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Agenda Packet TC 08/05/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, August 5, 2013 AMENDED AGENDA CALL TO ORDER AND ANNOUNCE A QUORUM INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. PRESENTATION 2013-435-T Presentation and recognition of Trophy Club Stars and Stripes Route and Neighborhood Captains and Volunteers for the planting of over 25,000 flags in Trophy Club, and presentation and recognition of members of the Trophy Club Stars and Stripes Parade of Patriots Committee. July 4th Resolution.pdfAttachments: CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Town Council Packet 1 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda 2013-462-T Consider and take appropriate action regarding an interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Infrastructure Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Infrastructure Agreement 2013.pdfAttachments: 2013-463-T Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Emergency Services Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Emergency Services Agreement.pdfAttachments: 2013-464-T Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection between the Town and Denton County for Tax Year 2013; and authorizing the Mayor or her designee to execute all necessary documents. Ad Valorem Agreement 2013.pdfAttachments: 2013-438-T Consider and take appropriate action regarding the Minutes dated July 15, 2013. tcm 7-15-13.pdfAttachments: 2013-439-T Consider and take appropriate action regarding a Resolution to terminate EDC 4A. Res 2013-20Termination of EDC 4A.pdfAttachments: PUBLIC HEARING Town Council Packet 2 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda 2013-422-T Conduct a Public Hearing regarding a Zoning Change request for an 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center for a hotel, restaurants, and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd. Staff Report - TC 080513 -PD-34.pdf Ord 2013-18 PZ Trophy Wood Commercial Center.pdf PD-34 Development Standards.pdf Application.pdf Public Hearing Notice 07-03-2013.pdf Property Owner Notification - Packet.pdf List of Property Owners.pdf Resident Email - Opposed.pdf Attachments: 2013-424-T Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family residential development. Applicant: Corwin Engineering, Inc., on behalf of TC Hospital, L.P. Aaron Ketchand on behalf of prospective buyer. Application.pdf Public Hearing Notice.pdf Public Hearing Continuance Notice.pdf Attachments: REGULAR SESSION 2013-469-T Discussion of Tax Rate A. Consider and take appropriate action regarding scheduling a public hearing to meet Truth in Taxation requirements and/or as required by the Charter. 2013-459-T Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town of Trophy Club Combination Tax and Revenue Certificates of Obligation, Series 2013 in the approximate aggregate principal amount of $3,000,000; awarding the sale of the certificates, levying a tax, and providing for the security for and payment of the certificates; authorizing the execution of an agreement for financial advisory services; approving the official statement, enacting other provisions; and providing an effective date. Ord No. 2013-17.pdfAttachments: Town Council Packet 3 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda 2013-420-T Consider and take appropriate action regarding a request for approval of a Final Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. A. Developer's Agreement - Consider and take appropriate action regarding a Developer's Agreement between the Town and Standard Pacific of Texas, Inc. for construction of the Veranda Avenue Bridge and related infrastructure; and authorizing the Mayor or her designee to execute all necessary documents. Staff Report - TC 080513.pdf Application.pdf CLOMR Approval Letters.pdf ClubCorp Permission Letter.pdf Final Review - TNP - Outstanding Comments.pdf Developer's Agreement.pdf Exhibit A - Construction Estimates.pdf Attachments: 2013-423-T Consider and take appropriate action regarding Ordinance 2013-18 P&Z amending the Town’s Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center; providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. 2013-445-T Consider and take appropriate action regarding a Resolution of the Town Council approving standards for Town Employee paid leave; authorizing the Town Manager to implement administrative policies reflecting the approved standards; providing that the standards shall become effective October 1, 2013; and providing an effective date. Res 2013-21 Sick and Paid Leave Policy.pdfAttachments: 2013-447-T Consider and take appropriate action regarding appointment of a Board Member to Serve on the Denco 9-1-1 Board. DENCO Staff Report.pdf Supporting Docs.pdf Denco Res 2013-22.pdf Attachments: Town Council Packet 4 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda 2013-461-T Consider and take appropriate action regarding a Resolution of the Town Council amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials ("Handbook") to amend the section of the Handbook entitled "Maximum Number of Appointments" establishing the maximum number of Board, Commission, and Corporation appointments a person may hold; and providing an effective date. Staff Report.pdf RES 2013-25 Handbook.pdf Attachments: 2013-465-T Consider and take appropriate action to task CFAB (Citizen Finance Advisory Board) with developing a formal Debt Management Policy and recommendation for the Town Council to consider. 2013-452-T Consider and take appropriate regarding a Resolution authorizing the creation of an Animal Shelter Advisory Committee; providing that the Committee shall consist of four members who meet state law qualification requirements for service; providing that a minimum of three meetings be held annually; providing for a one year term of office for members; providing that appointments shall be made in accordance with Town's annual appointment process; designating a Staff Liaison; and providing an effective date. shelter advisory committee StaffReport.pdf Res 2013-23 Animal Shelter Committee.pdf Attachments: 2013-453-T Town Council Liasion Updates; discussion of same: 2013-454-T Town Manager Slye's update regarding the following: discussion of same. - Transportation Update 170/114 Project - Independent East Trail Update - Logo Update - Blue Ribbon Panel Update - TIF Zone Update - Election Update - Finance Department Update 2013-455-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Mayor's Roundtable Dinner (7/24) - Mayor's Cup Race (7/26) 2013-456-T Future Agenda Items. FutureAgendaItemList.pdfAttachments: Town Council Packet 5 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda EXECUTIVE SESSION 2013-457-T Pursuant to the following designated sections of the Texas Local Government Code, Annotated, Chapter 551, the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with 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: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.071(2) Consultation with Attorney and Texas Government Code Section 551.072 Deliberations about Real Property. Consultation with 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 and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (1) Drainage easements for Indian Creek Project (2) Negotiations with property owners and potential condemnation action to obtain necessary drainage easements for the following properties: a. 32 Edgemere Drive b. 31 Creekmere Drive c. 549 Indian Creek Drive RECONVENE INTO REGULAR SESSION 2013-458-T Consider and take appropriate action regarding the Executive 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 Town Council Packet 6 of 230 August 5, 2013 August 5, 2013Town Council Meeting Agenda 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 [INSERT DATE] by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. [INSERT SIGNATURE] 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 Council Packet 7 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-435-T Name: Status:Type:Agenda Item Draft File created:In control:7/25/2013 Town Council On agenda:Final action:8/5/2013 Title:Presentation and recognition of Trophy Club Stars and Stripes Route and Neighborhood Captains and Volunteers for the planting of over 25,000 flags in Trophy Club, and presentation and recognition of members of the Trophy Club Stars and Stripes Parade of Patriots Committee. Attachments:July 4th Resolution.pdf Action ByDate Action ResultVer. Presentation and recognition of Trophy Club Stars and Stripes Route and Neighborhood Captains and Volunteers for the planting of over 25,000 flags in Trophy Club, and presentation and recognition of members of the Trophy Club Stars and Stripes Parade of Patriots Committee. Town Council Packet 8 of 230 August 5, 2013 TOWN OF TROPHY CLUB, TEXAS RESOLUTION 2013-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPRECIATING THOSE INDIVIDUALS AND ORGANIZATIONS THAT PARTICIPATED IN THE TOWN OF TROPHY CLUB’S JULY 4TH CELEBRATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, prior to and on July 4th, 2013, a number of individuals and organizations participated in the Trophy Club July 4th Celebration; and WHEREAS, the Town of Trophy Club is fortunate to have citizens and friends that go out of their way to support the Town; and WHEREAS, the Town Council desires to recognize those individuals and organizations for their outstanding dedication to the community. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club, Texas, wishes to express its appreciation and thanks to the following: Amy Felker Bill Rose Danny Thomas Lisa Henessey Melissa Hatcher Irma Seal Jack Volkel Bert Miller Nancy Payton Kathy Gonzales Nick Sanders Lourdes Hassler Tiffany Nimphius Sally Freeman Kimberly Blake Libby Eddins Pam Rost Larry Hoover Rosie Ferraccio Lisa Escue Tracey Hunter Tanya Bills Wendi Bailey Terry Bills John Walling Mary Harlow Sue Fitzgerald Trish Myers Greg Lamont Dan Donegan Julie Stapleton Jennifer Rauch Dena Boudreau DeDe Brady Somer Hughes Joel Quile Christi Haggard Jill Joslin Amie Tennyson Angelica Friske Teryl Flynn Section 2. That this resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of August, 2013. _______________________________________ Connie White, Mayor (Seal) Town of Trophy Club, Texas Town Council Packet 9 of 230 August 5, 2013 ATTEST: ___________________________________ Amy Piukana, TRMC; Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ____________________________________ Town Attorney, Town of Trophy Club, Texas Town Council Packet 10 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-462-T Name: Status:Type:Agenda Item Draft File created:In control:7/31/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding an interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Infrastructure Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Infrastructure Agreement 2013.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Infrastructure Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 11 of 230 August 5, 2013 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS, AND________________________________________________________ THIS AGREEMENT is made and entered into this ____________ day of ___________, 2013, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and ________________________________, an instrumentality of the City/Town of__________________, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "DISTRICT." WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24; and WHEREAS, DISTRICT has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: Page 1 of 14 Town Council Packet 12 of 230 August 5, 2013 I. The effective date of this Agreement shall be the 1st day of October, 2013. The term of this Agreement shall be for a period of one year, from October 1, 2013, to and through September 30, 2014. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the current term of the Agreement. DISTRICT agrees to deliver this agreement no later than September 30, 2013 in manner required by COUNTY to fully execute said collection services by COUNTY. II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for DISTRICT to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as assessor-collector for DISTRICT for assessment collection for tax year 2013, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary assessment collecting duties for DISTRICT and DISTRICT does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect assessments for DISTRICT. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees. Page 2 of 14 Town Council Packet 13 of 230 August 5, 2013 2. COUNTY agrees to prepare and mail all assessment statements (included on the tax statement for each parcel); provide monthly collection reports to DISTRICT; develop and maintain both current and delinquent assessment rolls; disburse assessment monies to district daily (business day) based on prior day assessment postings, approve and refund overpayment or erroneous payment of assessments for DISTRICT pursuant to Texas Property Tax code Sections 31.11 and 31.12 from available current tax collections of DISTRICT; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to DISTRICT, and to promptly furnish written reports to keep DISTRICT informed of all financial information affecting it. 4. DISTRICT agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 5. COUNTY agrees to allow an audit of the assessment collection records of DISTRICT in COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by DISTRICT. A copy of any and all such audits shall be furnished to COUNTY. Page 3 of 14 Town Council Packet 14 of 230 August 5, 2013 6. If required by DISTRICT, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to DISTRICT and in an amount determined by the governing body of DISTRICT. The premium for any such bond shall be borne solely by DISTRICT. 7. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2014. COUNTY agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying that delinquent penalties will apply to all assessments which are not paid by January 31, 2014. The reminder notices will be mailed between February 5th and February 28th 8. COUNTY agrees that it will post to a secure website collection reports for DISTRICT listing current assessments, delinquent assessments, and penalties and interest on a daily basis through September 30, 2014; COUNTY will provide monthly Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports 9. DISTRICT retains its right to select its own delinquent assessment collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by DISTRICT in the collection of delinquent taxes and related activities. 10. DISTRICT will provide COUNTY with a copy of their current assessment collection attorney contract on or before each February 15th. DISTRICT will Page 4 of 14 Town Council Packet 15 of 230 August 5, 2013 provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and DISTRICT. IV. It is understood and agreed between COUNTY and DISTRICT that the DISTRICT, in performing its obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed between COUNTY and DISTRICT that the COUNTY, in performing its obligations hereunder, is acting independently, and the DISTRICT assumes no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT is intended to benefit any third party beneficiary. Page 5 of 14 Town Council Packet 16 of 230 August 5, 2013 DISTRICT agrees that it will protect, defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the foregoing, any negligent act or omission of the DISTRICT or any employee, officer, agent, subcontractor, servant, invitee, or assignee of the DISTRICT in the execution or performance of this AGREEMENT. This provision shall survive the termination of this AGREEMENT. V. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to assessment service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. VI. DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with DISTRICT to the extent allowed by law. Page 6 of 14 Town Council Packet 17 of 230 August 5, 2013 VII. DISTRICT understands and agrees that DISTRICT, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of DISTRICT. VIII. For the services rendered during the 2013-2014 assessment year, DISTRICT agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of assessment statements as follows: 1. The current assessment statements will be mailed by October 10th or as soon thereafter as practical. If DISTRICT does not provide the assessment roll on or before September 10, 2013 COUNTY will charge a $5,000.00 late processing fee, plus the per statement fee not to exceed $0.70 each. The assessment roll is to be in the form of a flat ASCII file and delivered to both the Tax Assessor/Collector and to the Tax Assessor/Collector’s software provider; delivery may be by CD, or FTP. All assessments become due on receipt of the tax statement each year. 2. All unpaid assessments become delinquent on February 1st of the year following the assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)). Page 7 of 14 Town Council Packet 18 of 230 August 5, 2013 3. Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 4. An additional notice will be sent during the month of March following the initial mailing provided that DISTRICT has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed $0.70. 5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes. 8. In event of a successful challenge to the assessments taking place after assessment bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of each parcel. County will charge a fee for preparing and mailing will be a rate not to exceed $0.70 per corrected statement, to comply with Property Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax Code Section Page 8 of 14 Town Council Packet 19 of 230 August 5, 2013 26.07 (g), COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. If issuance of refunds is required, it will be the responsibility of the COUNTY. DISTRICT will be billed for the refunds, first-class postage and the processing fees. 10. DISTRICT understands and agrees that COUNTY will, no later than January 31st, deduct from current collections of DISTRICT the “Total Cost” of providing all services described in paragraphs 1-5 above. This “Total Cost” includes any such services that have not yet been performed at the time of deduction. The “Total Cost” of providing all services described in paragraphs 1-5 above shall be the total of: $ 0.70 x the total number of parcels on DISTRICT’S Tax Roll for tax year 2013. In the event that a rollback election as described in paragraph 6 takes place, COUNTY shall bill DISTRICT for the applicable programming charge, check processing fees, refunds paid, and refund postage costs. DISTRICT shall pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill DISTRICT for such amounts. DISTRICT shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 11. DISTRICT further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to DISTRICT for any renewal year of this Agreement, provided that COUNTY gives written notice to DISTRICT sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The Page 9 of 14 Town Council Packet 20 of 230 August 5, 2013 collection rate for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel collection rate. IX. COUNTY agrees to remit all assessments, penalties, and interest collected on DISTRICT's behalf and to deposit such funds into the DISTRICT’s depositories, as designated: 1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or ACH to DISTRICT's depository accounts only, and segregated into the appropriate MO and IS accounts. Only in the event of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest be sent by mail to DISTRICT. 2. If DISTRICT uses the same depository as COUNTY, the deposits assessments, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30, 2014. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result of an outstanding assessment debt of DISTRICT, the DISTRICT agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. Page 10 of 14 Town Council Packet 21 of 230 August 5, 2013 X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the assessment year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. XI. This Agreement represents the entire agreement between DISTRICT and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both DISTRICT and COUNTY or those authorized to sign on behalf of those governing bodies. Page 11 of 14 Town Council Packet 22 of 230 August 5, 2013 XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 DISTRICT: _______________________________________ Address: ___________________________________ City, State, Zip: ______________________________ Telephone: _________________ Email: ______________________________ XIII. DISTRICT hereby designates _____________________ to act on behalf of DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all duties and obligations of DISTRICT as stated in this Agreement. DISTRICT’s designee shall devote sufficient time and attention to the execution of said duties on behalf of DISTRICT in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the DISTRICT employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance Page 12 of 14 Town Council Packet 23 of 230 August 5, 2013 of the purposes, terms and conditions of this Agreement for the mutual benefit of DISTRICT and COUNTY. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this, _________day of _________________ 2013. COUNTY DISTRICT Denton County ___________________________________ 110 West Hickory Address: Denton, Texas 76201 City, State, Zip: BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title:_________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Name_________________________ Denton County Clerk Title__________________________ Page 13 of 14 Town Council Packet 24 of 230 August 5, 2013 APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Michelle French John Feldt Denton County Denton County Tax Assessor/Collector Assistant District Attorney Page 14 of 14 Town Council Packet 25 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-463-T Name: Status:Type:Agenda Item Draft File created:In control:7/31/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Emergency Services Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Emergency Services Agreement.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2013 (Emergency Services Assessment); and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 26 of 230 August 5, 2013 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS, AND________________________________________________________ THIS AGREEMENT is made and entered into this ____________ day of ___________, 2013, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and ________________________________, an instrumentality of the City/Town of__________________, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "DISTRICT." WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24; and WHEREAS, DISTRICT has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: Page 1 of 14 Town Council Packet 27 of 230 August 5, 2013 I. The effective date of this Agreement shall be the 1st day of October, 2013. The term of this Agreement shall be for a period of one year, from October 1, 2013, to and through September 30, 2014. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the current term of the Agreement. DISTRICT agrees to deliver this agreement no later than September 30, 2013 in manner required by COUNTY to fully execute said collection services by COUNTY. II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for DISTRICT to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as assessor-collector for DISTRICT for assessment collection for tax year 2013, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary assessment collecting duties for DISTRICT and DISTRICT does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect assessments for DISTRICT. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees. Page 2 of 14 Town Council Packet 28 of 230 August 5, 2013 2. COUNTY agrees to prepare and mail all assessment statements (included on the tax statement for each parcel); provide monthly collection reports to DISTRICT; develop and maintain both current and delinquent assessment rolls; disburse assessment monies to district daily (business day) based on prior day assessment postings, approve and refund overpayment or erroneous payment of assessments for DISTRICT pursuant to Texas Property Tax code Sections 31.11 and 31.12 from available current tax collections of DISTRICT; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to DISTRICT, and to promptly furnish written reports to keep DISTRICT informed of all financial information affecting it. 4. DISTRICT agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 5. COUNTY agrees to allow an audit of the assessment collection records of DISTRICT in COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by DISTRICT. A copy of any and all such audits shall be furnished to COUNTY. Page 3 of 14 Town Council Packet 29 of 230 August 5, 2013 6. If required by DISTRICT, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to DISTRICT and in an amount determined by the governing body of DISTRICT. The premium for any such bond shall be borne solely by DISTRICT. 7. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2014. COUNTY agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying that delinquent penalties will apply to all assessments which are not paid by January 31, 2014. The reminder notices will be mailed between February 5th and February 28th 8. COUNTY agrees that it will post to a secure website collection reports for DISTRICT listing current assessments, delinquent assessments, and penalties and interest on a daily basis through September 30, 2014; COUNTY will provide monthly Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports 9. DISTRICT retains its right to select its own delinquent assessment collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by DISTRICT in the collection of delinquent taxes and related activities. 10. DISTRICT will provide COUNTY with a copy of their current assessment collection attorney contract on or before each February 15th. DISTRICT will Page 4 of 14 Town Council Packet 30 of 230 August 5, 2013 provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and DISTRICT. IV. It is understood and agreed between COUNTY and DISTRICT that the DISTRICT, in performing its obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed between COUNTY and DISTRICT that the COUNTY, in performing its obligations hereunder, is acting independently, and the DISTRICT assumes no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT is intended to benefit any third party beneficiary. Page 5 of 14 Town Council Packet 31 of 230 August 5, 2013 DISTRICT agrees that it will protect, defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the foregoing, any negligent act or omission of the DISTRICT or any employee, officer, agent, subcontractor, servant, invitee, or assignee of the DISTRICT in the execution or performance of this AGREEMENT. This provision shall survive the termination of this AGREEMENT. V. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to assessment service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. VI. DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with DISTRICT to the extent allowed by law. Page 6 of 14 Town Council Packet 32 of 230 August 5, 2013 VII. DISTRICT understands and agrees that DISTRICT, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of DISTRICT. VIII. For the services rendered during the 2013-2014 assessment year, DISTRICT agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of assessment statements as follows: 1. The current assessment statements will be mailed by October 10th or as soon thereafter as practical. If DISTRICT does not provide the assessment roll on or before September 10, 2013 COUNTY will charge a $5,000.00 late processing fee, plus the per statement fee not to exceed $0.70 each. The assessment roll is to be in the form of a flat ASCII file and delivered to both the Tax Assessor/Collector and to the Tax Assessor/Collector’s software provider; delivery may be by CD, or FTP. All assessments become due on receipt of the tax statement each year. 2. All unpaid assessments become delinquent on February 1st of the year following the assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)). Page 7 of 14 Town Council Packet 33 of 230 August 5, 2013 3. Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 4. An additional notice will be sent during the month of March following the initial mailing provided that DISTRICT has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed $0.70. 5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes. 8. In event of a successful challenge to the assessments taking place after assessment bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of each parcel. County will charge a fee for preparing and mailing will be a rate not to exceed $0.70 per corrected statement, to comply with Property Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax Code Section Page 8 of 14 Town Council Packet 34 of 230 August 5, 2013 26.07 (g), COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. If issuance of refunds is required, it will be the responsibility of the COUNTY. DISTRICT will be billed for the refunds, first-class postage and the processing fees. 10. DISTRICT understands and agrees that COUNTY will, no later than January 31st, deduct from current collections of DISTRICT the “Total Cost” of providing all services described in paragraphs 1-5 above. This “Total Cost” includes any such services that have not yet been performed at the time of deduction. The “Total Cost” of providing all services described in paragraphs 1-5 above shall be the total of: $ 0.70 x the total number of parcels on DISTRICT’S Tax Roll for tax year 2013. In the event that a rollback election as described in paragraph 6 takes place, COUNTY shall bill DISTRICT for the applicable programming charge, check processing fees, refunds paid, and refund postage costs. DISTRICT shall pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill DISTRICT for such amounts. DISTRICT shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 11. DISTRICT further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to DISTRICT for any renewal year of this Agreement, provided that COUNTY gives written notice to DISTRICT sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The Page 9 of 14 Town Council Packet 35 of 230 August 5, 2013 collection rate for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel collection rate. IX. COUNTY agrees to remit all assessments, penalties, and interest collected on DISTRICT's behalf and to deposit such funds into the DISTRICT’s depositories, as designated: 1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or ACH to DISTRICT's depository accounts only, and segregated into the appropriate MO and IS accounts. Only in the event of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest be sent by mail to DISTRICT. 2. If DISTRICT uses the same depository as COUNTY, the deposits assessments, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30, 2014. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result of an outstanding assessment debt of DISTRICT, the DISTRICT agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. Page 10 of 14 Town Council Packet 36 of 230 August 5, 2013 X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the assessment year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. XI. This Agreement represents the entire agreement between DISTRICT and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both DISTRICT and COUNTY or those authorized to sign on behalf of those governing bodies. Page 11 of 14 Town Council Packet 37 of 230 August 5, 2013 XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 DISTRICT: _______________________________________ Address: ___________________________________ City, State, Zip: ______________________________ Telephone: _________________ Email: ______________________________ XIII. DISTRICT hereby designates _____________________ to act on behalf of DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all duties and obligations of DISTRICT as stated in this Agreement. DISTRICT’s designee shall devote sufficient time and attention to the execution of said duties on behalf of DISTRICT in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the DISTRICT employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance Page 12 of 14 Town Council Packet 38 of 230 August 5, 2013 of the purposes, terms and conditions of this Agreement for the mutual benefit of DISTRICT and COUNTY. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this, _________day of _________________ 2013. COUNTY DISTRICT Denton County ___________________________________ 110 West Hickory Address: Denton, Texas 76201 City, State, Zip: BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title:_________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Name_________________________ Denton County Clerk Title__________________________ Page 13 of 14 Town Council Packet 39 of 230 August 5, 2013 APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Michelle French John Feldt Denton County Denton County Tax Assessor/Collector Assistant District Attorney Page 14 of 14 Town Council Packet 40 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-464-T Name: Status:Type:Agenda Item Draft File created:In control:7/31/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection between the Town and Denton County for Tax Year 2013; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Ad Valorem Agreement 2013.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection between the Town and Denton County for Tax Year 2013; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 41 of 230 August 5, 2013 THE STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT FOR TAX COLLECTION BETWEEN DENTON COUNTY, TEXAS, AND CITY/TOWN OF _______________________________ THIS AGREEMENT is made and entered into this _____________________ day of ____________________ 2013, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and, the City/Town of ___________________________, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "MUNICIPALITY." WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and; WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for MUNICIPALITY and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and MUNICIPALITY, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: Page 1 of 14 Town Council Packet 42 of 230 August 5, 2013 I. The effective date of this Agreement shall be the 1st day of October, 2013. The term of this Agreement shall be for a period of one year, from October 1, 2013, to and through September 30, 2014. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and MUNICIPALITY, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the current term of the Agreement. MUNICIPALITY agrees to deliver this agreement no later than September 30, 2013 in manner required by COUNTY to fully execute said collection services by COUNTY. II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for MUNICIPALITY to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as tax assessor-collector for MUNICIPALITY for ad valorem tax collection for tax year 2013, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. Page 2 of 14 Town Council Packet 43 of 230 August 5, 2013 2. COUNTY agrees to prepare and mail all current and delinquent tax statements required by statute, supplemental changes for applicable property accounts, as well as prepare and mail any other mailing as deemed necessary and appropriate by COUNTY; provide daily and monthly collection reports to MUNICIPALITY; prepare tax certificates; develop and maintain both current and delinquent tax rolls, disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax postings. COUNTY agrees to approve and refund overpayment or erroneous payment of taxes for MUNICIPALITY pursuant to Texas Property Tax code Sections 31.11 and 31.12 from available current tax collections of MUNICIPALITY; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3 COUNTY further agrees that it will calculate the effective tax rates and rollback tax rates for MUNICIPALITY and that such calculations will be provided at no additional cost to MUNICIPALITY . The information concerning the effective and rollback tax rates will be published in the form prescribed by the Comptroller of Public Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. MUNICIPALITY shall notify tax assessor-collector no later than July 25th of each year that MUNICIPALITY wishes publication of forms or notices specified in this section. MUNICIPALITY further agrees that if COUNTY calculates effective and rollback tax rates, COUNTY shall publish the required notices on behalf of MUNICIPALITY. It is understood and agreed by the parties that the expense of publication shall be borne by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY’s billing address to the newspaper publishing the effective and rollback tax rates. Page 3 of 14 Town Council Packet 44 of 230 August 5, 2013 4. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices of required hearing and quarter-page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code, if MUNICIPALITY requests such 7 days in advance of the intended publication date, COUNTY agrees to manage all notices and publications on behalf of MUNICIPALITY if request is received no later than July 25th. MUNICIPALITY must approve all calculations and notices, in the format required by COUNTY, before publication may proceed. The accuracy and timeliness of all required notices are the responsibility of MUNICIPALITY. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices of required hearing and quarter-page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code, if MUNICIPALITY requests such 7 days in advance of the intended publication date. MUNICIPALITY must approve all calculations and notices before publication may proceed. The accuracy and timeliness of all required notices are the responsibility of MUNICIPALITY. 5. Should MUNICIPALITY vote to increase its tax rate above the rollback tax rate the required publication of notices shall be the responsibility of MUNICIPALITY. 6. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to MUNICIPALITY, and to promptly furnish written reports to keep MUNICIPALITY informed of all financial information affecting it. Page 4 of 14 Town Council Packet 45 of 230 August 5, 2013 7. MUNICIPALITY agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 8. COUNTY agrees to allow an audit of the tax records of MUNICIPALITY in COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished to COUNTY. 9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to MUNICIPALITY and in an amount determined by the governing body of MUNICIPALITY. The premium for any such bond shall be borne solely by MUNICIPALITY. 10. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2014. COUNTY agrees to mail a reminder notice to delinquent property accounts in the month of February notifying that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2014. The reminder notices will be mailed between February 5th and February 28th. 11. COUNTY agrees that it will post to a secure website collection reports for MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily Page 5 of 14 Town Council Packet 46 of 230 August 5, 2013 basis through September 30, 2014. COUNTY will provide monthly Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 12. MUNICIPALITY retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by MUNICIPALITY in the collection of delinquent taxes and related activities. 13. MUNICIPALITY will provide COUNTY with a copy of their current tax collection attorney contract on or before each February 15th. MUNICIPALITY will provide COUNTY with notice of any change in collection attorney on or before the effective date of the new collection attorney contract. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and MUNICIPALITY. Page 6 of 14 Town Council Packet 47 of 230 August 5, 2013 IV. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to property tax service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. V. MUNICIPALITY accepts responsibility for the acts, negligence, and/or omissions of all MUNICIPALITY employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with MUNICIPALITY to the extent allowed by law. VI. MUNICIPALITY understands and agrees that MUNICIPALITY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of MUNICIPALITY. Page 7 of 14 Town Council Packet 48 of 230 August 5, 2013 VII. For the services rendered during the 2013 tax year, MUNICIPALITY agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed by October 10th or as soon thereafter as practical. In order to expedite mailing of tax statements the MUNICIPALITY must adopt their 2013 tax rate by September 25, 2013. Failure of the MUNICIPALITY to adopt a tax rate by September 25, 2013 will cause delay in timely mailing of tax statements. Pursuant to Texas Property Tax Code §26.05 if the DISTRICT must adopt a tax rate by the later of September 30th or 60 days after the certified appraisal roll is received. Failure to adopt and deliver a tax rate by the later of September 30th or 60 days after the certified appraisal roll is received may result in delay of processing and mailing DISTRICT tax statements. DISTRICT agrees to assume the costs for additional delayed tax statements, processing and mailing as determined by COUNTY. Notwithstanding the provisions of the Tax Code, if MUNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the Tax Assessor Collector by September 25, 2013, it may cause a delay in the publication and release of tax statements. 2. COUNTY will mail an additional notice during the month of March following the initial mailing provided that MUNICIPALITY has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed $0.70 per statement. 3. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the Page 8 of 14 Town Council Packet 49 of 230 August 5, 2013 requirements of Section 33.11 of the Texas Property Tax Code to the owner of each parcel to the owner of each parcel having delinquent taxes. 4. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, COUNTY will mail a delinquent tax statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the owner of each parcel having delinquent taxes. 5. For accounts which become delinquent on or after June 1st, COUNTY shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to the owner of each parcel having delinquent taxes. 6. In event of a successful rollback election which takes place after tax bills for MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of each parcel. COUNTY will charge a fee for this service at a rate not to exceed $0.70 per statement Property Tax Code Section 26.07 (f). When a refund is required per Property Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. MUNICIPALITY will be billed for the refunds, postage and processing fees. 7. MUNICIPALITY understands and agrees that COUNTY will, no later than January 31st, deduct from current collections of MUNICIPALITY the “Total Cost” of providing all services described in paragraphs 1-5 above. This “Total Cost” includes any such services that have not yet been performed at the time of deduction. The “Total Cost” of providing all services described in paragraphs 1-5 above shall be the total of: Page 9 of 14 Town Council Packet 50 of 230 August 5, 2013 $ 0.70 x the total number of parcels on MUNICIPALITY Tax Roll for tax year 2013. In the event that a rollback election as described in paragraph 6 takes place, COUNTY shall bill MUNICIPALITY for the applicable programming charge, check processing fees, refunds paid, and refund postage costs. MUNICIPALITY shall pay COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for additional delayed tax statements, processing and mailing are incurred as described in paragraph 1, COUNTY shall bill MUNICIPALITY for such amounts. MUNICIPALITY shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill. 8. MUNICIPALITY further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to MUNICIPALITY for any renewal year of this Agreement, provided that COUNTY gives written notice to MUNICIPALITY sixty (60) days prior to the expiration date of the initial term of the Agreement. The County Budget Office establishes collection rates annually based on a survey of actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate for each year is approved by County Commissioners’ Court. All entities are assessed the same per parcel collection rate. VIII. COUNTY agrees to remit all taxes, penalties, and interest collected on MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY’s depositories as designated: Page 10 of 14 Town Council Packet 51 of 230 August 5, 2013 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or ACH to MUNICIPALITY depository accounts only, and segregated into the appropriate MO and IS accounts. Only in the event of failure of electronic transfer protocol will a check for deposits of tax, penalty and interest b sent by mail to MUNICIPALITY. 2. If MUNICIPALITY uses the same depository as COUNTY, the deposits of tax, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will be made daily through September 30, 2014. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. 4. In event that COUNTY experiences shortage in collections as a result of an outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a payment in the amount of shortage shall be made by check or ACH to COUNTY within 15 days after notification of such shortage. IX. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. Page 11 of 14 Town Council Packet 52 of 230 August 5, 2013 X. This Agreement represents the entire agreement between MUNICIPALITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both MUNICIPALITY and COUNTY or those authorized to sign on behalf of those governing bodies. XI. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 MUNICIPALITY: The City/Town of _________________________________ Address: _______________________________________ City, State, Zip: ___________________________________ Telephone: ___________________ Email: ______________________________ Page 12 of 14 Town Council Packet 53 of 230 August 5, 2013 XII. MUNICIPALITY hereby designates _____________________ to act on behalf of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the performance of all duties and obligations of MUNICIPALITY as stated in this Agreement. MUNICIPALITY’s designee shall devote sufficient time and attention to the execution of said duties on behalf of MUNICIPALITY in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of MUNICIPALITY and COUNTY. XIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. Executed in duplicate originals this, ___________day of ___________ 2013. Page 13 of 14 Town Council Packet 54 of 230 August 5, 2013 COUNTY MUNICIPALITY Denton County Town/City: _________________________ 110 West Hickory Address: ___________________________ Denton, Texas 76201 City, State, Zip: ______________________ BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title: _________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Name_________________________ Denton County Clerk Title__________________________ APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Michelle French John Feldt Denton County Denton County Tax Assessor/Collector Assistant District Attorney Page 14 of 14 Town Council Packet 55 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-438-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding the Minutes dated July 15, 2013. Attachments:tcm 7-15-13.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the Minutes dated July 15, 2013. Town Council Packet 56 of 230 August 5, 2013 MINUTES FROM REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, July 15, 2013 at 6:33 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, July 15, 2013. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTIES OF DENTON/TARRANT § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem Bill Rose Council Member, Place 1 Danny Mayer Council Member, Place 4 Greg Lamont Council Member, Place 5 TOWN COUNCIL MEMBERS ABSENT: Clint Schroeder Council Member, Place 3 STAFF MEMBERS PRESENT: Mike Slye Town Manager Amy Piukana Town Secretary Patricia Adams Town Attorney April Reiling Public Information Officer/Marketing Manager Lee Delk Commander Adam Adams Parks & Recreation Director Mayor White announced the date of July 15, 2013, called the Workshop Meeting to order and announced a quorum at 6:33 p.m. WORKSHOP SESSION 1. Discussion of employee vacation and sick leave policy. Human Resource Manager Tammy Ard provided a brief overview of the proposed vacation and sick leave policy. The Council discussed the draft policies. No action was taken on this item. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for July 15 , 2013. There was no discussion on this item. The Council took a brief five minute recess at 7:15 p.m. Town Council Packet 57 of 230 August 5, 2013 July 15, 2013 Town Council Minutes Page 2 of 6 CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:21 P.M. INVOCATION - The invocation was led by Finance Director Michael Aguilera. PLEDGES – The Pledge of Allegiance to the American and Texas Flags was led by Parks Director Adam Adams. 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. Resident Larry Hoover addressed the council regarding the employee vacation and sick leave policy. 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. 3. Consider and take appropriate action regarding the Town Council Minutes dated June 24, 2013. 4. Consider and take appropriate action regarding acceptance of the budget adopted by the Crime Control and Prevention District and ordering a public hearing August 19, 2013 on the budget to be held in accordance with state law. Council Member Rose made a motion to approve Consent Items 3-4, as amended. Motion seconded by Mayor Pro Tem Tiffany. Motion approved by vote of 5-0. 5. Consider and take appropriate action to award the bid for the Indian Creek Reconstruction Project and authorizing the Mayor or her designee to execute all necessary documents. Town Engineer Tom Rutledge briefed Council regarding this item. The developer explained that the proposed plans are to build a trail which will ultimately connect to the sidewalks along Trophy Park Drive. Town Council Packet 58 of 230 August 5, 2013 July 15, 2013 Town Council Minutes Page 3 of 6 Council Member Danny Mayer made a motion to approve, $1,637,000 million dollars to CPS Civil. Motion seconded by Mayor Pro Tem Tiffany. Council Member Mayer made a motion to amend the motion on the floor to add an amount not to exceed $1,637,841 million dollars. Council Member Mayer made a motion to amend the amended motion to add the reconstruction amount not to exceed $1,386,841 to CPS and overall project amount of $1,637,841 total. Motion seconded by Mayor Pro Tem Tiffany. Motion prevailed by vote of 5-0. 6. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 8, Phase 2B consisting of 65 residential lots and 4 open space lots for a total of 14.421 acres located in the Highlands at Trophy Club at the southeast corner of Trophy Club Drive and Trophy Park Drive. A. Subdividers Agreement – Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and Lennar Homes of Texas Land and Construction, LTD. for Neighborhood 8, Phase 2B; and authorizing the Mayor or her designee to execute all necessary documents. Assistant Town Manager Stephen Seidel briefed Council regarding this item. The Developer has met all criteria required and agreed to an open space agreement and gas well site requirements. The Developer plans to build a trail (owned and maintained by the HOA) which will connect to the sidewalks along Trophy Park Drive. Council Member Mayer made a motion to approve Neighborhood 8, Phase 2B consisting of 65 residential lots and 4 open space lots for a total of 14.421 acres located in the Highlands at Trophy Club at the southeast corner of Trophy Club Drive and Trophy Park Drive, A. Subdividers Agreement – Consider and take appropriate action regarding a Subdivider’s Agreement between the Town and Lennar Homes of Texas Land and Construction, LTD. for Neighborhood 8, Phase 2B; and authorizing the Mayor or her designee to execute all necessary documents. Motion seconded by Council Member Tiffany. Motion approved 4-1, Council Member Rose voting against. 7. Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the creation of a connector that will join the Independence East Trail to the newly constructed trail located on the LDS Church property; and authorizing the Town Manager or his designee to execute all necessary documents. Parks Director Adam Adams briefed Council regarding this item. Mr. Adams explained that the proposed trail will connect the upcoming LDS trail with the existing trail at Independence Park. Mr. Adams noted that the park Board approved the expenditure of 2008 Park Bond funds for the construction of the trail. Council Member Rose made a motion to approve a connector that will join the Independence East Trail to the newly constructed trail located on the LDS Church Town Council Packet 59 of 230 August 5, 2013 July 15, 2013 Town Council Minutes Page 4 of 6 property; and authorizing the Town Manager or his designee to execute all necessary documents. Motion seconded by Council Member Mayer. Motion approved by vote 5-0. Council recessed for a five minute break at 8:50 p.m. Council reconvened into regular session at 8:56 p.m. 8. Consider and take appropriate action regarding a Resolution creating a Blue Ribbon Panel formed for the purpose of studying the current governmental structure with in the Town of Trophy Club and providing recommendations regarding the proposed Town and MUD 1 consolidation; and providing an effective date. Town Manager Mike Slye briefed Council regarding this item. Mr. Slye noted that at the June 24, 2013 Council Meeting as a result of Executive Session, the Town Council proposed a Blue Ribbon Panel. The Panel will be charged with investigating the optimal solution to the future of MUD 1 and the Town Government structure by examining the current government structure, researching best practices for municipal government and providing a recommendation to the Town Council regarding local government consolidation. This item was discussion only, and no action was taken. 9. Consider and take appropriate action regarding a Resolution calling certain outstanding obligations for redemption, authorizing payment of the Series 2010 Tax Notes held by The Independent Bankers Bank for the amount of $280,700.25, authorizing payment of the 2007 Certificates of Obligation held by Zions Bank for the amount of $266,492.00, and resolving other related matters. Finance Director Michael Aguilera briefed Council regarding this item. Mr. Aguilera explained the the Resolution authorizing payment satisfies a portion of the debt that EDC 4A helped pay and that the two payments include a portionof the 2010 tax note and the entirety of the debt service on Certificates of Obligations series 2007. Mr. Aguilera noted that the early payment of $280,700.25 would save the Town approximately $11,477.00. Council Member Mayer made a motion to approve a Resolution calling certain outstanding obligations for redemption, authorizing payment of the Series 2010 Tax Notes held by The Independent Bankers Bank for the amount of $280,700.25, authorizing payment of the 2007 Certificates of Obligation held by Zions Bank for the amount of $266,492.00. Motion seconded by Council Member Tiffany. Motion approved 5-0. Town Council Packet 60 of 230 August 5, 2013 July 15, 2013 Town Council Minutes Page 5 of 6 10. Consider and take appropriate action regarding the potential modification of the Interlocal Payment Contribution Agreement for the Joint Storage and Maintenance Building located adjacent to the eastern perimeter fence of the MUD 1 Wastewater Treatment Plant. Town Manager Mike Slye briefed Council regarding this item. Mr. Slye briefed Council regarding the history of the shared Maintenance Storage building located near the Wastewater Treatment Plant. Mr. Slye explained that the Town pays the MUD $583.33 per month to use half of the building. However, the partial space is flooded with Parks & Recreation equipment and the space has become inadequate for their storage needs. The Town Manager would like to present an amendment to the MUD 1 requesting additional space not being used. Mr. Slye presented photos of the storage area space. MUD Director Jennifer McKnight was present and briefly explained to Council that the storage building has been recently cleaned. 11. Town Council Liaison Updates; discussion of same: Scheduled by meetings. Council Member Mayer and Council Member Lamont provided a brief update regarding EDC 4B. 12. Town Manager Update regarding the following; discussion of same. - November Election Update - July 4th Event Update - Linear Trail/High School bridge update - Town Hall/Community Update for Strategic Plan Agreement (SPA)- (August 8th tentative date) - Water Conservation District Well Registration Town Manager Slye provided an update; no action was taken on these items. 13. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Women in Business Event - Ribbon Cutting State Representative Giovanni Capriglione - July 4th Parade Event Mayor White provided an update; no action was taken on these items. 14. Future Agenda Items. – Council Member Mayer asked the Town Manager research and possibly update the Town Ordinances regarding the recently passed House Bill 1297 to the Future Agenda Calendar update. Town Council Packet 61 of 230 August 5, 2013 July 15, 2013 Town Council Minutes Page 6 of 6 Council Member Lamont asked that the Ordinance regarding home based businesses and criteria for relatives living in a single family residence be considered as a future agenda item. Mayor Pro Tem Tiffany asked that the Town Logo be added as a future agenda item at the August 5, 2013 Town Council meeting. Council Member Rose concurred that the item be placed on the next regular agenda. The Town Council recessed into Executive Session at 10:12 p.m. EXECUTIVE SESSION 15. Section 551.071 (2) Consultation with 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. (1) Water and wastewater services for PID; terms of interlocal agreement for provision of water and wastewater services, approval and parameters of representation, and related matters. RECONVENE INTO REGULAR SESSION The Town Council reconvened into Regular Session and took no action as a result. ADJOURN Council Member Mayer made a motion to adjourn the meeting. Motion seconded by Council Member Rose. Motion approved by vote of 6-0. The meeting adjourned at 11:29 p.m. Attest: Signed: ___________________________________ ___________________________________ Amy M. Piukana, TRMC; Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Packet 62 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-439-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding a Resolution to terminate EDC 4A. Attachments:Res 2013-20Termination of EDC 4A.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution to terminate EDC 4A. Town Council Packet 63 of 230 August 5, 2013 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2013-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS TAKING ACTION TO TERMINATE THE EXISTENCE OF THE TROPHY CLUB 4A ECONOMIC DEVELOPMENT CORPORATION (“EDC4A”) AS AUTHORIZED BY THE TEXAS LOCAL GOVERNMENT CODE; PURSUANT TO THE ARTICLES OF INCORPORATION OF THE EDC4A AUTHORIZING THE TRANSFER OF ANY INTEREST IN ANY EXISTING FUNDS OR PROPERTY OF ANY KIND, WHETHER REAL, PERSON, OR MIXED TO THE TOWN OF TROPHY CLUB UPON DISSOLUTION OF THE EDC4A AN AS AUTHORIZED BY LAW; PROVIDING FINDINGS THAT TERMINATION OF THE EDC4A WILL NOT IMPAIR ANY CONTRACTUAL OR OTHER DEBT OBLIGATIONS OF EDC4A; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, pursuant to Section 501.401 of the Texas Local Government Code (LGC), the Town Council as the authorizing unit of the Trophy Club 4A Economic Development Corporation (“EDC4A”) is authorized to take action by Resolution to terminate the existence of the EDC4A; and WHEREAS, the Town Council finds that the EDC4A does not have any outstanding contractual or other debt obligations which will be impaired by the dissolution of EDC4A; therefore, the termination of the EDC4A will not result in the impairment of any outstanding contractual or other debt obligations; and WHEREAS, the Town Council finds that the public health, safety and welfare are best served by the termination of the EDC4A and that pursuant to the Articles of Incorporation of the EDC4A, any interest in any funds or property of any kind, real, personal, or mixed existing upon dissolution will be transferred to the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The foregoing recitals and stated findings are found to be true and correct and are incorporated herein as if written word for word. Section 2. The Town Council of the Town of Trophy Club, Texas acting pursuant to its authority under Chapter 501 of the Texas Local Government Code, does by the adoption of this Resolution terminate the existence of the Trophy Club 4A Economic Development Corporation. Town Council Packet 64 of 230 August 5, 2013 Section 3. Pursuant to the Articles of Incorporation of the Trophy Club 4A Economic Development Corporation, any interest in any existing fund or property of any kind, real, personal, or mixed shall be transferred and delivered to the Town upon dissolution Section 4. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 5th day of August, 2013. Connie White, Mayor Town of Trophy Club, Texas [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 Council Packet 65 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-422-T Name: Status:Type:Agenda Item Public Hearing File created:In control:7/11/2013 Town Council On agenda:Final action:8/5/2013 Title:Conduct a Public Hearing regarding a Zoning Change request for an 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center for a hotel, restaurants, and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd. Attachments:Staff Report - TC 080513 -PD-34.pdf Ord 2013-18 PZ Trophy Wood Commercial Center.pdf PD-34 Development Standards.pdf Application.pdf Public Hearing Notice 07-03-2013.pdf Property Owner Notification - Packet.pdf List of Property Owners.pdf Resident Email - Opposed.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/18/2013 1 Conduct a Public Hearing regarding a Zoning Change request for an 8.286 acre tract of land located generallyto the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center for a hotel, restaurants, and retail uses.Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd. Town Council Packet 66 of 230 August 5, 2013 SUBJECT: Public Hearing regarding a request for a zoning change from “CG” Commercial General to “Planned Development No. 34 (PD-34) for a hotel, restaurants and retail uses. Applicant: Travis Bousquet, The Bousquet Group, Inc. on behalf of Trophy Lodging, Ltd. Applicant: Travis Bousquet The Bousquet Group, Inc. 501 S. Carroll Blvd., Suite 201 Denton, TX 76201 On Behalf of: Tom Jariwala Trophy Lodging, Ltd. 3001 Kari lane Greenville, TX 75402 Requested Action: Rezone from “CG” Commercial General to “PD” Planned Development No. 34 Purpose: Hotel, Restaurants and Retail Uses to be known as “Trophy Wood Commercial Center” The applicant is conceptually proposing four lots with one building on each lot. Lot 1: Hotel Use Lot 2: Restaurant Use Lots 3 and 4: Restaurant/Retail Use Location: This property is located along State Highway 114 to the east of Trophy Club Medical Plaza and to the west of Hampton Inn and Suites. Size: 8.286 acres TOWN COUNCIL STAFF REPORT August 5, 2013 Case No. ZCA-13-021 Zoning Change Request From “CG” Commercial General to Planned Development No. 34 (PD-34) Trophy Wood Commercial Center Town Council Packet 67 of 230 August 5, 2013 Existing Land Use: Vacant land Surrounding Land Use: North: “R-9” Single Family Residential and “PD-14” The Villas – Single Family Residential South: State Highway 114 East: “PD-25” Trophy Wood Business Center - Commercial Uses – Hotels, Restaurants, Retail West: “PD-23” Trophy Club Medical Plaza Town Council Packet 68 of 230 August 5, 2013 Planned Development District Regulations: A planned development (PD) is on tracts of land not to exceed 250 acres and may include a combination of different dwelling types and/or a variety of land uses which creatively complement each other and harmonize with existing and proposed land uses in the vicinity. The purpose of the district is to encourage creative development of the land, provide locations for well planned comprehensive developments, and provide for variety and flexibility in the development patterns of the Town which promote the health, safety, morals and general welfare of the community. The Town Council is empowered to grant permits for planned developments only after review and recommendation by the Planning and Zoning Commission. Planned Development No. 34 The applicant is requesting a rezoning to a planned development to allow a hotel, restaurants and retail uses. As outlined in the PD development standards the applicant requests: A hotel on Lot 1, which shall be only from the following brands: Hilton, Marriott, Starwood, or Hyatt. The hotel shall have, at a minimum, the following services: • 24 Hour Front Desk • Daily Housekeeping • Sit down Lobby area • Breakfast served in the morning 7 days a week • Swimming Pool • Fitness Center • Business Center A restaurant or restaurant with alcoholic beverage sales on lot 2. Lots 3 and 4 shall allow the uses specifically listed in the attached PD-34 zoning document. Height Regulations Lot 1: The hotel will be four (4) stores in height – not to exceed sixty-five feet (65’) in height. Lots 2-4: No building or structure shall exceed forty feet (40’) in height or two (2) stories maximum. Parking Shared parking may be allowed with this development if approved by the Planning and Zoning Commission and Town Council during site plan approval. The applicant plans to integrate joint use parking throughout the site. Town Council Packet 69 of 230 August 5, 2013 Hotel uses shall provide a minimum of one (1) parking space for each room and shared parking shall not be allowed for this requirement. Special Paving Patterned and colored concrete shall be constructed at the driveway entrances along State Highway 114. Hours of Operation Restaurants and Sports Bars: 6:00 a.m. to 12:00 a.m. (midnight). A Conditional Use Permit (CUP) shall be required for a restaurant or sports bar to stay open later than midnight (12 a.m.), but no later than 2:00 a.m. Town Regulations: A Conditional Use Permit can be required for uses that may have some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine their establishment on any given site. These requests go before the Planning & Zoning Commission and Town Council for consideration. Hotel: Twenty-four (24) hours per day. Retail Uses: 6:00 a.m. to 11:00 p.m. Building Materials and Colors The exterior walls of all main and accessory buildings shall be constructed of one hundred percent (100%) natural or manufactured stone, brick, stucco, or split face block. EIFS shall not be allowed. The entire PD shall have earth tone colors. Specific colors shall be approved at Site Plan approval for each lot. Screening & Fencing A forty foot (40’) landscape buffer will be provided along the north property line of this development to provide buffering from the existing adjacent residential. The 40-ft. buffer area shall contain only the following: fencing, berms, trees and landscaping to provide visual and acoustical privacy to the adjoining uses. The landscaping will include evergreen shade trees to provide screening year-round. In addition, a 15-ft. landscape buffer is provided along the State Highway 114 corridor. An eight foot (8’) masonry screening wall is required along the north property line and the commercial property owner shall be required to coordinate with existing Town Council Packet 70 of 230 August 5, 2013 residential property owners to remove existing fencing for replacement with the new fence. Maintenance of the fence will be the responsibility of the commercial property owners via a 5’ wide easement to be provided at the time of platting. Parallel fencing may be allowed but only with review of an applicable fence permit that meets all other Town fencing ordinance requirements. Site Plan Approval Prior to the issuance of any building permits, property owner shall provide the following items: Site Plan Landscape Plan and Plant List Building Elevations Photometric Plan & Light Fixtures Illustrations Sign Criteria Retaining Wall and Fence Criteria which shall require approval of the Town Council upon recommendation by the Planning and Zoning Commission. Public Hearing and Property Owner Notification: As required by ordinance, a notice of public hearing for this zoning change request was published in the local newspaper at least 15 days prior to the date of the public hearing by the Planning and Zoning Commission. Publication occurred on July 3, 2013. In addition, property owners within 200-ft. were notified of this zoning change request. Fifty- four (54) property owners received notification. As of August 1, one resident sent an email in opposition to this request. A copy of the email is included in this packet. In addition, at the Planning and Zoning Commission meeting held on July 18, 2013, three residents spoke in the public hearing. Their comments are summarized below: Brian Borg, 18 Jamie Court, located directly behind Hampton Inn and Suites. My wife, my three year old son and myself have quite a bit of experience pre, post and during construction of that area. I’m not here to stop progress; here to just maybe modify it in a way that is livable to those of us that back up to it. (1) Regarding the uses, are only the uses listed allowed? [Answer: Only the uses listed in the PD zoning document are allowed.] (2) The P&Z Commission got two things right with the Hampton Inn, one of them was the type of lighting you required; I would like to see that continue; the second was the retaining wall that was built was done great. It created a great transition. (3) The dumpster placement is not working. Too noisy. (4) The landscaping doesn’t provide enough screening. (5) Who decides what types of businesses can be put in there? I would like to see sports bar and restaurant drive-in removed from the Town Council Packet 71 of 230 August 5, 2013 list. Living in close proximity to any kind of a drive-in with a box that makes any kind of noise, I’m going to hear it outside. It’s not practical to think that I won’t. And from a sports bar perspective, I just have visions of a Hooters being put in my back yard; and that’s theoretically a permitted restaurant given the types of descriptions you have here. I don’t want to give instructions to my home by saying, “If you reach Hooters you’ve gone too far.” Richard Beaty, 18 Hillcrest Court. (1) A good neighbor is someone who provides safety, security and privacy. (2) You don’t want pollution. Not just water pollution, but air pollution; something that creates smoke that is going to inundate the neighborhood; a smell such as trash cans nearby because the prevailing wind is from the south so all those neighborhoods up in there will get the results of any kind of noise, which is also pollution, or a light pollution; all that comes in that direction. (3) We don’t want schlup; that’s the best way to describe it, because you know you don’t want to devalue the largest investment that we, as homeowners, are making in our lives, so you know we don’t want to have anything that is going to be really cruddy right up next to our home property. (4) There is a forty foot easement from the back of our fences to where the parking lots start. There are 100 to 200 year old oaks that in that area. I would hate to see a bulldozer just level the whole area. Is there some way to work with the builder to save some of those trees? Jill Dominey, Valley Wood Court. If the zoning were to change, a hotel would be allowed that would be directly behind my house and my next door neighbors. My house represents basically most of my savings and retirement, and I figure that a four story hotel would be devastating to my property value and I would ask that the zoning not be changed. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission heard this request on July 18, 2013 and recommended approval, with the following stipulations: Motion: Commissioner Sheridan 1) delete drive-thru restaurant as a permitted use; 2) Sports Bar must meet town definition of a restaurant that serves alcoholic beverages must have at least 60% food sales, 3) Add a requirement for a Line of Sight Study with the Site Plan; 4) remove ban on EIFS Second: Commissioner Allen Vote: Unanimous Pat Cooke, the Town of Trophy Club Certified Building Official offers the following comments: 1. A majority of EIFS problems have been in residential applications, but that does not exclude commercial applications. There have been many failures in commercial applications in the Metroplex. The problem is that EIFS does Town Council Packet 72 of 230 August 5, 2013 crack. It may be very small or almost imperceptible, but thise micro-cracks allow moisture. Usually this occurs around openings or other architectural transitions. This allows moisture and starts the deterioration, damage, discoloring, and or failures that may take place. This does not happen in all applications and the products are much better than in years past; but, in my opinion there is presently still no comparison from EIFS to real 3 coat stucco in terms of long term quality. Stucco, being a masonry based product, will “breath” to allow the transfer of moisture. 2. Elevating the installation point of the EIFS is an effort to avoid the ground level physical damage of which the product is very prone. It does not do away with the problem, but elevates it so that it is harder to detect. 3. In my opinion as a Certified Building Official, stucco is superior to EIFS products in regard to flexibility. Even properly installed EIFS is more prone to cracking than stucco. Stone, for instance, has no flexibility, but is a superior product to EIFS and stucco. The key is in the installation. 4. The energy code can be satisfied with EIFS or Stucco. SUMMARY: The permitted uses in the Planned Development appear to be appropriate for this property as they would provide services to current and future residents of Trophy Club. This property is located on State Highway 114 and adjacent to commercial zoning to both the east and west. The site has adequate space to provide buffering to the northern residential properties. The Comprehensive Land Use Plan (1997) calls for commercial/professional development for this property and this site is compatible with commercial zoning and the Comprehensive Land Use Plan. Staff does not believe this proposed development would adversely affect health, safety, or general welfare of the Town of Trophy Club residents and, therefore, recommends approval of this zoning change request. ch Attachments: Ordinance 2013-18 P&Z PD-34 Development Standards Application Public Hearing Notice Property Owner Notification List of Property Owners Resident Email - Opposed Town Council Packet 73 of 230 August 5, 2013 Page 1 of 5 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-18 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2000-06 P&Z OF THE TOWN, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY CHANGING THE ZONING ON A CERTAIN TRACT OF LAND DESCRIBED AS AN 8.286 ACRE TRACT OF LAND LOCATED GENERALLY TO THE NORTH OF STATE HIGHWAY 114, WEST OF TROPHY WOOD DRIVE, SOUTH OF VALLEY WOOD CT. AND HILLCREST COURT SOUTH, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN, FROM ITS CURRENT ZONING OF “CG”, COMMERCIAL GENERAL, TO PD PLANNED DEVELOPMENT NO. 34, TROPHY WOOD COMMERCIAL CENTER; PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN ACCORDANCE WITH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD PLANNED DEVELOPMENT NO. 34 ZONING DISTRICT FOR THE SUBJECT PROPERTY; PROVIDING A CONCEPT PLAN; PROVIDING DEVELOPMENT STANDARDS; PROVIDING A CUMULATIVE CLAUSE; PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the “Town”), is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code, to regulate the subdivision of land and property development within the Town; WHEREAS, the owner of the tract of land (the “Land”), collectively described as an 8.286 acre tract of land currently zoned “CG” Commercial General, such Land being more specifically described in Exhibit “A” attached hereto and incorporated herein, filed an application with the Town Planning and Zoning Commission requesting a change in zoning of the Land into PD Planned Development No. 34. Such application further requested an amendment to the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06 P&Z of the Town (the “Comprehensive Zoning Ordinance”); and Town Council Packet 74 of 230 August 5, 2013 Page 2 of 5 WHEREAS, all legal notices, requirements and conditions having been complied with, the case to rezone the Land came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at those public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to Comprehensive Zoning Ordinance No. 2000-06 P&Z as set forth in this Ordinance; and WHEREAS, after complying with all legal notices, requirements, and conditions, a public hearing was held before Town Council at which the Town Council considered, among other things, the character of the land and its suitability for particular uses, with a view of encouraging the most appropriate use of land in the Town, and does hereby find that the rezoning approved hereby accomplishes such objectives; and WHEREAS, the Town Council has determined that there is a necessity and need for the change in zoning and that the proposed change is consistent with the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. FINDINGS After due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance is in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and welfare. SECTION 3. REZONING Ordinance No. 2000-06 P&Z of the Town of Trophy Club, Texas, the same being the Town's Comprehensive Zoning Ordinance, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words are not amended but are hereby ratified and affirmed: Town Council Packet 75 of 230 August 5, 2013 Page 3 of 5 A. The zoning on the Land, more particularly described in Exhibit “A”, attached hereto and incorporated herein, is hereby changed from “CG” Commercial General to PD Planned Development District No. 34, consisting of approximately 8.286 acres of land, for use in accordance with the requirements of this Ordinance and all other applicable ordinances, rules, and regulations of the Town. Requirements of this Ordinance are more specifically described and set forth in Exhibits “B” and “C”, which are attached hereto and incorporated herein for all purposes. In the event of any ambiguities or conflicts between the written word in the Development Standards and the illustrations provided in the Exhibits to this Ordinance, the Exhibits shall control. 1. Concept Plan. A concept plan for the Land, and all parts thereof, is attached hereto as Exhibit “B”, “Concept Plan” and incorporated herein as if copied in its entirety. Such Concept Plan shall be adhered to in carrying out the development of the Land in accordance with this Ordinance, and compliance with each and every part of such plan shall constitute a condition precedent to the issuance of any building permit for the Land in this PD Planned Development District. 2. Development Standards. The development standards for this PD Planned Development are attached hereto as Exhibit “C”, “Development Standards”, and are incorporated herein as if copied in their entirety. Such standards and regulations include, but are not limited to, a general purpose; size of lots; uses generally, permitted uses; limitation of uses; area, building and site regulations; North property line; parking and loading requirements; special paving; landscaping requirements; hours of operation; building materials and colors; lighting; screening & fencing; signage; fire lanes; outdoor storage; and mechanical and electrical equipment. Such Development Standards shall be adhered to in carrying out the development of the land in accordance with this Ordinance, and shall individually and collectively constitute conditions precedent to the granting of any Certificate of Occupancy for all structures within PD Planned Development No. 34. SECTION 4. APPLICABLE REGULATIONS In all respects, the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town; provided however, that in the event of a conflict between the regulations in this Ordinance and the regulations in another applicable ordinance or regulation of the Town, the regulations in this Ordinance shall control. Town Council Packet 76 of 230 August 5, 2013 Page 4 of 5 SECTION 5. ZONING MAP The Community Development Director is hereby directed to mark and indicate on the official Zoning District Map of the Town the zoning change herein made. SECTION 6. CUMULATIVE That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. SECTION 7. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting regulations governing and regulating the zoning, platting, and subdivision of land which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 8. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 9. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Town Council Packet 77 of 230 August 5, 2013 Page 5 of 5 SECTION 10. 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 11. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with state law and the Town’s Home Rule Charter. SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 5th day of August, 2013. . Connie White, Mayor Town of Trophy Club, Texas ATTEST: Amy Piukana Town Secretary APPROVED AS TO FORM: Patricia A. Adams Town Attorney Town Council Packet 78 of 230 August 5, 2013 PLANNED DEVELOPMENT No. 34 TROPHY WOOD COMMERCIAL CENTER TROPHY CLUB, TEXAS Contents Exhibit “A”……………..………………………………………………Legal Description Exhibit “B”………………………………………………………………….Concept Plan Exhibit “C”……………………………………………………..Development Standards Town Council Packet 79 of 230 August 5, 2013 PLANNED DEVELOPMENT No. 34 TROPHY WOOD COMMERCIAL CENTER TROPHY CLUB, TEXAS Exhibit “A” Legal Description Town Council Packet 80 of 230 August 5, 2013 EXHIBIT “A” LEGAL DESCRIPTION BEING a tract of land situated in the Joseph Henry Survey, Abstract No. 528, Town of Trophy Club, Tarrant County, Texas and being all of that tract of land described in instrument to Maguire Partners-Solana Land, L.P. as recorded under Instrument No. 2005-130471, Denton Country, Texas, said tract of land being more particularly described as follows; BEGINNNIG at a 5/8 inch iron rod set with plastic cap stamped “Huitt-Zollars at the Southeast corner of Lot 1, Block 1, of Trophy Club Medical Plaza, an addition to the City of Southlake as recorded in Cabinet V, Page 822, Plat Records Denton County, Texas, and being on the North right-of-way line of State Highway No. 114 (a variable width right- of-way); THENCE North 18 degrees 45 minutes 00 seconds East, along the East line of said Trophy Club Medical Plaza, a distance of 403.73 feet to a 5/8 inch iron rod found with plastic cap stamped “Huitt-Zollars” at the Northeast corner of said Trophy Club Medical Plaza and being on the South line of Trophy Club Section Nine, an addition to the Town of Trophy Club, as recorded in Volume 16, Page 17, Plat Records, Denton County, Texas. THENCE South 70 degrees 56 minutes 00 seconds East, along the South line of Trophy Club Section Nine, a distance of 455.84 feet to a point for corner from which a 5/8 inch iron rod found bears South 72 degrees 44 minutes East, a distance of 0.30 feet; THENCE South 75 degrees 13 minutes 24 seconds East, along the South line of Trophy Club Section Nine, a distance of 416.50 feet to a 5/8 inch rod found; THENCE South 40 degrees 17 minutes 50 seconds East a distance of 59.68 feet to a 5/8 inch Iron rod found with Carter & Burgess cap at the beginning of a non-tangent curve to the left with a central angle of 46 degrees 00 minutes 11 seconds, a radius of 586.27 feet and being subtended by a chord which bears South 26 degrees 41 minutes 08 seconds West, a distance of 458.18 feet; THENCE along said curve to the left an arc length of 470.72 feet to a 5/8 inch iron rod found with plastic cap stamped “Huitt-Zollars” on the aforementioned north right-of-way line of State Highway 114 at the beginning of a non-tangent curve to the left with a central angle of 13 degrees 12 minutes 37 seconds, a radius of 1,959.86 feet and being subtended by a chord which bears North 64 degrees 28 minutes 30 seconds West, a distance of 450.87 feet; THENCE along said curve to the left and along the north right-of-way line of State Highway 114, an arc length of 451.87 feet to a TxDOT aluminum monument in concrete found; THENCE North 71 degrees 04 minutes 48 seconds West, along the north right-of-way line of State Highway 114, a distance of 411.54 feet to the POINT OF BEGINNING and containing 8.286 acres of land, more or less. Town Council Packet 81 of 230 August 5, 2013 PLANNED DEVELOPMENT No. 34 TROPHY WOOD COMMERCIAL CENTER TROPHY CLUB, TEXAS Exhibit “B” Concept Plan Town Council Packet 82 of 230 August 5, 2013 PLANNED DEVELOPMENT No. 34 TROPHY WOOD COMMERCIAL CENTER TROPHY CLUB, TEXAS Exhibit “C” Development Standards Town Council Packet 83 of 230 August 5, 2013 PLANNED DEVELOPMENT No. 34 TROPHY WOOD COMMERCIAL CENTER TROPHY CLUB, TEXAS The development of the Land described in Exhibit “A” – Legal Description, a copy of which is attached hereto and incorporated herein, consisting of approximately 8.286 acres of land shall be in accordance with Exhibit “B” – Concept Plan of the development, a copy of which is attached hereto and incorporated herein, all other Exhibits attached to or incorporated herein, the Comprehensive Zoning Ordinance, all other applicable ordinances and regulations of the Town of Trophy Club, and the following Development Standards, conditions and requirements. If any regulation is silent in this document, the zoning ordinance shall rule. A. Purpose: The Planned Development is designed to accommodate a variety of retail and commercial uses. For developments purposes, the Land is divided into four lots, as shown in Exhibit “B”, and the use and development of each of the tracts shall be in accordance with the following: 1. Lots 1 thru 4 (as depicted in Exhibit “B”): The following standards shall apply to Lots 1 thru 4: a. Size of Lots: Lot 1 shall contain approximately 2.87 acres of land Lot 2 shall contain approximately 1.50 acres of land Lot 3 shall contain approximately 1.75 acres of land Lot 4 shall contain approximately 2.15 acres of land b. Uses Generally: In the development and use of Lots 1 thru 4, no land shall be used and no building or structure shall be installed, erected, or converted to any use other than the following: c. Permitted Uses: (1) Lot 1 shall allow a Hotel and shall be only from the following brands: Hilton, Marriott, Starwood, or Hyatt. The Hotel Use shall (at a minimum) have the following services: • 24 Hour Front Desk • Daily Housekeeping • Sit down Lobby area • Breakfast served in the morning 7 days a week • Swimming Pool • Fitness Center • Business Center Town Council Packet 84 of 230 August 5, 2013 (2) Lot 2 shall allow a Restaurant or a Restaurant with Alcoholic Beverage Sales. (3) Lots 3 and 4 shall allow all uses indicated below. Use List Art Supply Store Arts, Crafts, Hobby Shops Audio, Video, Stereo sales (no arcade games or adult rentals) Bakery Shop Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras / Film Processing Store Car Accessories Sales Cards and Gifts Sales Children’s Wear Shop China and Glassware Sales Computer / Software Sales and Service Confectionary Shop Cosmetic / Beauty Supply Shop Curtain and Drapes Shop Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick Up and Drop Off Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shop Florist Formal Wear / Rental Store Furniture Sales Grocery Stores Hardware Store Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Juice Store Kitchen Store Lamp Sales Luggage and Leather Sales Mailing and Packaging Store Men’s Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Party Supplies Store Picture Framing Store Restaurant Restaurant, Drive-In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar* Stationery-School Supplies Store Tailor Shop Telephone Store Toys Store Wallpaper, Paint Store Wearing Apparel Store Women’s Ready-To-Wear/Women’s Specialty Shop *Shall meet the Town’s definition of “Restaurant with Alcoholic Beverage Sales”: A restaurant or eating establishment where alcoholic beverages are sold whose gross sales in Trophy Club from food on an annual basis at the location represent at least sixty percent of total sales. Town Council Packet 85 of 230 August 5, 2013 d. Limitation of Uses: Any use not expressly permitted herein or allowed by permit in the designated zoning district is prohibited. e. Area Building and Site Regulations: (1) Maximum Building Coverage: The combined area of all main and accessory buildings shall not exceed sixty percent (60%) of the total site area. (2) Maximum Impervious Area: The combined area occupied by all buildings, structures, off-street parking and paved areas shall not exceed eighty percent (80%) of the total site area. (3) Minimum Open Space: All areas (but in any event at least twenty percent (20%) of the total site area) not devoted to buildings, walkways, structures or off-street parking area shall be devoted to grass, trees, gardens, shrubs, or other suitable landscape material. (4) Depth of Front Yard: There shall be a front yard having a depth of not less than thirty feet (30’). (5) Depth of Rear Yard: There shall be a rear yard having a depth of not less than then forty feet (40’) adjacent to residentially zoned land. (6) Width of Side Yard on each Side: A minimum of fifteen (15’) side yard shall be required. (7) Height: Building and/or structure heights shall be measured from the adjacent finished sidewalk elevation. Lot 1: For a hotel use, the maximum height shall not exceed sixty-five feet (65’) or four (4) stories in height. Lots 2-4: No building or structure shall exceed forty feet (40’) in height or two (2) stories maximum. Any structure located within one hundred feet (100’) of adjacent residential property shall not exceed twenty-eight feet (28’) or one (1) story. f. North Property Line: A forty foot (40’) landscape buffer shall be provided along the north property line of this development to provide buffering from the existing adjacent residential. The 40-ft. buffer area shall contain only fencing (in accordance with Chapter 13, Section 7.01, “Fencing, Retaining Walls, and Screening”, as amended), berms, Town Council Packet 86 of 230 August 5, 2013 trees and landscaping to provide visual and acoustical privacy and to adequately buffer adjoining uses. Landscaping adjacent to residentially zoned land shall contain evergreen shade trees to provide screening year-round. g. Parking & Loading Regulations: a. The minimum number of off-street parking spaces shall comply with Section 7.04, Article, Chapter 13, “Off-Street Parking Regulations” of the Comprehensive Zoning Ordinance, as amended. b. Shared parking may be allowed if, and only if, it can be established, to the satisfaction of the Planning and Zoning Commission and Town Council during Site Plan approval, that the parking spaces are sufficient for each particular use based on type of use, and where heavy parking usage may escalate at differing time periods for each particular use. Written permission and stated written cooperation of each property owner within the PD shall be required to request acceptance of shared parking. c. Hotel uses shall provide a minimum of one (1) parking space for each room (shared parking shall not be allowed for this requirement). Other uses within the hotel shall provide parking in compliance with “off-street parking regulations” of the Comprehensive Zoning Ordinance. Handicapped parking, including van accessible spaces, shall be provided according to Town and ADA requirements. d. Off-street loading shall be in accordance with Section 7.05, “Off- Street Loading Requirements,” of the Comprehensive Zoning Ordinance, as amended. h. Special Paving: Patterned and colored concrete, meeting Town of Trophy Club construction standards shall be constructed at the driveway entrances along State Highway 114. B. Additional Development Standards: 1. Landscaping: Landscaping shall be provided as required by applicable ordinances, including but not limited to the Comprehensive Zoning Ordinances, Section 7.03, Article VII, Chapter 13, Landscaping Regulations, as amended, and Chapter 12, Subdivision Rules and Regulations “Tree Preservation and Removal”, as amended, except as specifically provided below: Town Council Packet 87 of 230 August 5, 2013 a. A minimum of 15’ landscape strip shall be provided along Highway 114 frontage road. b. All landscaping areas shall be irrigated. c. Landscaping shall be maintained by the developer/owner of the land. Any dead landscaping material shall be removed and replaced within thirty (30) days. d. All plant materials must be selected from the mandatory plant list which shall be in accordance with the Approved Tree Planting List, as outlined in Article VIII, “Tree Preservation and Removal” of the Subdivision Regulations, as amended. A Landscape Plan and Plant List shall be submitted with the Final Site Plan for Planning and Zoning Commission recommendation and Town Council approval. e. The caliper of a tree is defined as the diameter of the tree trunk as measured at the point twelve inches (12”) above the finished grade in accordance with standard nursery practice. f. Detailed Landscape Plans, sealed by a registered landscape architect shall be provided on each lot at the time of the Final Site Plan submittal, which shall require Town Council approval upon recommendation by the Planning & Zoning Commission. g. Landscape Accent Lighting shall be low wattage – not to exceed 100 watts. 2. Hours of Operation of Uses: a. Hours of operation for the restaurant and sports bar uses set forth herein shall be from 6:00 a.m. to 12:00 a.m. (midnight). b. A Conditional Use Permit (CUP) shall be required for a restaurant or sports bar to stay open later than 12:00 a.m., but no later than 2:00 a.m. provided a CUP has been obtained pursuant to Chapter 13, Zoning, Article VI, Conditional & Specific Uses, Section 6.01 Conditional Use Permits, as amended. c. Hotel uses shall operate twenty-four (24) hours per day. Normal business hours for retail uses shall be 6:00 a.m. to 11:00 p.m. d. Delivery hours shall be limited to 8 a.m. to 6 p.m. Town Council Packet 88 of 230 August 5, 2013 e. Outside sales may be allowed a maximum of one (1) time per calendar year provided that such outside sales are conducted as part of a Special Event for which the Town has issued a permit pursuant to Chapter 10, Public Safety, Article XV, Special Events, as amended. 3. Building Materials and Colors: The exterior walls of all main and accessory buildings shall be constructed of one hundred percent (100%) natural or manufactured stone, brick, stucco, or split face block. EIFS is not allowed. The exterior wall masonry requirement shall exclude doors, windows and porches. The scheme for the entire PD shall have Earth- tone colors. Specific colors shall be approved at Site Plan approval for each lot. 4. Lighting: All parking lot lighting shall be located as shown on the Final Site Plan. Lighting fixtures shall be a maximum total height of twenty-five feet (25’) on structurally designed concrete bases. Total height of lighting fixtures shall be measured from the adjacent ground. All lighting shall be fully shielded, with directional lighting away from residential property lines. Building lighting shall be mounted to the building face or in ground fixtures and shall be oriented as to wash the building with light. Building attached lighting adjacent to residential shall not be flood lights. Wall mounted down directional lights shall be on the rear of buildings and perimeter light will be shielded to minimize overspill. Perimeter lighting shall be designed to reflect away from adjacent residential areas. Foot- candle limitations at residential property lines and right-of-way lines shall not exceed 0 foot candle. Foot-candles on a site shall average 2.5 foot- candle and not exceed 8.0 foot-candle. A photometric plan shall be included with the Final Site Plan. 5. Screening & Fencing: a. Where a non-residential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be solidly fenced to a height of eight feet (8’), pursuant to Chapter 13, of the Zoning Ordinance, Article VII, Development and Design Standards; Section 7.01 Fencing, Retaining Walls and Screening; K. Non-living Screening, as amended. b. Fencing adjacent to residentially zoned land shall be of masonry construction and shall be eight feet (8’) in height. Commercial property owner shall be required to coordinate with existing residential property owners to remove existing fencing for replacement with the new fence, and provide, with platting of the commercial property, a 5-ft. wall easement for maintenance of the screening wall, which shall be owned and maintained by the Town Council Packet 89 of 230 August 5, 2013 commercial property owners. Parallel fencing may be allowed but only with review of an applicable fence permit that meets all other Town fencing ordinance requirements. c. For Lot 1 development, installation of the new wall shall begin from the Northwest property corner of Lot 1 and extend to the Northeast property corner of the Lot to be developed. Furthermore for Lot 1 development, the wall shall extend beyond the proposed northeast corner of the Lot 1 property, to end at the southeast corner of the adjacent residential property to the rear of Lot 1. This amounts to extending the wall approximately 15’ beyond the northeast corner of Lot 1, per the attached Concept Plan. d. At the time of their development, subsequent Lot developments are required to install the same wall material and height as installed on Lot 1. Extent of wall for each subsequent lot shall be determined during the individual site plan review. e. Maintenance of the fence will be the responsibility of the commercial property owners via a 5’ wide easement to be provided at the time of platting. 6. Signage: Prior to the issuance of a building permit for the Land or any part thereof, an overall sign plan, accompanying the Final Site Plan for the Land must be approved by the Town Council upon recommendation from the Planning & Zoning Commission. As and after the site develops, additions or revisions to the sign of the site shall conform to the Town’s sign ordinance with appropriate staff review and appropriate permit issuance. 7. Fire Lanes: Fire lanes shall be shown on the Final Site Plan and fire protection relative to circulation throughout the entire site shall be addressed and each individual lot owner shall adhere to the fire protection circulation plan approved with the Final Site Plan. Any changes to the fire lanes shall require a revised Site Plan with approval by the Town Council upon recommendation from the Planning and Zoning Commission. 8. Final Site Plan: The Final Site Plan shall require approval by the Town Council upon recommendation by the Planning & Zoning Commission in the form of an ordinance duly adopted by the Town Council, upon recommendation from the Planning & Zoning Commission. Upon approval, the Final Site Plan shall become an amendment to this Ordinance. In the event of any conflicts between this ordinance and Town Council Packet 90 of 230 August 5, 2013 such approved Final Site Plan, the Ordinance adopting the Approved Final Site Plan shall control. 9. Outdoor Storage: No outdoor storage, except for refuse disposal, shall be permitted on the land. Dumpster location shall be shown on the Final Site Plan and shall be subject to approval through the Site Plan review and approval process. Dumpsters shall be enclosed on three (3) sides with masonry that is of a similar architectural style as the main building. A gate shall be required on the fourth side. Minimum height of the enclosures shall be determined by the height of the dumpster. When possible, landscaping shall provide additional screening for the enclosure. Operating hours for trash service shall be in accordance with the Town of Trophy Club regulations. 10. Mechanical & Electrical Equipment: Mechanical and electrical equipment including air conditioning units, shall be designed, installed, and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view. Equipment screening shall not be considered as a part of building height. 11. Amendments to the Site Plan: Amendments to the Site Plan for items that are not determined to be substantial by the Town Manager or his/her designee shall be permitted. The Town Manager or his/her designee may, according to his/her discretion, defer any such consideration to the Planning and Zoning Commission and Town Council for action. Substantive would be defined as any change or revision that does not alter the intensity, impede on-site traffic circulation, decrease an established regulation, or increase visibility to residential property, and maintains the original purpose and design of the PD, development plan, and site plan. 12. Notwithstanding any contrary provision in the Ordinance or any exhibits hereto, the final approvals listed below shall be obtained from the Town prior to the issuance of any building permits. Such approval shall require a recommendation from the Planning and Zoning Commission and approval of the Town Council: a. Final Site Plan b. Landscape Plan and Plant List c. Building Elevations d. Sight Line Study e. Photometric Plan & Light Fixtures Illustrations f. Sign Criteria g. Retaining Wall and Fence Criteria Town Council Packet 91 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 9 2 o f 2 3 0 A u g u s t 5 , 2 0 1 3 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: June 27, 2013 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ July 3, 2013 SUBJECT: Rezoning Request – Homewood Suites NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB 100 Municipal Drive, Trophy Club, Texas 76262 PLANNING & ZONING COMMISSION Thursday, July 18, 2013 – 7:00 p.m. TOWN COUNCIL Monday, August 5, 2013 – 7:00 p.m. A Public Hearing will be held by the Town of Trophy Club to consider a request for a zoning change for 8.286 acres of vacant land located along State Highway 114 just east of 2850 State Highway 114. The vacant 8.286 acres are currently zoned “CG” Commercial General which allows retail uses. The zoning change is to request a “PD” Planned Development to allow a hotel, restaurants and retail uses, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the Official Zoning Map of the Town by changing the zoning, providing that such tract of land shall be used in accordance with the requirements of the Comprehensive Zoning Ordinance and all other applicable ordinances of the Town. The Planning and Zoning Commission will hear this request on Thursday, July 18, 2013, and the Town Council will hear this request on Monday, August 5, 2013. Both hearings will take place in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m. Town Council Packet 93 of 230 August 5, 2013 Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc NOTICE OF PUBLIC HEARING Planning & Zoning Commission - Thursday, July 18, 2013 Town Council - Monday, August 5, 2013 TIME OF PUBLIC HEARING: 7:00 p.m. PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building -- Boardroom 100 Municipal Drive Trophy Club, Texas 76262 Zoning Change Request A public hearing will be held to consider a request for a zoning change for 8.286 acres of vacant land located along State Highway 114. The property is currently zoned “CG” Commercial General which allows retail uses. The developer is requesting a zoning change from “CG” Commercial General to “PD” a Planned Development to allow a hotel, restaurants, and retail uses. Attached is a concept plan of how the developer plans to develop the property. A four (4) story hotel will be built on the west side of the site, with three other pad sites for restaurant/retail uses. The suggested retail uses to be allowed on this site are: Art Supply Store Arts, Crafts, Hobby Shops Audio, Video, Stereo sales (no arcade games or adult rentals) Bakery Shop Barber, Beauty, Styling Shops Bath Shop Bicycle Shop Book Stores Cameras / Film Processing Store Car Accessories Sales Cards and Gifts Sales Children’s Wear Shop China and Glassware Sales Computer / Software Sales and Service Confectionary Shop Cosmetic / Beauty Supply Shop Curtain and Drapes Shop Dairy Food Shop Town Council Packet 94 of 230 August 5, 2013 Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc Drug Store, Apothecary, Pharmacy Dry Cleaner, Pick Up and Drop Off Electrical Goods and Fixtures Fabric and Knitting Shop Floor Coverings Shops Florist Food Service Formal Wear / Rental Store Furniture Sales Grocery Stores Hardware Store Health, Athletic Shops Household Appliance Store Household Furnishings, Fixtures Ice Cream Shop Jewelry, Watch Store Juice Store Kitchen Store Lamp Sales Luggage and Leather Sales Mailing and Packaging/Post Office Men’s Wear Shop Music Store Nail Salon Newspaper/Magazine Sales Office Supplies Store Party Supplies Store Picture Framing Store Restaurant Restaurant, Drive-In Restaurant, with Alcoholic Beverage Sales Shoe Repair Shop Shoe Store Sporting Goods Store Sports Bar Stationery-School Supplies Store Tailor Shop Telephone Store Toys Store Wallpaper, Paint Store Wearing Apparel Store Women’s Ready-To-Wear/Women’s Specialty Shop This request will be heard by the Planning and Zoning Commission on Thursday, July 18, 2013, at 7 p.m. in the Svore Boardroom located at Town Hall, 100 Municipal Drive. This request will also be heard by the Town Council on Monday, August 5, 2013. Town Council Packet 95 of 230 August 5, 2013 Q:\P&Z\PD-XX HOMEWOOD SUITES\Property Owner Notification - Text.doc All Property owners within 200-ft. of this tract of land receive written notification of this request. All interested property owners are encouraged to attend the hearings. Persons wishing their opinion to be part of the record, but are unable to attend may send a written reply prior to the date of the hearing to: Town of Trophy Club Telephone: 682-831-4681 Attn: Carolyn Huggins Community Development 100 Municipal Drive Trophy Club, TX 76262 email: chuggins@ci.trophyclub.tx.us Town Council Packet 96 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 9 7 o f 2 3 0 A u g u s t 5 , 2 0 1 3 To w n Co u n c i l Pa c k e t 98 of 23 0 Au g u s t 5, 20 1 3 LIST OF PROPERTY OWNERS NOTIFIED OF ZONING CHANGE FOR PD-34 TROPHY WOOD COMMERCIAL CENTER Jeffrey B Martin 1 Jamie Ct Trophy Club, TX 76262 Omar Abuabara 2 Jamie Ct Trophy Club, TX 76262 Timothy and Deborah McCune 3 Jamie Ct Trophy Club, TX 76262 Jerry Baker 4 Jamie Ct Trophy Club, TX 76262 Randy Rutledge 5 Jamie Ct Trophy Club, TX 76262 William and Debra Germany 6 Jamie Ct Trophy Club, TX 76262 James Forrester, Jr 7 Jamie Ct Trophy Club, TX 76262 Alfred and Glynda Maddox 8 Jamie Ct Trophy Club, TX 76262 Shawn Perkins Trust 9 Jamie Ct Trophy Club, TX 76262 Raul and Veronica Rios 10 Jamie Ct Trophy Club, TX 76262 Glenn and Jennifer Horowitz 11 Jamie Ct Trophy Club, TX 76262 Darren Rickey 12 Jamie Ct Trophy Club, TX 76262 Carey and Marie Smith 13 Jamie Ct Trophy Club, TX 76262 Re: 14 Jamie Ct Darren Lovell 620 N Coppell Rd Apt 707 Coppell, TX 75019-2046 Matthew and Laura Fenton 15 Jamie Ct Trophy Club, TX 76262 George and Sandra Clements 16 Jamie Ct Trophy Club, TX 76262 Harwood and Valery Miller 17 Jamie Ct Trophy Club, TX 76262 Brian and Emily Borg 18 Jamie Ct Trophy Club, TX 76262 Billie Coston 19 Jamie Ct Trophy Club, TX 76262 Re: 11 Hillcrest Ct S Tina J Kirby 3208 Clubview Dr Argyle, TX 76226-2110 Keith and Bridgette Bailey 12 Hillcrest Ct S Trophy Club, TX 76262 Sylvia I Rose 13 Hillcrest Ct S Trophy Club, TX 76262 John and Kim Hunter 14 Hillcrest Ct S Trophy Club, TX 76262 Mark Leblanc 15 Hillcrest Ct S Trophy Club, TX 76262 Eugene F Thie 16 Hillcrest Ct S Trophy Club, TX 76262 Michael J Studer 17 Hillcrest Ct S Trophy Club, TX 76262 Richard E Beaty, Jr 18 Hillcrest Ct S Trophy Club, TX 76262 Betty Sue Parker 19 Hillcrest Ct S Trophy Club, TX 76262 Donna Ramirez 20 Hillcrest Ct S Trophy Club, TX 76262 Peggy Gilliland 21 Hillcrest Ct S Trophy Club, TX 76262 Town Council Packet 99 of 230 August 5, 2013 Steve and Mindy Connelly 22 Hillcrest Ct S Trophy Club, TX 76262 Terry G Thomas 23 Hillcrest Ct S Trophy Club, TX 76262 Joseph A Jessup 24 Hillcrest Ct S Trophy Club, TX 76262 Scott and Darby Ahlfinger 25 Hillcrest Ct S Trophy Club, TX 76262 Sujean Brunner 26 Hillcrest Ct S Trophy Club, TX 76262 Gary and Carrie Davis 1 Valley Wood Ct Trophy Club, TX 76262 Trudy and Kevin Potts 2 Valley Wood Ct Trophy Club, TX 76262 Re: 3 Valley Wood Ct Benjamin C Greer 1101 Melody Ln Roanoke, TX 76262-9336 Joe Small 4 Valley Wood Ct Trophy Club, TX 76262 Johnny and Anne Beck 5 Valley Wood Ct Trophy Club, TX 76262 Re: 6 Valley Wood Ct Don M Dominey 18 Ridgewood Dr Trophy Club, TX 76262 Steven D Joslin 7 Valley Wood Ct Trophy Club, TX 76262 Andrew and Jennifer Roeltgen 8 Valley Wood Ct Trophy Club, TX 76262 Jeffrey and Linda Weaver 9 Valley Wood Ct Trophy Club, TX 76262 James P Deaton 10 Valley Wood Ct Trophy Club, TX 76262 Current Owner 11 Valley Wood Ct Trophy Club, TX 76262 Carol Yeager 12 Heritage Ct S Trophy Club, TX 76262 Sandra Stiltner 13 Heritage Ct S Trophy Club, TX 76262 Kristopher Anderson 14 Heritage Ct S Trophy Club, TX 76262 Benjamin Gonzales 15 Heritage Ct S Trophy Club, TX 76262 Eva Wojnar 16 Heritage Ct S Trophy Club, TX 76262 Re: 17 Heritage Ct S Nancy Gonzales 15 Heritage Ct S Trophy Club, TX 76262 Re: 525 Plaza Dr Hydra Hotels LLC 433 Las Colinas Blvd E Ste 860 Irving, TX 75039-5581 Texas Department of Transportation Right of Way Division 4777 US Highway 80 E Mesquite, TX 75150-6642 Town Council Packet 100 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 1 0 1 o f 2 3 0 A u g u s t 5 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-424-T Name: Status:Type:Agenda Item Public Hearing File created:In control:7/12/2013 Town Council On agenda:Final action:8/5/2013 Title:Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family residential development. Applicant: Corwin Engineering, Inc., on behalf of TC Hospital, L.P. Aaron Ketchand on behalf of prospective buyer. Attachments:Application.pdf Public Hearing Notice.pdf Public Hearing Continuance Notice.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/18/2013 1 Public Hearing regarding a request for a zoning change from “PD” Planned Development No. 26 for a hospital use to "PD" Planned Development No. 33 (PD-33), Hillside Pointe, for single family residential development. Applicant: Corwin Engineering, Inc., on behalf of TC Hospital, L.P. Aaron Ketchand on behalf of prospective buyer. The applicant requests that the public hearing and consideration of this case be continued to August 19, 2013. On July 18, 2013, the Planning and Zoning Commission considered this request and made the following motions: Motion to Deny: Mark Sadley Second: Dennis Sheridan Ayes (to deny): Sadley, Sheridan, Forest Nays: Vowell, Senelly, Reed, Allen The motion to deny failed. The Commission then made a motion to approve the rezoning request and after further discussion the following vote was taken: Motion to Approve: Richard Senelly Second: Fred Allen Ayes (to approve): Vowell, Senelly, Allen Nays: Sadley, Sheridan, Forest, Reed The motion to approve failed. Aaron Ketchand, Taylor Duncan Development, LLC on behalf of the buyer of the property requests a continuance of the public hearing and discussion and consideration by the Council. The buyer would like to move forward with this project but prior to Council consideration would like an opportunity to meet with staff to consider revisions to the zoning change request as discussed by the Planning and Zoning Commission. On Mr. Ketchand's behalf, staff asks that the public hearing and consideration of this matter be continued to the next Council meeting. Staff notified all residents within 200-ft. of this project that the applicant is making a continuance request. Town Council Packet 102 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 1 0 3 o f 2 3 0 A u g u s t 5 , 2 0 1 3 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: June 27, 2013 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time/ July 3, 2013 SUBJECT: Rezoning Request – Hillside Pointe NOTICE OF PUBLIC HEARING TOWN OF TROPHY CLUB 100 Municipal Drive, Trophy Club, Texas 76262 PLANNING & ZONING COMMISSION Thursday, July 18, 2013 – 7:00 p.m. TOWN COUNCIL Monday, August 5, 2013 – 7:00 p.m. A Public Hearing will be held by the Town of Trophy Club to consider a request for a zoning change for 5.596 acres of vacant land located on Trophy Wood Drive just south of Hanna Ct. The vacant 5.596 acres are currently zoned “PD-26” (Planned Development No. 26) which allows a hospital use. The zoning change is to request a “PD” Planned Development to allow approximately 35 single family residential homes on minimum 3,600 sq. ft. lots, amending Ordinance No. 2000-06 P&Z of the Town, the same being the Comprehensive Zoning Ordinance, and amending the Official Zoning Map of the Town by changing the zoning, providing that such tract of land shall be used in accordance with the requirements of the Comprehensive Zoning Ordinance and all other applicable ordinances of the Town. The Planning and Zoning Commission will hear this request on Thursday, July 18, 2013, and the Town Council will hear this request on Monday, August 5, 2013. Both hearings will take place in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive at 7:00 p.m. Town Council Packet 104 of 230 August 5, 2013 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 Rezoning Request for Hillside Pointe, Planned Development No. 33 PUBLIC HEARING TO BE CONTINUED On July 18, 2013, the Planning and Zoning Commission heard a request to rezone 5.596 acres of land located on Trophy Wood Drive just south of Hanna Ct. The property is currently zoned for a hospital use and an interested buyer is requesting a rezoning to single family residential to build 35 homes on 3,600 sq. ft. lots. The Planning and Zoning Commission made a recommendation of approval, which did not pass. Three Commissioners voted for the motion to approve. Four Commissioners voted against the motion to approve. Therefore the motion failed and now the case is sent to the Town Council for consideration. The applicant has requested a continuance; therefore, on Monday, August 5, 2013 Council will be asked to table and continue this request to the Monday, August 19, 2013 Council agenda. Town Council Packet 105 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-469-T Name: Status:Type:Resolution Draft File created:In control:8/2/2013 Town Council On agenda:Final action:8/5/2013 Title:Discussion of Tax Rate A. Consider and take appropriate action regarding scheduling a public hearing to meet Truth in Taxation requirements and/or as required by the Charter. Attachments: Action ByDate Action ResultVer. Discussion of Tax Rate A. Consider and take appropriate action regarding scheduling a public hearing to meet Truth in Taxation requirements and/or as required by the Charter. Town Council Packet 106 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-459-T Name: Status:Type:Agenda Item Draft File created:In control:7/30/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town of Trophy Club Combination Tax and Revenue Certificates of Obligation, Series 2013 in the approximate aggregate principal amount of $3,000,000; awarding the sale of the certificates, levying a tax, and providing for the security for and payment of the certificates; authorizing the execution of an agreement for financial advisory services; approving the official statement, enacting other provisions; and providing an effective date. Attachments:Ord No. 2013-17.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance authorizing the issuance of Town of Trophy Club Combination Tax and Revenue Certificates of Obligation, Series 2013 in the approximate aggregate principal amount of $3,000,000; awarding the sale of the certificates, levying a tax, and providing for the security for and payment of the certificates; authorizing the execution of an agreement for financial advisory services; approving the official statement, enacting other provisions; and providing an effective date. Town Council Packet 107 of 230 August 5, 2013 #4335573.1 ORDINANCE NO. 2013-17 relating to $__________ TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION SERIES 2013 Adopted: August 5, 2013 Dated: August 1, 2013 Town Council Packet 108 of 230 August 5, 2013 (i) #4335573.1 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions................................................................................................................2 Section 1.02. Findings....................................................................................................................4 Section 1.03. Table of Contents, Titles, and Headings ..................................................................4 Section 1.04. Interpretation ............................................................................................................5 ARTICLE II SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND Section 2.01. Payment of the Certificates ......................................................................................5 Section 2.02. Interest and Sinking Fund ........................................................................................6 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE CERTIFICATES Section 3.01. Authorization ...........................................................................................................7 Section 3.02. Date, Denomination, Maturities, and Interest ..........................................................7 Section 3.03. Medium, Method, and Place of Payment .................................................................8 Section 3.04. Execution and Registration of Certificates ..............................................................9 Section 3.05. Ownership ..............................................................................................................10 Section 3.06. Registration, Transfer, and Exchange ....................................................................10 Section 3.07. Cancellation ...........................................................................................................11 Section 3.08. Temporary Certificates ..........................................................................................11 Section 3.09. Replacement Certificates .......................................................................................11 Section 3.10. Book-Entry-Only System.......................................................................................12 Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only System .....13 Section 3.12. Payments to Cede & Co .........................................................................................14 ARTICLE IV REDEMPTION OF CERTIFICATES BEFORE MATURITY Section 4.01. Limitation on Redemption .....................................................................................14 Section 4.02. Optional Redemption .............................................................................................14 Section 4.03. Partial Redemption.................................................................................................14 Section 4.04. Notice of Redemption to Owners ..........................................................................15 Section 4.05. Payment Upon Redemption ...................................................................................15 Section 4.06. Effect of Redemption .............................................................................................15 Town Council Packet 109 of 230 August 5, 2013 (ii) #4335573.1 Section 4.07. Conditional Notice of Redemption ........................................................................16 Section 4.08. Lapse of Payment ...................................................................................................16 ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar .....................................................16 Section 5.02. Qualifications .........................................................................................................16 Section 5.03. Maintaining Paying Agent/Registrar .....................................................................16 Section 5.04. Termination ............................................................................................................17 Section 5.05. Notice of Change to Owners ..................................................................................17 Section 5.06. Agreement to Perform Duties and Functions.........................................................17 Section 5.07. Delivery of Records to Successor ..........................................................................17 ARTICLE VI FORM OF THE CERTIFICATES Section 6.01. Form Generally ......................................................................................................17 Section 6.02. Form of the Certificates .........................................................................................18 Section 6.03. CUSIP Registration ................................................................................................23 Section 6.04. Legal Opinion ........................................................................................................24 Section 6.05. Statement Insurance ...............................................................................................24 ARTICLE VII SALE AND DELIVERY OF CERTIFICATES; DEPOSIT OF PROCEEDS; FLOW OF FUNDS Section 7.01. Sale of Certificates; Official Statement .................................................................24 Section 7.02. Control and Delivery of Certificates ......................................................................25 Section 7.03. Deposit of Proceeds ...............................................................................................25 ARTICLE VIII INVESTMENTS Section 8.01. Investments ............................................................................................................26 Section 8.02. Investment Income .................................................................................................26 ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Payment of the Certificates ....................................................................................26 Section 9.02. Other Representations and Covenants ...................................................................26 Section 9.03. Provisions Concerning Federal Income Tax Exclusion .........................................27 Town Council Packet 110 of 230 August 5, 2013 (iii) #4335573.1 Section 9.04. No Private Use or Payment and No Private Loan Financing.................................27 Section 9.05. No Federal Guaranty ..............................................................................................27 Section 9.06. Certificates are not Hedge Certificates ..................................................................28 Section 9.07. No-Arbitrage Covenant ..........................................................................................28 Section 9.08. Arbitrage Rebate ....................................................................................................28 Section 9.09. Information Reporting ...........................................................................................28 Section 9.10. Continuing Obligation ...........................................................................................29 ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default ...................................................................................................29 Section 10.02. Remedies for Default .............................................................................................29 Section 10.03. Remedies Not Exclusive ........................................................................................29 ARTICLE XI DISCHARGE Section 11.01. Discharge ...............................................................................................................30 ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual Reports ......................................................................................................30 Section 12.02. Material Event Notices ..........................................................................................31 Section 12.03. Limitations, Disclaimers and Amendments ...........................................................32 ARTICLE XIII 33 AMENDMENTS Section 13.01. Amendments ..........................................................................................................33 ARTICLE XIV MISCELLANEOUS Section 14.01. Changes to Ordinance ............................................................................................34 Section 14.02. Partial Invalidity.....................................................................................................34 Section 14.03. No Personal Liability .............................................................................................34 ARTICLE XV EFFECTIVENESS Town Council Packet 111 of 230 August 5, 2013 (iv) #4335573.1 Section 15.01. Effectiveness ..........................................................................................................34 EXHIBIT A - Description of Annual Disclosure of Financial Information Town Council Packet 112 of 230 August 5, 2013 #4335573.1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-17 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $__________ TOWN OF TROPHY CLUB, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013; LEVYING A TAX, AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID CERTIFICATES; AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR FINANCIAL ADVISORY SERVICES; APPROVING THE OFFICIAL STATEMENT; ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, under the provisions of the Texas Local Government Code, Chapter 271, Subchapter C, as amended, the Town of Trophy Club, Texas (the “Town”), is authorized to issue certificates of obligation for the purposes specified in this Ordinance and for the payment of all or a portion of the contractual obligations for professional services, including that of engineers, attorneys, and financial advisors in connection therewith, and to sell the same for cash as herein provided; and WHEREAS, the Town is authorized to provide that such obligations will be payable from and secured by the levy of a direct and continuing ad valorem tax against all taxable property within the Town, in combination with all or a part of certain revenues of the Town’s municipal drainage utility system (the “System”) remaining after payment of any obligations of the Town payable in whole or in part from a lien on or pledge of such revenues that would be superior to the obligations to be authorized herein as authorized by Chapter 1502, Texas Government Code; and WHEREAS, the City Council has found and determined that it is necessary and in the best interests of the Town and its citizens that it issue such certificates of obligation authorized by this Ordinance; and WHEREAS, pursuant to a resolution heretofore passed by this governing body, notice of intention (the “Notice of Intention”) to issue certificates of obligation of the Town payable as provided in this Ordinance was published in a newspaper of general circulation in the Town in accordance with the requirements of law, such certificates of obligation to be issued for the purpose of paying contractual obligations to be incurred for the purposes set forth in Section 3.01 hereof; and WHEREAS, the Notice of Intention stated that the City Council intended to pass an ordinance authorizing the issuance of the Certificates at its City Council meeting held on the date of adoption of this Ordinance; and Town Council Packet 113 of 230 August 5, 2013 - 2 - #4335573.1 WHEREAS, no petition of any kind has been filed with the City Secretary, any member of the City Council or any other official of the Town, protesting the issuance of such certificates of obligation; and WHEREAS, this City Council is now authorized and empowered to proceed with the issuance of said certificates of obligation and to sell the same for cash; and WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by law, and public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: ARTICLE I DEFINITIONS AND OTHER PRELIMINARY MATTERS Section 1.01. Definitions Unless otherwise expressly provided or unless the context clearly requires otherwise in this Ordinance, the following terms shall have the meanings specified below: “Business Day” means a day that is not a Saturday, Sunday, legal holiday or other day on which banking institutions in the city where the Designated Payment/Transfer Office is located are required or authorized by law or executive order to close. “Certificate” means any of the Certificates. “Certificate Date” means the date designated as the initial date of the Certificates by Section 3.02(a) of this Ordinance. “Certificates” means the certificates of obligation authorized to be issued by Section 3.01 of this Ordinance and designated as “Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2013. “Closing Date” means the date of the initial delivery of and payment for the Certificates. “Code” means the Internal Revenue Code of 1986, as amended, including applicable regulations, published rulings, and court decisions. “Designated Payment/Transfer Office” means (i) with respect to the initial Paying Agent/Registrar named herein, its office in Dallas, Texas, or at such other location designated by the Paying Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such successor designated and located as may be agreed upon by the Town and such successor. . Town Council Packet 114 of 230 August 5, 2013 - 3 - #4335573.1 “DTC” means The Depository Trust Company of New York, New York, or any successor securities depository. “DTC Participant” means brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants. “EMMA” means the Electronic Municipal Market Access System. “Event of Default” means any event of default as defined in Section 10.01 of this Ordinance. “Fiscal Year” means such fiscal year as shall from time to time be set by the City Council. “Initial Certificate” means the initial certificate authorized by Section 3.04(d) of this Ordinance. “Interest and Sinking Fund” means the interest and sinking fund established by Section 2.02 of this Ordinance. “Interest Payment Date” means the date or dates upon which interest on the Certificates is scheduled to be paid until their respective dates of maturity or prior redemption, such dates being March 1 and September 1 of each year commencing March 1, 2014. “MSRB” means the Municipal Securities Rulemaking Board. “Net Revenues” means the gross revenues of the System less the expenses of operation and maintenance as said expenses are defined by Chapter 1502, Texas Government Code, as amended. “Ordinance” means this Ordinance. “Owner” means the person who is the registered owner of a Certificate or Certificates, as shown in the Register. “Paying Agent/Registrar” means initially The Bank of New York Mellon Trust Company, National Association, Dallas, Texas, or any successor thereto as provided in this Ordinance. “Prior Lien Bonds” means any and all bonds or other obligations of the Town presently outstanding or that may be hereafter issued, payable from and secured by a first lien on and pledge of the Net Revenues or by a lien on and pledge of the Net Revenues subordinate to a first lien and pledge of such Net Revenues but superior to the lien and pledge of the Surplus Revenues made for the Certificates. “Purchase Contract” means the purchase contract between the Town and the Underwriter approved in Section 7.01(b). Town Council Packet 115 of 230 August 5, 2013 - 4 - #4335573.1 “Record Date” means the last Business Day of the month next preceding an Interest Payment Date. “Register” means the Register specified in Section 3.06(a) of this Ordinance. “Representations Letter” means the Blanket Letter of Representations between the Town and DTC. “Rule” means SEC Rule 15c2-12, as amended from time to time. “SEC” means the United States Securities and Exchange Commission. “SID” means any person designated by the State of Texas or an authorized department, officer or agency thereof, as and determined by the SEC or its staff to be a state information depository within the meaning of the Rule from time to time. “Special Payment Date” means the Special Payment Date prescribed by Section 3.03(b). “Special Record Date” means the Special Record Date prescribed by Section 3.03(b). “Surplus Revenues” means the revenues of the System remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with the Town’s Prior Lien Bonds; provided, however, that the amount of such Surplus Revenues pledged to the payment of the Certificates shall be limited to $1,000. “System” as used in this Ordinance means the Town’s municipal drainage utility system, including all present and future additions, extensions, replacements, and improvements thereto. “Town” means the Town of Trophy Club, Texas. “Unclaimed Payments” means money deposited with the Paying Agent/Registrar for the payment of principal of, redemption premium, if any, or interest on the Certificates as the same come due and payable or money set aside for the payment of Certificates duly called for redemption prior to maturity. Section 1.02. Findings The declarations, determinations, and findings declared, made, and found in the preamble to this Ordinance are hereby adopted, restated, and made a part of the operative provisions hereof. . Section 1.03. Table of Contents, Titles, and Headings The table of contents, titles, and headings of the Articles and Sections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never . Town Council Packet 116 of 230 August 5, 2013 - 5 - #4335573.1 be considered or given any effect in construing this Ordinance or any provision hereof or in ascertaining intent, if any question of intent should arise. Section 1.04. Interpretation (a) Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. . (b) This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. ARTICLE II SECURITY FOR THE CERTIFICATES; INTEREST AND SINKING FUND Section 2.01. Payment of the Certificates (a) Pursuant to the authority granted by the Texas Constitution and laws of the State of Texas, there shall be levied and there is hereby levied for the current year and for each succeeding year thereafter while any of the Certificates or any interest thereon is outstanding and unpaid, an ad valorem tax on each one hundred dollars valuation of taxable property within the Town, at a rate sufficient, within the limit prescribed by law, to pay the debt service requirements of the Certificates, being (i) the interest on the Certificates, and (ii) a sinking fund for their redemption at maturity or a sinking fund of two percent per annum (whichever amount is the greater), when due and payable, full allowance being made for delinquencies and costs of collection. . (b) The ad valorem tax thus levied shall be assessed and collected each year against all property appearing on the tax rolls of the Town most recently approved in accordance with law, and the money thus collected shall be deposited as collected to the Interest and Sinking Fund. (c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and committed irrevocably to the payment of the principal of and interest on the Certificates when and as due and payable in accordance with their terms and this Ordinance. (d) The amount of taxes to be provided annually for the payment of principal of and interest on the Certificates shall be determined and accomplished in the following manner: (i) The Town’s annual budget shall reflect (i) the amount of debt service requirements to become due on the Certificates in the next succeeding Fiscal Year of the Town and (ii) the amount on deposit in the Interest and Sinking Fund, as of the date such budget is prepared (after giving effect to any payments required to be made during the remainder of the then current Fiscal Year), and (iii) the amount of Surplus Revenues Town Council Packet 117 of 230 August 5, 2013 - 6 - #4335573.1 estimated and budgeted to be available for the payment of such debt service requirements on the Certificates during the next succeeding Fiscal Year. (ii) The amount required to be provided in the succeeding Fiscal Year of the Town from ad valorem taxes shall be the amount, if any, the debt service requirements to be paid on the Certificates in the next succeeding Fiscal Year of the Town exceeds the sum of (i) the amount shown to be on deposit in the Interest and Sinking Fund (after giving effect to any payments required to be made during the remainder of the then current Fiscal Year) at the time the annual budget is prepared, and (ii) the Surplus Revenues shown to be budgeted and available for payment of said debt service requirements. (iii) Following the final approval of the annual budget of the Town, the governing body of the Town shall, by ordinance, levy an ad valorem tax at a rate sufficient to produce taxes in the amount determined in paragraph (ii) above, to be utilized for purposes of paying the principal of and interest on the Certificates in the next succeeding Fiscal Year of the Town. (e) The Town hereby covenants and agrees that the Surplus Revenues are hereby irrevocably pledged equally and ratably to the payment of the principal of, redemption premium, if any, and interest on the Certificates, as the same become due. (f) If the liens and provisions of this Ordinance shall be released in a manner permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking Fund may be suspended or appropriately reduced, as the facts may permit. In determining the aggregate principal amount of outstanding Certificates, there shall be subtracted the amount of any Certificates that have been duly called for redemption and for which money has been deposited with the Paying Agent/Registrar for such redemption. Section 2.02. Interest and Sinking Fund (a) The Town hereby establishes a special fund or account to be designated the “Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2013, Interest and Sinking Fund” (the “Interest and Sinking Fund”) said fund to be maintained at an official depository bank of the Town separate and apart from all other funds and accounts of the Town. . (b) Money on deposit in or required by this Ordinance to be deposited to the Interest and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of the Certificates when and as due and payable in accordance with their terms and this Ordinance. Town Council Packet 118 of 230 August 5, 2013 - 7 - #4335573.1 ARTICLE III AUTHORIZATION; GENERAL TERMS AND PROVISIONS REGARDING THE CERTIFICATES Section 3.01. Authorization The Town’s certificates of obligation to be designated “Town of Trophy Club, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2013” (the “Certificates”), are hereby authorized to be issued and delivered in accordance with the Constitution and laws of the State of Texas, specifically Subchapter C, Chapter 271, Texas Local Government Code, as amended, and Chapter 351, Texas Tax Code, as amended. The Certificates shall be issued in the aggregate principal amount of $_________ for the following purposes, to wit: (i) (a) designing, developing, constructing, improving, extending, and expanding streets, thoroughfares, sidewalks, bridges, and other public ways of the Town, including streetscaping, streetlighting, right-of-way protection, utility relocation, and related storm drainage improvements; and acquiring rights-of- way in connection therewith, (b) designing, acquiring, improving, constructing, and renovating Town drainage and stormwater infrastructure and facilities, ((a) and (b) together, the “Project”) and (ii) to pay professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. . Section 3.02. Date, Denomination, Maturities, and Interest (a) The Certificates shall be dated August 1, 2013. The Certificates shall be in fully registered form, without coupons, in the denomination of $5,000 or any integral multiple thereof and shall be numbered separately from one upward, except the Initial Certificate, which shall be numbered T-1. . (b) The Certificates shall mature on March 1 in the years and in the principal amounts set forth in the following schedule: Years Principal Amount Interest Rate Years Principal Amount Interest Rate 2014 2024 2015 2025 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 (c) Interest shall accrue and be paid on each Certificate respectively until its maturity or prior redemption from the later of the Certificate Date or the most recent interest payment date Town Council Packet 119 of 230 August 5, 2013 - 8 - #4335573.1 to which interest has been paid or provided for at the rates per annum for each maturity specified in the schedule contained in subsection (b) above. Such interest shall be payable semiannually on March 1 and September 1 of each year commencing March 1, 2014, and shall be computed on the basis of a 360-day year of twelve 30-day months. Section 3.03. Medium, Method, and Place of Payment (a) The principal of, redemption premium, if any, and interest on the Certificates shall be paid in lawful money of the United States of America. . (b) Interest on the Certificates shall be payable to the Owners as shown in the Register at the close of business on the Record Date; provided, however, in the event of nonpayment of interest on a scheduled Interest Payment Date and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) shall be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which shall be 15 days after the Special Record Date) shall be sent at least five Business Days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each Owner of a Certificate appearing on the Register at the close of business on the last Business Day next preceding the date of mailing of such notice. (c) Interest shall be paid by check, dated as of and mailed on the Interest Payment Date, and sent by the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the address of each Owner as it appears in the Register, or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, that the Owner shall bear all risk and expense of such alternative banking arrangement. At the option of an Owner of at least $1,000,000 principal amount of the Certificates, interest may be paid by wire transfer to the bank account of such Owner on file with the Paying Agent/Registrar. (d) The principal of each Certificate shall be paid to the Owner thereof on the due date, whether at the maturity date or the date of prior redemption thereof upon presentation and surrender of such Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar. (e) If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the Designated Payment/Transfer Office of the paying Agent/Registrar is located are required or authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. Town Council Packet 120 of 230 August 5, 2013 - 9 - #4335573.1 (f) Unclaimed Payments shall be segregated in a special escrow account and held in trust, uninvested by the Paying Agent/Registrar, for the account of the Owners of the Certificates to which the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code, Unclaimed Payments remaining unclaimed by the Owners entitled thereto for three years after the applicable payment or redemption date shall be applied to the next payment or payments on the Certificates thereafter coming due and, to the extent any such money remains after the retirement of all outstanding Certificates, shall be paid to the Town to be used for any lawful purpose. Thereafter, neither the Town, the Paying Agent/Registrar, nor any other person shall be liable or responsible to any Owners of such Certificates for any further payment of such unclaimed moneys or on account of any such Certificates, subject to Title 6 of the Texas Property Code. Section 3.04. Execution and Registration of Certificates (a) The Certificates shall be executed on behalf of the Town by the Mayor and the City Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the Town had been manually impressed upon each of the Certificates. . (b) In the event that any officer of the Town whose manual or facsimile signature appears on the Certificates ceases to be such officer before the authentication of such Certificates or before the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient for all purposes as if such officer had remained in such office. (c) Except as provided below, no Certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit of this Ordinance unless and until there appears thereon the Certificate of Paying Agent/Registrar substantially in the form provided herein, duly authenticated by manual execution by an officer or duly authorized signatory of the Paying Agent/Registrar. It shall not be required that the same officer or authorized signatory of the Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Certificates. In lieu of the executed Certificate of Paying Agent/Registrar described above, the Initial Certificate delivered at the Closing Date shall have attached thereto the Comptroller’s Registration Certificate substantially in the form provided herein, manually executed by the Comptroller of Public Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be evidence that the Certificate has been duly approved by the Attorney General of the State of Texas, that it is a valid and binding obligation of the Town, and that it has been registered by the Comptroller of Public Accounts of the State of Texas. (d) On the Closing Date, one initial Certificate (the “Initial Certificate”) representing the entire principal amount of all Certificates, payable in stated installments to the initial purchaser, or its designee, executed by the Mayor and City Secretary of the Town, approved by the Attorney General, and registered and manually signed by the Comptroller of Public Accounts, will be delivered to the initial purchaser or its designee. Upon payment for the Initial Certificate, the Paying Agent/Registrar shall cancel the Initial Certificate and deliver to DTC on behalf of the initial purchaser one registered definitive Certificate for each year of maturity of the Town Council Packet 121 of 230 August 5, 2013 - 10 - #4335573.1 Certificates in the aggregate principal amount of all Certificates for such maturity, registered in the name of Cede & Co., as nominee of DTC. Section 3.05. Ownership (a) The Town, the Paying Agent/Registrar, and any other person may treat the person in whose name any Certificate is registered as the absolute owner of such Certificate for the purpose of making and receiving payment as herein provided (except interest shall be paid to the person in whose name such Certificate is registered on the Record Date or Special Record Date, as applicable), and for all other purposes, whether or not such Certificate is overdue, and neither the Town nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. . (b) All payments made to the Owner of a Certificate shall be valid and effectual and shall discharge the liability of the Town and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid. Section 3.06. Registration, Transfer, and Exchange (a) So long as any Certificates remain outstanding, the Town shall cause the Paying Agent/Registrar to keep at the Designated Payment/Transfer Office a register (the “Register”) in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Certificates in accordance with this Ordinance. . (b) The ownership of a Certificate may be transferred only upon the presentation and surrender of the Certificate at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar. No transfer of any Certificate shall be effective until entered in the Register. (c) The Certificates shall be exchangeable upon the presentation and surrender thereof at the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in a denomination or denominations of any integral multiple of $5,000, and in an aggregate principal amount equal to the unpaid principal amount of the Certificates presented for exchange. The Paying Agent/Registrar is hereby authorized to authenticate and deliver Certificates exchanged for other Certificates in accordance with this Section. (d) Each exchange Certificate delivered by the Paying Agent/Registrar in accordance with this Section shall constitute an original contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such exchange Certificate is delivered. (e) No service charge shall be made to the Owner for the initial registration, subsequent transfer, or exchange for a different denomination of any of the Certificates. The Paying Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection with the registration, transfer, or exchange of a Certificate. Town Council Packet 122 of 230 August 5, 2013 - 11 - #4335573.1 (f) Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Certificate called for redemption, in whole or in part, within 45 calendar days prior to the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the Owner of the uncalled principal balance of a Certificate. Section 3.07. Cancellation All Certificates paid or redeemed before scheduled maturity in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance with this Ordinance, shall be canceled and proper records made regarding such payment, redemption, exchange, or replacement. The Paying Agent/Registrar shall then return such canceled Certificates to the Town or may in accordance with law dispose of such cancelled Certificates. . Section 3.08. Temporary Certificates (a) Following the delivery and registration of the Initial Certificate and pending the preparation of definitive Certificates, the proper officers of the Town may execute and, upon the Town’s request, the Paying Agent/Registrar shall authenticate and deliver, one or more temporary Certificates that are printed, lithographed, typewritten, mimeographed, or otherwise produced, in any denomination, substantially of the tenor of the definitive Certificates in lieu of which they are delivered, without coupons, and with such appropriate insertions, omissions, substitutions, and other variations as the officers of the Town executing such temporary Certificates may determine, as evidenced by their signing of such temporary Certificates. . (b) Until exchanged for Certificates in definitive form, such Certificates in temporary form shall be entitled to the benefit and security of this Ordinance. (c) The Town, without unreasonable delay, shall prepare, execute and deliver to the Paying Agent/Registrar the Certificates in definitive form; thereupon, upon the presentation and surrender of the Certificate or Certificates in temporary form to the Paying Agent/Registrar, the Paying Agent/Registrar shall cancel the Certificates in temporary form and shall authenticate and deliver in exchange therefor a Certificate or Certificates of the same maturity and series, in definitive form, in the authorized denomination, and in the same aggregate principal amount, as the Certificate or Certificates in temporary form surrendered. Such exchange shall be made without the making of any charge therefor to any Owner. Section 3.09. Replacement Certificates (a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated Certificate, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding. The Town or the Paying Agent/Registrar may require the Owner of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that is authorized to be imposed in connection therewith and any other expenses connected therewith. . Town Council Packet 123 of 230 August 5, 2013 - 12 - #4335573.1 (b) In the event that any Certificate is lost, apparently destroyed or wrongfully taken, the Paying Agent/ Registrar, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Certificate has been acquired by a bona fide purchaser, shall authenticate and deliver a replacement Certificate of like tenor and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner first complies with the following requirements: (i) furnishes to the Paying Agent/Registrar satisfactory evidence of his or her ownership of and the circumstances of the loss, destruction, or theft of such Certificate; (ii) furnishes such security or indemnity as may be required by the Paying Agent/Registrar to save it and the Town harmless; (iii) pays all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Paying Agent/Registrar, and any tax or other governmental charge that is authorized to be imposed; and (iv) satisfies any other reasonable requirements imposed by the Town and the Paying Agent/Registrar. (c) If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the Town and the Paying Agent/Registrar shall be entitled to recover such replacement Certificate from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost, or expense incurred by the Town or the Paying Agent/Registrar in connection therewith. (d) In the event that any such mutilated, lost, apparently destroyed, or wrongfully taken Certificate has become or is about to become due and payable, the Paying Agent/Registrar, in its discretion, instead of issuing a replacement Certificate, may pay such Certificate when it becomes due and payable. (e) Each replacement Certificate delivered in accordance with this Section shall constitute an original additional contractual obligation of the Town and shall be entitled to the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu of which such replacement Certificate is delivered. Section 3.10. Book-Entry-Only System (a) Notwithstanding any other provision hereof, upon initial issuance of the Certificates, the Certificates shall be registered in the name of Cede & Co., as nominee of DTC. The definitive Certificates shall be initially issued in the form of a single separate certificate for each of the maturities thereof. . (b) With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Town and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant or to any person on behalf of whom such a DTC Participant holds an interest in Town Council Packet 124 of 230 August 5, 2013 - 13 - #4335573.1 the Certificates. Without limiting the immediately preceding sentence, the Town and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on the Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii) the payment to any DTC Participant or any other person, other than an Owner, as shown in the Register of any amount with respect to principal of, premium, if any, or interest on the Certificates. Notwithstanding any other provision of this Ordinance to the contrary, the Town and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Register as the absolute owner of such Certificate for the purpose of payment of principal of, premium, if any, and interest on Certificates, for the purpose of giving notices of redemption and other matters with respect to such Certificate, for the purpose of registering transfer with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Certificates only to or upon the order of the respective Owners as shown in the Register, as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Town’s obligations with respect to payment of, premium, if any, and interest on the Certificates to the extent of the sum or sums so paid. No person other than an Owner, as shown in the Register, shall receive a certificate evidencing the obligation of the Town to make payments of amounts due pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the word “Cede & Co.” in this Ordinance shall refer to such new nominee of DTC. (c) The Representations Letter previously executed and delivered by the Town, and applicable to the Town’s obligations delivered in book-entry-only form to DTC as securities depository, is hereby ratified and approved for the Certificates. Section 3.11. Successor Securities Depository; Transfer Outside Book-Entry-Only System In the event that the Town or the Paying Agent/Registrar determines that DTC is incapable of discharging its responsibilities described herein and in the Representations Letter of the Town to DTC, and that it is in the best interest of the Town and the beneficial owners of the Certificates that they be able to obtain certificated Certificates, or in the event DTC discontinues the services described herein, the Town shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository; or (ii) notify DTC and DTC Participants of the availability through DTC of certificated Certificates and cause the Paying Agent/Registrar to transfer one or more separate registered Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. . Town Council Packet 125 of 230 August 5, 2013 - 14 - #4335573.1 Section 3.12. Payments to Cede & Co Notwithstanding any other provision of this Ordinance to the contrary, so long as the Certificates are registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Certificates, and all notices with respect to such Certificates shall be made and given, respectively, in the manner provided in the Representations Letter of the Town to DTC. . ARTICLE IV REDEMPTION OF CERTIFICATES BEFORE MATURITY Section 4.01. Limitation on Redemption The Certificates shall be subject to redemption before scheduled maturity only as provided in this Article IV. . Section 4.02. Optional Redemption (a) The Town reserves the option to redeem Certificates maturing on and after March 1, 2023 in whole or any part, before their respective scheduled maturity dates, on March 1, 2022 or on any date thereafter, such redemption date or dates to be fixed by the Town, at a price equal to the principal amount of the Certificates called for redemption plus accrued interest to the date fixed for redemption. . (b) If less than all of the Certificates are to be redeemed pursuant to an optional redemption, the Town shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot the Certificates, or portions thereof, within such maturity or maturities and in such principal amounts for redemption. (c) The Town, at least 45 days before the redemption date, unless a shorter period shall be satisfactory to the Paying Agent/Registrar, shall notify the Paying Agent/Registrar of such redemption date and of the principal amount of Certificates to be redeemed. Section 4.03. Partial Redemption (a) A portion of a single Certificate of a denomination greater than $5,000 may be redeemed, but only in a principal amount equal to $5,000 or any integral multiple thereof. If such a Certificate is to be partially redeemed, the Paying Agent/Registrar shall treat each $5,000 portion of the Certificate as though it were a single Certificate for purposes of selection for redemption. . (b) Upon surrender of any Certificate for redemption in part, the Paying Agent/Registrar, in accordance with Section 3.06 of this Ordinance, shall authenticate and deliver an exchange Certificate or Certificates in an aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered, such exchange being without charge. Town Council Packet 126 of 230 August 5, 2013 - 15 - #4335573.1 (c) The Paying Agent/Registrar shall promptly notify the Town in writing of the principal amount to be redeemed of any Certificate as to which only a portion thereof is to be redeemed. Section 4.04. Notice of Redemption to Owners (a) The Paying Agent/Registrar shall give notice of any redemption of Certificates by sending notice by first class United States mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the Owner of each Certificate (or part thereof) to be redeemed, at the address shown on the Register at the close of business on the Business Day next preceding the date of mailing such notice. . (b) The notice shall state the redemption date, the redemption price, the place at which the Certificates are to be surrendered for payment, and, if less than all the Certificates outstanding are to be redeemed, an identification of the Certificates or portions thereof to be redeemed. (c) Any notice given as provided in this Section shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. Section 4.05. Payment Upon Redemption (a) Before or on each redemption date, the Town shall deposit with the Paying Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying Agent/Registrar shall make provision for the payment of the Certificates to be redeemed on such date by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar from the Town and shall use such funds solely for the purpose of paying the principal of, redemption premium, if any, and accrued interest on the Certificates being redeemed. . (b) Upon presentation and surrender of any Certificate called for redemption at the Designated Payment/Transfer Office of the Paying Agent/Registrar on or after the date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption premium, if any, and accrued interest on such Certificate to the date of redemption from the money set aside for such purpose. Section 4.06. Effect of Redemption (a) Notice of redemption having been given as provided in Section 4.04 of this Ordinance, the Certificates or portions thereof called for redemption shall become due and payable on the date fixed for redemption and, unless the Town defaults in its obligation to make provision for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon, such Certificates or portions thereof shall cease to bear interest from and after the date fixed for redemption, whether or not such Certificates are presented and surrendered for payment on such date. . (b) If the Town shall fail to make provision for payment of all sums due on a redemption date, then any Certificate or portion thereof called for redemption shall continue to Town Council Packet 127 of 230 August 5, 2013 - 16 - #4335573.1 bear interest at the rate stated on the Certificate until due provision is made for the payment of same by the Town. Section 4.07. Conditional Notice of Redemption The Town reserves the right to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Bonds subject to conditional redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional notice of redemption, the failure of the Town to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. . Section 4.08. Lapse of Payment Money set aside for the redemption of Certificates and remaining unclaimed by the Owners of such Certificates shall be subject to the provisions of Section 3.03(f) hereof. . ARTICLE V PAYING AGENT/REGISTRAR Section 5.01. Appointment of Initial Paying Agent/Registrar The Bank of New York Mellon Trust Company, National Association, Dallas, Texas, is hereby appointed as the initial Paying Agent/Registrar for the Certificates. . Section 5.02. Qualifications Each Paying Agent/Registrar shall be a commercial bank, a trust company organized under the laws of the State of Texas, or other entity duly qualified and legally authorized to serve as and perform the duties and services of paying agent and registrar for the Certificates. . Section 5.03. Maintaining Paying Agent/Registrar (a) At all times while any of the Certificates are outstanding, the Town will maintain a Paying Agent/Registrar that is qualified under Section 5.02 of this Ordinance. The Mayor is hereby authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the duties and responsibilities of the Town and the Paying Agent/Registrar in . Town Council Packet 128 of 230 August 5, 2013 - 17 - #4335573.1 substantially the form presented at this meeting, such form of agreement being hereby approved. The signature of the Mayor shall be attested by the City Secretary of the Town. (b) If the Paying Agent/Registrar resigns or otherwise ceases to serve as such, the Town will promptly appoint a replacement. Section 5.04. Termination The Town, upon not less than sixty (60) days’ notice, reserves the right to terminate the appointment of any Paying Agent/Registrar by delivering to the entity whose appointment is to be terminated written notice of such termination. . Section 5.05. Notice of Change to Owners Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town will cause notice of the change to be sent to each Owner by first class United States mail, postage prepaid, at the address thereof in the Register, stating the effective date of the change and the name and mailing address of the replacement Paying Agent/Registrar. . Section 5.06. Agreement to Perform Duties and Functions By accepting the appointment as Paying Agent/Registrar and executing the Paying Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the provisions of this Ordinance and that it will perform the duties and functions of Paying Agent/Registrar prescribed thereby. . Section 5.07. Delivery of Records to Successor If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent books and records relating to the Certificates to the successor Paying Agent/Registrar. . ARTICLE VI FORM OF THE CERTIFICATES Section 6.01. Form Generally (a) The Certificates, including the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to appear on each of the Certificates, (i) shall be substantially in the form set forth in this Article, with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Ordinance, and (ii) may have such letters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as, consistently herewith, may be determined by the Town or by the officers executing such Certificates, as evidenced by their execution thereof. . Town Council Packet 129 of 230 August 5, 2013 - 18 - #4335573.1 (b) Any portion of the text of any Certificates may be set forth on the reverse side thereof, with an appropriate reference thereto on the face of the Certificates. (c) The definitive Certificates, if any, shall be typewritten, photocopied, printed, lithographed, or engraved, and may be produced by any combination of these methods or produced in any other similar manner, all as determined by the officers executing such Certificates, as evidenced by their execution thereof. (d) The Initial Certificate submitted to the Attorney General of the State of Texas may be typewritten and photocopied or otherwise reproduced. Section 6.02. Form of the Certificates The form of the Certificates, including the form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying Agent/Registrar and the form of Assignment appearing on the Certificates, shall be substantially as follows: . (a) Form of Certificate REGISTERED No. _________ . REGISTERED $_________ United States of America State of Texas County of Dallas TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATE OF OBLIGATION SERIES 2013 INTEREST RATE: MATURITY DATE: DATED DATE: CUSIP NUMBER: ______% March 1, ____ August 1, 2013 ______ ___ The Town of Trophy Club (the “Town”), in the County of Dallas, State of Texas, for value received, hereby promises to pay to _____________________________ or registered assigns, on the Maturity Date specified above, the sum of _______________________ DOLLARS unless this Bond shall have been sooner called for redemption and the payment of the principal hereof shall have been provided for, and to pay interest on such principal amount from the later of Dated Date specified above or the most recent interest payment date to which interest has been paid or provided for until payment of such principal amount has been provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day year of twelve 30-day Town Council Packet 130 of 230 August 5, 2013 - 19 - #4335573.1 months, such interest to be paid semiannually on March 1 and September 1 of each year, commencing March 1, 2014. The principal of this Certificate shall be payable without exchange or collection charges in lawful money of the United States of America upon presentation and surrender of this Certificate at the designated office in Dallas, Texas, of The Bank of New York Mellon Trust Company, National Association, as Paying Agent/Registrar (the “Designated Payment/Transfer Office”), or, with respect to a successor paying agent/registrar, at the Designated Payment/Transfer Office of such successor Paying Agent/Registrar. Interest on this Certificate is payable by check dated as of the interest payment date, and will be mailed by the Paying Agent/Registrar to the registered owner at the address shown on the registration books kept by the Paying Agent/Registrar or by such other customary banking arrangement acceptable to the Paying Agent/Registrar and the registered owner; provided, however, such registered owner shall bear all risk and expenses of such customary banking arrangement. At the option of an Owner of at least $1,000,000 principal amount of the Certificates, interest may be paid by wire transfer to the bank account of such Owner on file with the Paying Agent/Registrar. For the purpose of the payment of interest on this Certificate, the registered owner shall be the person in whose name this Certificate is registered at the close of business on the “Record Date,” which shall be the fifteenth business day of the month next preceding such interest payment date; provided, however, that in the event of nonpayment of interest on a scheduled payment date and for 30 days thereafter, a new record date for such interest payment (a “Special Record Date”) shall be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Town. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the “Special Payment Date,” which date shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of each Owner of a Certificate appearing on the books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. If the date for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, legal holiday, or day on which banking institutions in the city where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or authorized by law or executive order to close, the date for such payment shall be the next succeeding day that is not a Saturday, Sunday, legal holiday, or day on which banking institutions are required or authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due and no additional interest shall be due by reason of nonpayment on the date on which such payment is otherwise stated to be due and payable. This Certificate is one of a series of fully registered certificates specified in the title hereof issued in the aggregate principal amount of $__________ (herein referred to as the “Certificates”), issued pursuant to a certain ordinance of the Town (the “Ordinance”) for the purpose of paying contractual obligations to be incurred for authorized public improvements (the “Project”) as described in the Ordinance, and to pay the contractual obligations for professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. Town Council Packet 131 of 230 August 5, 2013 - 20 - #4335573.1 The Certificates and the interest thereon are payable from the levy of a direct and continuing ad valorem tax within the limits prescribed by law, against all taxable property in the Town and from a pledge of certain Surplus Revenues (not to exceed $1,000) of the Town’s municipal drainage utility system, all as described and provided for in the Ordinance. The Town has reserved the option to redeem the Certificates maturing on or after March 1, 2023, in whole or in part, before their respective scheduled maturity dates, on March 1, 2022, or on any date thereafter, at a price equal to the principal amount of the Certificates so called for redemption plus accrued interest to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the Town shall determine the maturity or maturities and the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar to call by lot or other customary method that results in a random selection the Certificates, or portions thereof, within such maturity and in such principal amounts, for redemption. Notice of such redemption or redemptions shall be given by first class mail, postage prepaid, not less than 30 days before the date fixed for redemption, to the registered owner of each of the Certificates to be redeemed in whole or in part. Notice having been so given, the Certificates or portions thereof designated for redemption shall become due and payable on the redemption date specified in such notice; from and after such date, notwithstanding that any of the Certificates or portions thereof so called for redemption shall not have been surrendered for payment, interest on such Certificates or portions thereof shall cease to accrue. The Town reserves the right to give notice of its election or direction to redeem Bonds conditioned upon the occurrence of subsequent events. Such notice may state (i) that the redemption is conditioned upon the deposit of moneys and/or authorized securities, in an amount equal to the amount necessary to effect the redemption, with the Paying Agent/Registrar, or such other entity as may be authorized by law, no later than the redemption date, or (ii) that the Town retains the right to rescind such notice at any time on or prior to the scheduled redemption date if the Town delivers a certificate of the Town to the Paying Agent/Registrar instructing the Paying Agent/Registrar to rescind the redemption notice and such notice and redemption shall be of no effect if such moneys and/or authorized securities are not so deposited or if the notice is rescinded. The Paying Agent/Registrar shall give prompt notice of any such rescission of a conditional notice of redemption to the affected Owners. Any Certificates subject to conditional notice of redemption and such redemption has been rescinded shall remain Outstanding and the rescission of such redemption shall not constitute an event of default. Further, in the case of a conditional redemption, the failure of the Town to make moneys and or authorized securities available in part or in whole on or before the redemption date shall not constitute an event of default. As provided in the Ordinance, and subject to certain limitations therein set forth, this Certificate is transferable upon surrender of this Town for transfer at the Designated Payment/Transfer Office of the Paying Agent/Registrar with such endorsement or other evidence of transfer as is acceptable to the Paying Agent/Registrar; thereupon, one or more new fully registered Certificates of the same stated maturity, of authorized denominations, bearing the same rate of interest, and for the same aggregate principal amount will be issued to the designated transferee or transferees. Town Council Packet 132 of 230 August 5, 2013 - 21 - #4335573.1 Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or exchange any Certificate called for redemption where such redemption is scheduled to occur within 45 calendar days of the date fixed for redemption; provided, however, such limitation shall not be applicable to an exchange by the registered owner of the uncalled principal balance of a Certificate. The Town, the Paying Agent/Registrar, and any other person may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except interest shall be paid to the person in whose name this Certificate is registered on the Record Date, or the Special Record Date, as applicable) and for all other purposes, whether or not this Certificate be overdue, and neither the Town nor the Paying Agent/Registrar shall be affected by notice to the contrary. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Certificate and the series of which it is a part is duly authorized by law; that all acts, conditions, and things to be done precedent to and in the issuance of the Certificates have been properly done and performed and have happened in regular and due time, form, and manner as required by law; that ad valorem taxes upon all taxable property in the Town have been levied for and pledged to the payment of the debt service requirements of the Certificates within the limit prescribed by law; that, in addition to said taxes, further provisions have been made for the payment of the debt service requirements of the Certificates from a pledge of a limited amount of the Surplus Revenues, as described in the Ordinance, derived by the Town from the operation of the municipal drainage utility system in an amount limited to $1,000, that when so collected, such taxes and Surplus Revenues shall be appropriated to such purposes; and that the total indebtedness of the Town, including the Certificates, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the Town has caused this Certificate to be executed by the manual or facsimile signature of the Mayor of the Town and countersigned by the manual or facsimile signature of the City Secretary, and the official seal of the Town has been duly impressed or placed in facsimile on this Certificate. ____________________________________ Mayor, Town of Trophy Club, Texas ____________________________________ City Secretary, Town of Trophy Club, Texas [SEAL] Town Council Packet 133 of 230 August 5, 2013 - 22 - #4335573.1 (b) Form of Comptroller’s Registration Certificate OFFICE OF THE COMPTROLLER § OF PUBLIC ACCOUNTS § REGISTER NO. ____________ OF THE STATE OF TEXAS § I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Certificate has been examined by him as required by law, that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the Town of Trophy Club, Texas; and that this Certificate has this day been registered by me. Witness my hand and seal of office at Austin, Texas, _____________________. ____________________________________ Comptroller of Public Accounts of the State of Texas . The following Comptroller’s Registration Certificate may be deleted from the definitive Certificates if such certificate on the Initial Certificate is fully executed. (c) Form of Certificate of Paying Agent/Registrar CERTIFICATE OF PAYING AGENT/REGISTRAR The records of the Paying Agent/Registrar show that the Initial Certificates of this series of Certificates was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, and that this is one of the Certificates referred to in the within-mentioned Ordinance. THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, as Paying Agent/Registrar Dated: ________________ By: _______________________________ Authorized Signatory . The following Certificate of Paying Agent/Registrar may be deleted from each Initial Certificate if the Comptroller’s Registration Certificate appears thereon. Town Council Packet 134 of 230 August 5, 2013 - 23 - #4335573.1 (d) Form of Assignment ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name, address and Zip Code of transferee): __________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Social Security or other identifying number: ____________________) the within Certificate and all rights hereunder and hereby irrevocably constitutes and appoints ____________________ attorney to transfer the within Certificate on the books kept for registration hereof, with full power of substitution in the premises. . Dated: __________________ Signature Guaranteed By: ____________________________________ ____________________________________ Authorized Signatory ____________________________________ NOTICE: The Signature on this Assignment must correspond with the name of the registered owner as it appears on the face of the within Certificate in every particular and must be guaranteed in a manner acceptable to the Paying Agent/Registrar. (e) The initial Certificate shall be in the form set forth in subsections (a) through (d) of this Section, except for the following alterations: (i) immediately under the name of the Certificate, the headings “INTEREST RATE,” and “MATURITY DATE” shall both be completed with the words “As Shown Below” and the words “CUSIP NO.” shall be deleted; (ii) in the first paragraph of the Certificate, the words “on the Maturity Date specified above, the sum of ____________________ DOLLARS” shall be deleted and the following will be inserted: “on the first day of March in the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Year Principal Amount Interest Rate (Information to be inserted from Section 3.02(c) hereof). (iii) the Initial Certificate shall be numbered T-1. Section 6.03. CUSIP Registration The Town may secure identification numbers through the CUSIP Global Services, managed by Standard & Poor’s Financial Services LLC on behalf of the American Bankers Association, and may authorize the printing of such numbers on the face of the Certificates. It is expressly provided, however, that the presence or absence of CUSIP numbers on the Certificates shall be of no significance or effect in regard to the legality thereof and neither the Town nor the . Town Council Packet 135 of 230 August 5, 2013 - 24 - #4335573.1 attorneys approving said Certificates as to legality are to be held responsible for CUSIP numbers incorrectly printed on the Certificates. Section 6.04. Legal Opinion The approving legal opinion of Bracewell & Giuliani LLP, Bond Counsel, may be attached to or printed on the reverse side of each Certificate over the certification of the City Secretary of the Town, which may be executed in facsimile. . Section 6.05. Statement Insurance A statement relating to a municipal bond insurance policy, if any, to be issued for the Certificates, may be printed on each Certificate. . ARTICLE VII SALE AND DELIVERY OF CERTIFICATES; DEPOSIT OF PROCEEDS; FLOW OF FUNDS Section 7.01. Sale of Certificates; Official Statement (a) The Certificates, having been duly advertised and offered for sale at competitive bid, are hereby officially sold and awarded to _________________ (the “Purchaser”) for a purchase price equal to the principal amount thereof plus a cash premium of $__________, being the bid which produced the lowest true interest cost to the City. The Initial Certificate shall be registered in the name of the Purchaser or its designee. . (b) The form and substance of the Preliminary Official Statement and any addenda, supplement or amendment thereto, are hereby in all respects approved and adopted and is hereby deemed final as of its date within the meaning and for the purposes of paragraph (b)(1) of Rule 15c2-12 under the Securities Exchange Act of 1934, as amended. The Mayor and City Secretary are hereby authorized and directed to cause to be prepared a final Official Statement (the “Official Statement”) incorporating applicable pricing information pertaining to the Certificates, and to execute the same by manual or facsimile signature and deliver appropriate numbers of executed copies thereof to the Purchaser. The Official Statement as thus approved, executed and delivered, with such appropriate variations as shall be approved by the Mayor and the Purchaser, may be used by the Purchaser in the public offering and sale thereof. The City Secretary is hereby authorized and directed to include and maintain a copy of the Official Statement and any addenda, supplement or amendment thereto thus approved among the permanent records of this meeting. The use and distribution of the Preliminary Official Statement, and the preliminary public offering of the Certificates by the Purchaser, is hereby ratified, approved and confirmed. (c) All officers of the Town are authorized to execute such documents, certificates and receipts as they may deem appropriate in order to consummate the delivery of the Certificates in accordance with the terms of sale therefor including, without limitation, the Purchase Contract. Further, in connection with the submission of the record of proceedings for the Certificates to the Attorney General of the State of Texas for examination and approval of such Certificates, the appropriate officer of the Town is hereby authorized and directed to issue a Town Council Packet 136 of 230 August 5, 2013 - 25 - #4335573.1 check of the Town payable to the Attorney General of the State of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas Government Code (such amount per series to be the lesser of (i) 1/10th of 1% of the principal amount of such series of the Certificates or (ii) $9,500.) (d) The obligation of the Purchaser to accept delivery of the Certificates is subject to the Purchaser being furnished with the final, approving opinion of Bracewell & Giuliani LLP, bond counsel for the Town, which opinion shall be dated and delivered the Closing Date. (e) The Mayor is hereby authorized and directed to execute the contractual agreement with Southwest Securities, Inc. setting forth such firm’s responsibilities as financial advisor to the Town, and the terms thereof in the form presented at this meeting is hereby approved and accepted. Section 7.02. Control and Delivery of Certificates (a) The Mayor of the Town is hereby authorized to have control of the Initial Certificate and all necessary records and proceedings pertaining thereto pending investigation, examination, and approval of the Attorney General of the State of Texas, registration by the Comptroller of Public Accounts of the State of Texas and registration with, and initial exchange or transfer by, the Paying Agent/Registrar. . (b) After registration by the Comptroller of Public Accounts, delivery of the Certificates shall be made to the Underwriter or a representative thereof under and subject to the general supervision and direction of the Mayor, against receipt by the Town of all amounts due to the Town under the terms of sale. (c) In the event the Mayor or City Secretary is absent or otherwise unable to execute any document or take any action authorized herein, the Mayor Pro Tem and the Assistant City Secretary, respectively, shall be authorized to execute such documents and take such actions, and the performance of such duties by the Mayor Pro Tem and the Assistant City Secretary shall for the purposes of this Ordinance have the same force and effect as if such duties were performed by the Mayor and City Secretary, respectively. Section 7.03. Deposit of Proceeds (a) First: All amounts received on the Closing Date as accrued interest on the Certificates from the Certificate Date to the Closing Date shall be deposited to the Interest and Sinking Fund. . (b) Second: The remaining balance received on the Closing Date, shall be deposited to a special account of the Town, such moneys to be dedicated and used solely for the purposes for which the Certificates are being issued as herein provided in Section 3.01. To the extent any of such amount is not used for such purposes, such excess shall be deposited to the Interest and Sinking Fund. Town Council Packet 137 of 230 August 5, 2013 - 26 - #4335573.1 ARTICLE VIII INVESTMENTS Section 8.01. Investments (a) Money in the Interest and Sinking Fund created by this Ordinance, at the option of the Town, may be invested in such securities or obligations as permitted under applicable law. . (b) Any securities or obligations in which such money is so invested shall be kept and held in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely applied to the making of all payments required to be made from the fund from which the investment was made. Section 8.02. Investment Income (a) Interest and income derived from investment of the Interest and Sinking Fund be credited to such fund. . (b) Interest and income derived from investment of the funds to be deposited pursuant to Section 7.03(b) hereof shall be credited to the account where deposited until the acquisition or construction of said projects is completed and thereafter, to the extent such interest and income are present, such interest and income shall be deposited to the Interest and Sinking Fund. ARTICLE IX PARTICULAR REPRESENTATIONS AND COVENANTS Section 9.01. Payment of the Certificates On or before each Interest Payment Date for the Certificates and while any of the Certificates are outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the Interest and Sinking Fund, money sufficient to pay such interest on and principal of, redemption premium, if any, and interest on the Certificates as will accrue or mature on the applicable Interest Payment Date, maturity date and, if applicable, on a date of prior redemption. . Section 9.02. Other Representations and Covenants (a) The Town will faithfully perform, at all times, any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance and in each Certificate; the Town will promptly pay or cause to be paid the principal of, redemption premium, if any, and interest on each Certificate on the dates and at the places and manner prescribed in such Certificate; and the Town will, at the times and in the manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money specified by this Ordinance. . (b) The Town is duly authorized under the laws of the State of Texas to issue the Certificates; all action on its part for the creation and issuance of the Certificates has been duly Town Council Packet 138 of 230 August 5, 2013 - 27 - #4335573.1 and effectively taken; and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the Town in accordance with their terms. Section 9.03. Provisions Concerning Federal Income Tax Exclusion The Town intends that the interest on the Certificates shall be excludable from gross income for federal income taxation pursuant to sections 103 and 141 through 150 of the Internal Revenue Code of 1986, as amended (the “Code”) and the applicable regulations promulgated thereunder (the “Regulations”). The Town covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respectively, would cause the interest on the Certificates to be includable in gross income, as defined in section 61 of the Code of the holders thereof for purposes of federal income taxation. In particular, the Town covenants and agrees to comply with each requirement of Sections 9.03 through 9.10, inclusive; provided, however, that the Town shall not be required to comply with any particular requirement of this Sections 9.03 through 9.10 of the holders thereof for purposes of federal income taxation, if the Town has received an opinion of nationally recognized bond counsel (“Counsel’s Opinion”) that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Certificates or if the Town has received a Counsel’s Opinion to the effect that compliance with some other requirement set forth in this Sections 9.03 through 9.10, inclusive, will satisfy the applicable requirements of the Code and the Regulations, in which case compliance with such other requirement specified in such Counsel’s Opinion shall constitute compliance with the corresponding requirement specified in Sections 9.03 through 9.10, inclusive. . Section 9.04. No Private Use or Payment and No Private Loan Financing The Town shall certify, through an authorized officer, employee or agent, that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Certificates are delivered, that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be “private activity bonds” within the meaning of section 141 of the Code and the Regulations. The Town covenants and agrees that it will make such use of the proceeds of the Certificates, including interest or other investment income derived from Certificate proceeds, regulate the use of property financed, directly or indirectly, with such proceeds, and take such other and further action as may be required so that the Certificates will not be “private activity bonds” within the meaning of section 141 of the Code and the Regulations. . Section 9.05. No Federal Guaranty The Town covenants and agrees not to take any action, or knowingly omit to take any action, and has not knowingly omitted and will not knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Certificates to be “federally guaranteed” within the meaning of section 149(b) of the Code and the Regulations, except as permitted by section 149(b)(3) of the Code and the Regulations. . Town Council Packet 139 of 230 August 5, 2013 - 28 - #4335573.1 Section 9.06. Certificates are not Hedge Certificates The Town covenants and agrees that it has not taken and will not take any action, and has not knowingly omitted and will not knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Certificates to be “hedge bonds” within the meaning of section 149(g) of the Code and the Regulations. . Section 9.07. No-Arbitrage Covenant The Town shall certify, through an authorized officer, employee or agent, that, based upon all facts and estimates known or reasonably expected to be in existence on the date the Certificates are delivered, the Town will reasonably expect that the proceeds of the Certificates will not be used in a manner that would cause the Certificates to be “arbitrage bonds” within the meaning of section 148(a) of the Code and the Regulations. Moreover, the Town covenants and agrees that it will make such use of the proceeds of the Certificates, including interest or other investment income derived from Certificate proceeds, regulate investments of proceeds of the Certificates, and take such other and further action as may be required so that the Certificates will not be “arbitrage bonds” within the meaning of section 148(a) of the Code and the Regulations. . Section 9.08. Arbitrage Rebate If the Town does not qualify for an exception to the requirements of Section 148(f) of the Code, the Town will take all necessary steps to comply with the requirement that certain amounts earned by the Town on the investment of the “gross proceeds” of the Certificates (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the Town will (i) maintain records regarding the investment of the gross proceeds of the Certificates as may be required to calculate the amount earned on the investment of the gross proceeds of the Certificates separately from records of amounts on deposit in the funds and accounts of the Town allocable to other issues of the Town or moneys which do not represent gross proceeds of any issues of the Town, (ii) calculate at such times as are required by the Regulations the amount earned from the investment of the gross proceeds of the Certificates which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Certificates or on such other dates as may be permitted under the Regulations, all amounts required to be rebated to the federal government. Further, the Town will not indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Certificates that might result in a reduction in the amount required to be paid to the federal government because such arrangement results in a smaller profit or a larger loss than would have resulted if the arrangement had been at arm’s length and had the yield on the issue not been relevant to either party. . Section 9.09. Information Reporting The Town covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar . Town Council Packet 140 of 230 August 5, 2013 - 29 - #4335573.1 quarter in which the Certificates are issued, an information statement concerning the Certificates, all under and in accordance with section 149(e) of the Code and the Regulations. Section 9.10. Continuing Obligation Notwithstanding any other provision of this Ordinance, the Town’s obligations under the covenants and provisions of Sections 9.03 through 9.09, inclusive, shall survive the defeasance and discharge of the Certificates. . ARTICLE X DEFAULT AND REMEDIES Section 10.01. Events of Default Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an Event of Default: . (i) the failure to make payment of the principal of, redemption premium, if any, or interest on any of the Certificates when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement, or obligation of the Town, which default materially and adversely affects the rights of the Owners, including but not limited to their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of sixty (60) days after notice of such default is given by any Owner to the Town. Section 10.02. Remedies for Default (a) Upon the happening of any Event of Default, then any Owner or an authorized representative thereof, including but not limited to a trustee or trustees therefor, may proceed against the Town for the purpose of protecting and enforcing the rights of the Owners under this Ordinance by mandamus or other suit, action or special proceeding in equity or at law in any court of competent jurisdiction for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners hereunder or any combination of such remedies. . (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Owners of Certificates then outstanding. Section 10.03. Remedies Not Exclusive (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the . Town Council Packet 141 of 230 August 5, 2013 - 30 - #4335573.1 right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. ARTICLE XI DISCHARGE Section 11.01. Discharge The Certificates may be defeased, discharged or refunded in any manner permitted by applicable law. . ARTICLE XII CONTINUING DISCLOSURE UNDERTAKING Section 12.01. Annual Reports (i) The Town shall provide annually to the MSRB, within six (6) months after the end of each fiscal year, financial information and operating data with respect to the Town of the general type included in the final Official Statement, being the information described in . Exhibit A hereto. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit A (ii) If the Town changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Town otherwise would be required to provide financial information and operating data pursuant to this Section. hereto, and (ii) audited, if the Town commissions an audit of such statements and the audit is completed within the period during which they must be provided, and (iii) submitted through the EMMA, in an electronic format with accompanying identifying information, as prescribed by the MSRB. If the audit of such financial statements is not complete within such period, then the Town shall provide notice that audited financial statements are not available and shall provide unaudited financial statements for the applicable fiscal year to the MSRB. The Town shall provide audited financial statements for the applicable fiscal year to the MSRB when and if audited financial statements become available. (iii) The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific referenced to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to the MSRB or filed with the SEC. Town Council Packet 142 of 230 August 5, 2013 - 31 - #4335573.1 Section 12.02. Material Event Notices (a) The Town shall notify the MSRB, in a timely manner not in excess of ten (10) Business Days after the occurrence of the event, of any of the following events with respect to the Certificates: . (i) Principal and interest payment delinquencies; (ii) Non-payment related defaults, if material; (iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers, or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (vii) Modifications to rights of holders of the Certificates, if material; (viii) Certificate calls, if material, and tender offers; (ix) Defeasances; (x) Release, substitution, or sale of property securing repayment of the Certificates, if material; (xi) Rating changes; (xii) Bankruptcy, insolvency, receivership or similar event of the Town; 1 (xiii) The consummation of a merger, consolidation, or acquisition involving the Town or the sale of all or substantially all of the assets of the Town, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an 1 For the purposes of the event identified in (xii), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. Town Council Packet 143 of 230 August 5, 2013 - 32 - #4335573.1 action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (xiv) Appointment of a successor Paying Agent/Registrar or change in the name of the Paying Agent/Registrar, if material. (b) The Town shall provide to the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner, notice of a failure by the Town to provide required annual financial information and notices of material events in accordance with Sections 12.01 and 12.02. All documents provided to the MSRB pursuant to this section shall be accompanied by identifying information as prescribed by the MSRB. Section 12.03. Limitations, Disclaimers and Amendments (a) The Town shall be obligated to observe and perform the covenants specified in this Article for so long as, but only for so long as, the Town remains an “obligated person” with respect to the Certificates within the meaning of the Rule, except that the Town in any event will give notice of any redemption calls and any defeasances that cause the Town to be no longer an “obligated person.” . (b) The provisions of this Article are for the sole benefit of the Owners and beneficial owners of the Certificates, and nothing in this Article, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Town undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Article and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Town’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Article or otherwise, except as expressly provided herein. The Town does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (c) No default by the Town in observing or performing its obligations under this Article shall constitute a breach of or default under the Ordinance for purposes of any other provisions of this Ordinance. (d) Nothing in this Article is intended or shall act to disclaim, waive, or otherwise limit the duties of the Town under federal and state securities laws. Town Council Packet 144 of 230 August 5, 2013 - 33 - #4335573.1 (e) The provisions of this Article may be amended by the Town from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Town, but only if (i) the provisions of this Article, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (A) the Owners of a majority in aggregate principal amount (or any greater amount required by any other provisions of this Ordinance that authorizes such an amendment) of the Outstanding Certificates consent to such amendment or (B) an entity or individual person that is unaffiliated with the Town (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Owners and beneficial owners of the Certificates. If the Town so amends the provisions of this Article, it shall include with any amended financial information or operating data next provided in accordance with Section 12.01 an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in type of financial information or operating data so provide. ARTICLE XIII AMENDMENTS Section 13.01. Amendments This Ordinance shall constitute a contract with the Owners, be binding on the Town, and shall not be amended or repealed by the Town so long as any Certificate remains outstanding except as permitted in this Section. The Town may, without consent of or notice to any Owners, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the Town may, with the written consent of the Owners of the Certificates holding a majority in aggregate principal amount of the Certificates then outstanding, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Owners of outstanding Certificates, no such amendment, addition, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Certificates, (ii) give any preference to any Certificate over any other Certificate, or (iii) reduce the aggregate principal amount of Certificates required to be held by Owners for consent to any such amendment, addition, or rescission. . Town Council Packet 145 of 230 August 5, 2013 - 34 - #4335573.1 ARTICLE XIV MISCELLANEOUS Section 14.01. Changes to Ordinance Section 14.02. . The Mayor and Director of Finance, in consultation with Bond Counsel, are hereby authorized to make changes to the terms of this Ordinance if necessary or desirable to carry out the purposes hereof or in connection with the approval of the issuance of the Certificates by the Attorney General of Texas. Partial Invalidity Section 14.03. . If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of the Ordinance. No Personal Liability . No recourse shall be had for payment of the principal of or interest on any Certificates or for any claim based thereon, or on this Ordinance, against any official or employee of the Town or any person executing any Certificates. ARTICLE XV EFFECTIVENESS Section 15.01. Effectiveness This Ordinance shall take effect immediately from and after its passage. . Town Council Packet 146 of 230 August 5, 2013 Signature Page for Ordinance Series 2013 Combination Tax and Revenue Certificates of Obligation APPROVED AND ADOPTED this August 5, 2013. ____________________________________ Mayor, Town of Trophy Club, Texas ATTEST: ______________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: By: _________________________________ Town Attorney By: _________________________________ Town Bond Counsel Town Council Packet 147 of 230 August 5, 2013 A-1 #4335573.1 EXHIBIT A DESCRIPTION OF ANNUAL DISCLOSURE OF FINANCIAL INFORMATION The following information is referred to in Article XII of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the Town to be provided annually in accordance with such Section are as specified (and included in the Appendix or other headings of the Official Statement referred to) below: 1. The portions of the financial statements of the Town appended to the Official Statement as Appendix B, but for the most recently concluded fiscal year. 2. Statistical and financial data set forth in Tables 1, 2, 3, 9, 10, 12, 13, 14 and 20 of Appendix A. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in Paragraph 1 above. Town Council Packet 148 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-420-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/11/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding a request for approval of a Final Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. A. Developer's Agreement - Consider and take appropriate action regarding a Developer's Agreement between the Town and Standard Pacific of Texas, Inc. for construction of the Veranda Avenue Bridge and related infrastructure; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Staff Report - TC 080513.pdf Application.pdf CLOMR Approval Letters.pdf ClubCorp Permission Letter.pdf Final Review - TNP - Outstanding Comments.pdf Developer's Agreement.pdf Exhibit A - Construction Estimates.pdf Action ByDate Action ResultVer. Planning & Zoning Commission7/18/2013 1 Consider and take appropriate action regarding a request for approval of a Final Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. A. Developer's Agreement - Consider and take appropriate action regarding a Developer's Agreement between the Town and Standard Pacific of Texas, Inc. for construction of the Veranda Avenue Bridge and related infrastructure; and authorizing the Mayor or her designee to execute all necessary documents. Town Council Packet 149 of 230 August 5, 2013 SUBJECT: Consider and take appropriate action regarding a request to approve a Final Plat for Right-of-Way Dedication of Veranda Avenue, The Highlands at Trophy Club, Neighborhood 4. Applicant: Warren Corwin, Corwin Engineering, Inc. on behalf of Standard Pacific of Texas, Inc. This property is located in Neighborhood 4, “Turnberry” addition of The Highlands where Veranda Avenue currently dead ends on the south end of the neighborhood. TOWN COUNCIL STAFF REPORT August 5, 2013 Case No. SFP-13-01 Final Plat Right of Way Dedication Veranda Avenue The Highlands at Trophy Club Neighborhood 4 Town Council Packet 150 of 230 August 5, 2013 The applicant is requesting approval of a final plat of Veranda Avenue for dedication of right-of-way to provide access, via a bridge, from an existing phase of Neighborhood 4 of The Highlands to a future phase of Neighborhood 4. Town Council Packet 151 of 230 August 5, 2013 There is an area also being platted which will be designated as “common area” for Neighborhood 4. This property is owned by Standard Pacific and the Trophy Club Subdivision Rules and Regulations require that all contiguous property shall be platted, therefore, this property is included on the plat, shall be common area for Neighborhood 4, and shall be owned and maintained by the Turnberry Homeowners Association. The Highlands at Trophy Club Neighborhood 4 original concept indicated Veranda Avenue to have a bridge crossing over Marshall Branch to connect Phase 2A to the property on the south side of Marshall Branch. In 2006, Carter & Burgess Inc. prepared a Conditional Letter of Map Revision (CLOMR) application to FEMA to obtain approval of the proposed bridge. The CLOMR (case #07-06-0911R) was approved on April 27, 2007 (copies of FEMA approval letters are included in this packet). Phase 2A was constructed in 2010-2011 which extended Veranda Avenue from just south of Carrick Drive to its current terminus approximately 400’ south of Abby Lane and approximately 300’ north of Marshall Branch. The current project is proposing to extend Veranda Avenue to the south side of Marshall Branch with a bridge crossing over Marshall Branch. The geometry, elevation and location of the bridge are identical to what was in the hydraulic models that were part of the approved CLOMR. After the bridge is constructed, an application will be submitted to FEMA for a Letter of Map Revision (LOMR). A LOMR can only be applied for after the improvements/modifications to the floodplain have been constructed. Town Council Packet 152 of 230 August 5, 2013 BRIDGE PLAN & ELEVATION TYPICAL CROSS SECTION Town Council Packet 153 of 230 August 5, 2013 BRIDGE – COMBINATION RAIL STREET LIGHT PLAN The applicant will be removing trees with construction of the bridge. Mitigation is required for 199.5 caliper inches of trees and the applicant is requesting permission to plant 67 trees (minimum 3” caliper), in Neighborhood 4 common areas 1, 14 and 15. Town Council Packet 154 of 230 August 5, 2013 When constructing the bridge, a golf cart path will be relocated. The applicant has worked with the Trophy Club Country Club owners and received permission to relocate the golf cart path. The permission letter from ClubCorp is attached. The existing path is noted in red; the relocated path in purple. Town Council Packet 155 of 230 August 5, 2013 The Town Engineer reviewed the bridge plans for compliance and compatibility with the Veranda Avenue Final Plat right-of-way dedication. There are minor comments outstanding, but the Town Engineer has released the plat for placement on a P&Z and Council agenda. The minor comments must be addressed prior to scheduling of a pre-construction meeting and release of plans for construction (see attached letter from TNP). A Developer’s Agreement for the bridge construction and associated infrastructure is attached for Council approval. This final plat document was reviewed in accordance with the Town of Trophy Club Subdivision Rules and Regulations as well as the approved development standards of Planned Development District No. 27. The plat is in compliance and Staff recommends approval of the Veranda Avenue Final Plat. PLANNING AND ZONING COMMISSION: On July 18, 2013, the Planning and Zoning Commission heard this request. Commissioner Sheridan made a motion to recommend approval of the final plat. Vice Chairman Vowell seconded the motion. Commissioner Allen objected to approving the final plat as he did not feel the Commission had adequate information regarding the bridge in order to make an informed decision about the final plat. Commissioner Reed agreed with Commissioner Allen that more information should be provided. Commissioner Sadley disagreed stating that the Town Engineer was present and indicated that he had reviewed and approved the appropriate documents. Commissioner Sheridan suggested that the Commission ask the applicant if postponing the plat would be burdensome. Chip Boyd with Standard Pacific appreciated the opportunity to speak and stated that they have a tremendous investment in this project and time is of the essence as construction of the bridge allows Standard Pacific to move forward with the Isle of Turnberry platting and permits. Community Development Director Huggins suggested that the motion be amended to stipulate that the bridge documents be presented to Council, and to Council’s satisfaction. Commission Allen agreed to that stipulation and Commissioner Sheridan so amended his motion. The Chairman called for a vote and the vote passed with 6 voting for a recommendation of approval of the Veranda Avenue Final Plat and one (Commissioner Garrett Reed) voting against. ch Attachments: Application CLOMR Approval Letters ClubCorp Permission Letter Town Engineer Review Developer’s Agreement Exhibit A – Construction Estimates Final Plat – 24x36 Hardcopy Town Council Packet 156 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 1 5 7 o f 2 3 0 A u g u s t 5 , 2 0 1 3 Town Council Packet 158 of 230 August 5, 2013 Town Council Packet 159 of 230 August 5, 2013 Town Council Packet 160 of 230 August 5, 2013 Town Council Packet 161 of 230 August 5, 2013 Town Council Packet 162 of 230 August 5, 2013 Town Council Packet 163 of 230 August 5, 2013 Town Council Packet 164 of 230 August 5, 2013 Town Council Packet 165 of 230 August 5, 2013 Town Council Packet 166 of 230 August 5, 2013 Fort Worth1100 Macon StreetFort Worth, Texas 76102817.336.5773 Dallas17304 Preston Road, Suite 1340Dallas, Texas 75252214.461.9867 Denton1517 Centre Place Drive, Suite 320Denton, Texas 76205940.383.4177 Sherman200 North Travis Street, Suite 500Sherman, Texas 75090903.870.1089 Registered by the Texas Board of Professional Engineers, No. F-230 Registered by the Texas Board of Professional Surveyors, No. 100116-00 engineers surveyors landscape architects www.tnpinc.com PLAN REVIEW To: Town of Trophy Club From: Tom Rutledge Date: July 9, 2013 RE: Veranda Avenue Bridge – Final Review The final plat is ready to proceed to P&Z and Council. Plan comments have been addressed except for the comments below. Please provide corrected signed/sealed plans prior to construction. 5 – Standard Details 1. Revise the detail “Typical Sidewalk Section” to show 2” min. cushion sand in lieu of compacted subgrade. S1.01 – Retaining Wall Structural Details 1. Wall design should include drawdown conditions by including a differential hydrostatic head in the wall loading. Confirm this analysis has been included in the calculations and provide a note stating the same on the plans. Combination Rail Detail (Type C221) 1. Sheet 2 of 3 – The raised sidewalk thickness appears to be 9.5”. Confirm and provide the dimension of the raised sidewalk (note 16) for the detail “Section thru rail with raised sidewalk – on bridge slab”. 2. Sheet 3 of 3 – Confirm the “Bars U” dimension should be 2’-4” in lieu of 1’-4½”, based on the raised sidewalk being 9.5”. Town Council Packet 167 of 230 August 5, 2013 THE HIGHLANDS AT TROPHY CLUB VERANDA AVENUE BRIDGE DEVELOPER’S AGREEMENT An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as the "TOWN") and Standard Pacific of Texas, Inc. acting by and through its duly authorized representative (hereinafter referred to as the "DEVELOPER"), for the installation of public improvements and facilities within the TOWN limits of Trophy Club, Texas, for the Veranda Avenue Bridge in The Highlands at Trophy Club, Neighborhood 4 more particularly described as a tract of land consisting of approximately 0.560 acres of land, hereinafter being referred to collectively as the "PROJECT," and such public improvements being more particularly described in Section II of this AGREEMENT. It is understood by and between the parties that this AGREEMENT is applicable to the right- of-way contained within the Final Plat as presented to TOWN COUNCIL on August 5, 2013, and to the offsite improvements necessary to support the PROJECT, more particularly described in Section II of this AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations. I. GENERAL REQUIREMENTS A. It is agreed and understood by the parties hereto that the DEVELOPER has employed a registered public surveyor licensed to practice in the State of Texas to prepare a final plat of the PROJECT. The Project is planned to be platted for Dedicated Right-of-Way together with allowed incidental and accessory uses. The Project received approval as a Short Form Plat (no preliminary plat required) from the TOWN on August 5, 2013. B. It is agreed and understood by the parties hereto that the DEVELOPER has employed a civil engineer licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all public improvements and facilities described in Section II and covered by this AGREEMENT. Unless otherwise specified herein, such plans and specifications shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage and Utility Improvements" and the North Central Texas Council of Governments’ (NCTCOG) Standard Specifications for Public Works Construction, as presently adopted. C. The DEVELOPER shall award its own construction contract for the construction of all PROJECT street, sanitary sewer, and other drainage public improvements and facilities for the completion of the Project. The DEVELOPER agrees to employ a construction contractor(s) who is approved by the TOWN, said contractor(s) to meet TOWN and statutory requirements Town Council Packet 168 of 230 August 5, 2013 for being insured, licensed and bonded to perform work in public rights-of- way and to be qualified in all respects to bid on public streets and public projects of a similar nature. The DEVELOPER agrees to submit contract documents to the TOWN and participate in a pre-construction meeting with the TOWN and all DEVELOPER contractors. D. Prior to the execution of this Agreement, the commencement of construction, the filing of the Final Plat, or the issuance of any building permits, the DEVELOPER shall present to the TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting the requirements of Chapter 2253 of the Texas Government Code. Each bond shall individually guarantee and agree to pay an amount equal to one hundred percent (100%) of the value of the construction costs (as determined by the TOWN Engineer) for all public improvements and facilities to be constructed by or on behalf of the DEVELOPER for the Project. Any surety company through which a bond is written shall be a surety company duly authorized to do business in the State of Texas, provided that the TOWN, through the Town Attorney, shall retain the right to reject any surety company as a surety for any work under this or any other DEVELOPER’S AGREEMENT regardless of such Company’s authorization to do business in Texas. Approvals by the TOWN shall not be unreasonably withheld or delayed. 1) As an alternative to providing a surety bond for performance and a surety bond for maintenance as specified hereinabove, DEVELOPER may provide financial assurances for performance and maintenance in the form of a cash deposit, a certificate of deposit, or irrevocable letter of credit. Provided however, that such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. 2) As an alternative to the DEVELOPER providing a performance bond, payment bond, and maintenance bond, as specified above, DEVELOPER may provide financial assurances for performance, payment and maintenance from a single general contractor for the Project, provided that such assurances meet all other requirements specified hereinabove and the TOWN is named as a dual obligee on each such bond. Additionally, such alternative financial assurances shall only be allowed if each meets all requirements specified in Section 7.2 of the Town of Trophy Club Subdivision Regulations. All such alternative financial assurances must be on forms approved by the Town Attorney. E. The performance bond(s) shall be submitted in statutory form guaranteeing the full and faithful completion of the facilities and improvements required under this Agreement for completion of the PROJECT to the TOWN and provide for payment to the TOWN of such amounts up to the total remaining Town Council Packet 169 of 230 August 5, 2013 amounts required for the completion of the PROJECT if the work is not completed as required hereunder. F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of all labor and material costs of the Project and shall be furnished solely for the protection of all claimants supplying labor and material in the performance of the work provided for under this AGREEMENT. The maintenance bond(s) shall guarantee the payment of any and all necessary maintenance of the Project for a period of two (2) years following acceptance of the public improvements and facilities by the TOWN, in an amount equal to one hundred (100%) percent of the value of the construction costs of all the public improvements and facilities to be constructed under this Agreement in respect to the Project. G. Any guarantee of performance, maintenance, or payment instrument (e.g., performance bond, payment bond, maintenance bond, letters of credit, and/or cash deposit or the like) (individually a “Guarantee” or collectively the “Guarantees”) submitted by or through the DEVELOPER on a form other than the one which has been previously approved by the TOWN as "acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S expense, and construction of the Project shall not commence until the Town Attorney has approved such Guarantees. Approval by the TOWN (and the Town Attorney) shall not be unreasonably withheld or delayed. All such Guarantees shall be maintained in full force and effect until such time as the DEVELOPER has fully complied with the terms and conditions of this AGREEMENT as agreed to in writing by the TOWN, and failure to keep same in force and effect shall constitute a breach of this AGREEMENT. Failure to maintain performance and payment Guarantees meeting the requirements of this AGREEMENT shall result in a stop work order being issued by the TOWN. Additionally, all Guarantees furnished hereunder which expire prior to the completion of construction or applicable warranty periods shall be renewed in amounts designated by the TOWN and shall be delivered to the TOWN and approved by the TOWN on or before the tenth (10th) banking day before the date of expiration of any then existing Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN within the time prescribed herein, such failure shall constitute a breach of this AGREEMENT and shall be a basis for the TOWN to draw on all or any portion of any existing Guarantee in addition to any or all other remedies available to the TOWN. The DEVELOPER further agrees to release and forever hold the TOWN harmless from any losses, damages and/or expenses incurred by the DEVELOPER for any delays due to the TOWN'S review of any Guarantee which is in a form other than one which has been previously approved by the TOWN. The TOWN requires the DEVELOPER to have all Guarantee forms approved prior to the commencement of work and construction of improvements. Town Council Packet 170 of 230 August 5, 2013 H. It is further agreed and understood by the parties hereto that upon acceptance thereof by the TOWN of all public improvements and facilities as described in Section II of this Agreement, title to all such improvements and facilities shall be vested in the TOWN, and the DEVELOPER hereby relinquishes any right, title, or interest in and to such improvements and facilities or any part thereof. It is further understood and agreed that until the TOWN accepts such improvements and facilities, the TOWN shall have no liability or responsibility with respect thereto. Acceptance of the improvements and facilities shall occur at such time as the TOWN, through its TOWN Engineer, provides the DEVELOPER with a written acknowledgment that all improvements and facilities are complete, have been inspected and approved and are being accepted by the TOWN. I. The DEVELOPER’S Engineer has prepared detailed estimates of $774.701.80 for the cost of public improvements and facilities for this Project. The detailed cost estimates are a part of this AGREEMENT and are attached hereto as "Attachment A" and incorporated herein. The TOWN shall not accept any construction improvements outside of the Project and the two (2) year warranty for such improvements shall not commence until all construction activities are completed and accepted by the TOWN. J. Upon TOWN’S approval and acceptance of the final plat and the engineering plans, the final plat shall be recorded with the County Clerk of Denton County. No building permits shall be issued for any lots in the Isle of Turnberry addition until the final plat of this Project is filed in Denton County and the public improvements and facilities specified herein are completed and accepted by the TOWN. K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major subcontractors) and TOWN, as well as any other third party deemed necessary by the TOWN, shall participate in a pre-construction conference prior to the initiation of any work. At or prior to the pre-construction meeting, DEVELOPER shall provide the TOWN with the following documents: 1) Two (2) copies of all executed construction contracts; 2) List of all contractors/subcontractors and their project assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of approved construction plans and specifications. This list of contractors/subcontractors shall be updated within seven days of any changes. The DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written notice of his/her intent to commence construction of all public improvements and facilities, so that the TOWN, if it so desires, may have its representatives available to inspect the beginning and continuing progress of all work. DEVELOPER shall submit all documentation evidencing that each of the Guarantees required under this Agreement have been provided and all required insurance has been obtained prior to the pre-construction meeting. Town Council Packet 171 of 230 August 5, 2013 L. The DEVELOPER agrees to notify all contractors and subcontractors working on the PROJECT that all their work is subject to inspection by a TOWN Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the PROJECT. M. Should any work or construction of improvements or facilities on the PROJECT which has not been contemplated in the current construction documents (plans and specifications), the plat, or this AGREEMENT, become necessary due to site conditions, then the DEVELOPER shall be required to contact in writing (with a copy to the TOWN of Trophy Club), the TOWN Engineer to determine how such work or construction should progress. The DEVELOPER further agrees to follow all reasonable recommendations and requirements imposed by the TOWN Engineer in such instance. (Addresses for points of contact are as follows:) Town of Trophy Club Teague, Nall & Perkins Mike Slye, Town Manager Tom Rutledge, Town Engineer 100 Municipal Drive 1100 Macon Street Trophy Club, Texas 76262 Fort Worth, Texas 76102 Phone: 682-831-4600 Phone: 817-336-5773 Fax: 817-491-9312 Fax: 817-336-2813 Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnpinc.com N. The DEVELOPER agrees to cause all work and construction of improvements and facilities to be stopped upon twenty-four (24) hour notification from the TOWN Engineer of nonconforming improvements, including the materials used and the methods of installation. The DEVELOPER further agrees to correct all nonconformities in accordance with the TOWN Engineer’s instructions. O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT, until all construction in respect to the PROJECT required in Section II is complete and the TOWN has approved and accepted the work and improvements in respect thereof. The DEVELOPER understands that the TOWN shall issue no building permits for improvements on any lot in the Project until all public improvements and facilities in respect to the Project are completed in accordance with this Agreement. Further, DEVELOPER agrees to inform all persons or entities purchasing the lots or any interest in the lots that TOWN shall not issue any building permits until all public improvements and facilities are completed in accordance with this Agreement. Town Council Packet 172 of 230 August 5, 2013 P. After completion and prior to acceptance of all work, the DEVELOPER must furnish to the TOWN an affidavit of all bills paid. II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED A. The following public improvements and facilities are to be constructed and completed in accordance with the approved plans and specifications as described in Attachment “B”: 1) Water Distribution System Line Improvements. 2) Drainage. 3) Street Paving. 4) Landscaping: Tree Mitigation of 199.5 caliper inches within Neighborhood 4 Common Areas 1, 14 and 15. Minimum tree size to be 3” caliper. 5) Signs – Shall comply with Sign Regulations. 6) Walkways – part of bridge and extended from Neighborhood 4. 7) Street Lights. 8) Prior to commencement of construction of bridge, construct temporary golf cart path to provide alternate access for golf course users. Submit appropriate documents to the Town to evidence the property owner’s consent. 9) Turnberry HOA to own and maintain Common Area 1 on Veranda Avenue plat. B. Other. 1. Bench marks to be located as shown on the approved plans. 2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted to the TOWN within two (2) months following the acceptance of the public improvements and facilities. 3. Testing The DEVELOPER shall provide all geotechnical and materials tests required by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in accordance with Section 7.03 of Article 7, Chapter 12 of the TOWN ’s Code of Ordinances. Such tests shall be conducted by an independent laboratory acceptable to the TOWN. Town Council Packet 173 of 230 August 5, 2013 4. Permits The DEVELOPER shall pay a Community Facilities inspection fee in the amount of $38,735.09 (5% of $774,701.80) to cover the cost of TOWN inspection fees as related to the construction of the Project. The DEVELOPER shall also be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule of Fees, as may be amended from time to time, including but not limited to actual costs incurred by the Town for the services of a third party engineer, inspector, or other consultant retained by the Town to provide technical assistance, review plans, and/or perform inspections as determined necessary by the Town relative to the construction and final acceptance of the bridge. (See Chapter 1 Administration, Article VIII Schedule of Fees, Section 8.03 Community Development Department, N. Inspections.) The DEVELOPER shall be responsible for obtaining any other permits which may be required by other federal, state or local authorities. The TOWN intends to retain outside services for inspection and other services related to bridge design and construction to ensure compliance with Town regulations and engineering requirements. DEVELOPER shall pay actual costs of such outside services as required by TOWN’S Fee Schedule. 5. Planned Development District No. 27. DEVELOPER shall construct and maintain all improvements in accordance with the TOWN approved Planned Development District No. 27 and all TOWN approved amendments thereto in addition to all other TOWN ordinances. III. GENERAL PROVISIONS A. The DEVELOPER agrees to furnish and maintain at all times prior to the TOWN’S final acceptance of the public improvements and community facilities for the Project, an owners protective liability insurance policy naming the TOWN as insured for property damage and bodily injury in the amounts. Coverage shall be on an “occurrence” basis and shall be issued with a combined bodily injury and property damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate. B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County, Texas. C. Approval by the TOWN Engineer of any plans, designs or specifications submitted by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be deemed to be a release of the responsibility and liability Town Council Packet 174 of 230 August 5, 2013 of the DEVELOPER, his engineer, employees, officers or agents with respect to the construction of any of the PROJECT’S improvements or facilities, or for the accuracy and competency of the PROJECT’S improvements and facilities design and specifications prepared by the DEVELOPER'S consulting engineer, his officers, agents, servants or employees, it being the intent of the parties that the approval by the TOWN Engineer signifies the TOWN'S approval on only the general design concept of the improvements and facilities to be constructed. The DEVELOPER shall release, indemnify, defend and hold harmless the TOWN, its officers, agents, servants and employees, from any demands, actions, causes of action, obligations, loss, damage, liability or expense, including attorneys fees and expenses, on account of or with respect to damage to property and injuries, including death, to any and all persons which may arise out of or result from any defect, deficiency or negligence in the construction of the PROJECT’S public improvements and facilities or with respect to the DEVELOPER'S Engineer’s designs and specifications incorporated into any improvements and facilities constructed in accordance therewith, and the DEVELOPER shall defend at his own expense any suits or other proceedings brought against the TOWN, its officers, agents, servants or employees, or any of them, on account thereof, and pay all expenses and satisfy all judgments which may be incurred or rendered against them or any of them in connection herewith. All responsibility and liability for drainage to adjacent and downstream properties from development of this PROJECT shall accrue to the DEVELOPER. D. Liability for construction. The DEVELOPER, its successors, permittees, permitted assigns, vendors, grantees and/or trustees do hereby fully release and agree to indemnify, hold harmless and defend the TOWN, its officers, agents, servants and employees from all losses, damage liabilities, claims, obligations, penalties, charges, costs or expenses of any nature whatsoever, for property damage, personal injury or death, resulting from or in any way connected with this contract or the construction of the improvements or facilities or the failure to safeguard construction work, or any other act or omission of the DEVELOPER or its contractors or subcontractors, their officers, agents, servants or employees related thereto. E. Final Acceptance of Infrastructure. The TOWN shall not issue a Letter of Acceptance until all public facilities and improvements are completely constructed (Final Completion) to the satisfaction of the TOWN Engineer or his agent. However, upon Substantial Completion, a “punch list” of outstanding items shall be presented to the DEVELOPER’s contractor(s) indicating those outstanding items and their deficiencies that need to be addressed for Final Completion of the Improvements. Town Council Packet 175 of 230 August 5, 2013 F. Neither this Agreement nor any part hereof or any interests, rights, or obligations herein, shall be assigned by the DEVELOPER without the express written consent of the TOWN Council. G. All work performed under this AGREEMENT shall be completed within eighteen months from the date hereof. In the event the work is not completed within the eighteen (18) month period, the TOWN may, at its sole election, draw down or otherwise exercise it rights under or with respect to any Guarantee provided by the DEVELOPER and complete such work at DEVELOPER'S expense; provided, however, that if the construction under this AGREEMENT shall have started within the eighteen (18) month period, the TOWN may agree to renew the AGREEMENT with such renewed AGREEMENT to be in writing and in compliance with the TOWN policies in effect at that time. Notwithstanding the foregoing, in the event that the performance by either party of any of its’ obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and not occasioned by the conduct of either party hereto, whether such occurrence be an act of God or the common enemy or the result of war, riot, civil commotion, or sovereign conduct, then upon written notice of such occurrence, such party shall be excused from performance for a period of time as is reasonably necessary after such occurrence to remedy the effects thereof, and each party shall bear the cost of any expense it may incur due to the occurrence. H. This Developer’s AGREEMENT shall be construed in accordance with the Town of Trophy Club, Texas Subdivision Regulations and all other applicable ordinances. Any conflicts between the provisions of this Developer’s AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances, and State and Federal law, shall be construed in favor of the TOWN’s ordinance(s) as allowed by law, subject to Chapter 245 of the Local Government Code. To the extent that any such conflict exists, only that portion of the Developer’s AGREEMENT which is in conflict shall be severable from the other provisions of the AGREEMENT, and such conflict shall in no manner affect the validity or enforceability of the remaining provisions. I. All rights, remedies and privileges permitted or available to the TOWN under this AGREEMENT or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the TOWN in the enforcement of any such right, remedy or privilege, shall not constitute a waiver of such right, remedy or privilege by the TOWN. A default under this Agreement by the TOWN shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by the TOWN. Town Council Packet 176 of 230 August 5, 2013 SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: STANDARD PACIFIC OF TEXAS, INC. Date: ______________ Signature Printed Name TOWN OF TROPHY CLUB, TEXAS Date: ______________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Amy Piukana, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Packet 177 of 230 August 5, 2013 T o w n C o u n c i l P a c k e t 1 7 8 o f 2 3 0 A u g u s t 5 , 2 0 1 3 T o w n C o u n c i l P a c k e t 1 7 9 o f 2 3 0 A u g u s t 5 , 2 0 1 3 T o w n C o u n c i l P a c k e t 1 8 0 o f 2 3 0 A u g u s t 5 , 2 0 1 3 T o w n C o u n c i l P a c k e t 1 8 1 o f 2 3 0 A u g u s t 5 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-423-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/11/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding Ordinance 2013-18 P&Z amending the Town’s Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center; providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Attachments: Action ByDate Action ResultVer. Planning & Zoning Commission7/18/2013 1 Consider and take appropriate action regarding Ordinance 2013-18 P&Z amending the Town’s Comprehensive Zoning Ordinance and the Town's Official Zoning Map by changing the zoning on a 8.286 acre tract of land located generally to the north of State Highway 114, west of Trophy Wood Drive, south of Valley Wood Court and Hillcrest Court South from its current zoning of "CG" Commercial General to PD Planned Development No. 34, Trophy Wood Commercial Center; providing a penalty not to exceed $2,000 for each violation; providing for publication; and providing an effective date. Ordinance 2013-18 P&Z and Exhibits A, B, and C are included with the Public Hearing request, Agenda Item 2013-422-T. Town Council Packet 182 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-445-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding a Resolution of the Town Council approving standards for Town Employee paid leave; authorizing the Town Manager to implement administrative policies reflecting the approved standards; providing that the standards shall become effective October 1, 2013; and providing an effective date. Attachments:Res 2013-21 Sick and Paid Leave Policy.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council approving standards for Town Employee paid leave; authorizing the Town Manager to implement administrative policies reflecting the approved standards; providing that the standards shall become effective October 1, 2013; and providing an effective date. Town Council Packet 183 of 230 August 5, 2013 TOWN OF TROPHY CLUB RESOLUTION NO. 2013-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING STANDARDS FOR TOWN EMPLOYEE PAID LEAVE; AUTHORIZING THE TOWN MANAGER TO IMPLEMENT ADMINSITRATIVE POLICIES REFLECTING THE APPROVED STANDARDS; PROVIDNG THAT THE STANDARDS SHALL BECOME EFFECTIVE BEGINNING FISCAL YEAR 2013-2014; AND PROVIDING AN EFECTIVE DATE. WHEREAS, pursuant to the Town’s home rule Charter, the Town Council has the authority to adopt the Town budget; and WHEREAS, the Town Manager serves as the Town’s Chief Administrative Officer and is responsible to direct and supervise the administration of all departments within the Town; and WHEREAS, the Town Manager establishes administrative policies consistent with the Council approved budget and the overall goals and strategies of the Town Council; and WHEREAS, Town employees are governed by personnel policies regulating terms of employment, standards of conduct and employment benefits; and WHEREAS, the Town Manager has proposed certain changes to the standards for Town employee paid leave relative to the accrual and usage of paid sick, holiday, and vacation leave; and WHEREAS, the changes proposed by the Town Manager will have a budgetary impact; and WHEREAS, Town Council has reviewed the proposed changes to the paid sick, holiday and vacation leave policies and finds that the recommended changes are reasonable and fiscally prudent and finds that the budgetary impact is acceptable; and NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals are hereby approved and incorporated herein as findings. Town Council Packet 184 of 230 August 5, 2013 Section 2. That the Town Council having determined that the budgetary impact of the following proposed changes to the sick, holiday and vacation leave policy for Town employees is reasonable and fiscally prudent, does hereby authorize the Town Manager to implement administrative policies consistent with the following approved sick, holiday, and vacation standards: Vacation Leave FY 2013-2014 (Effective October 1, 2013) • Vacation will be accrued per pay period rather than credited upfront in October of each year. • Maximum allowable accrual of vacation leave will be two times annual accrual. Actual number of accrued vacation hours permitted will depend on the number of vacation hours each employee earns per year based upon years of service. Vacation leave shall cease when an employee’s vacation leave balance reaches the maximum accrual. • No “sell back” option during FY 2013-2014. • Employees with at least one (1) year of service, who separate in good standing, shall be paid for any unused accrued vacation leave. Vacation Leave FY 2014-2015 (Effective October 1, 2014) • Vacation will be accrued per pay period rather than credited upfront in October of each year. • Maximum allowable accrual of vacation leave will be one and one-half times annual accrual. Actual number of accrued vacation hours permitted will depend on the number of vacation hours each employee earns per year based upon years of service. Vacation leave shall cease when an employee’s vacation leave balance reaches the maximum accrual. • After successfully completing twenty-four (24) months of active service, employees have the option to “sell back” up to five (5) vacation days per fiscal year in full day increments at their current rate of pay. • Employees with at least one (1) year of service, who separate in good standing, shall be paid for any unused accrued vacation leave. Holiday Leave • Nine and a half (9 ½) holidays as opposed to nine (9) holidays. Added one-half day to allow offices to close at noon the Wednesday before Thanksgiving. • Holiday compensation checks for Police and Fire Services will be issued on the Wednesday before Thanksgiving each year instead of in December of each year. • Eight (8) hour personal day will be credited on October 1st of each year. Personal day must be used in the fiscal year that it is issued or it will be lost. Town Council Packet 185 of 230 August 5, 2013 Sick Leave Changes • Regular full-time employees shall accrue sick leave at the rate of 10 days per year up to a maximum of 520 hours. Fire shift personnel working 24 hour shifts shall accrue sick leave at the rate of 5 shifts per year, with a maximum of 780 hours. Sick leave accruals shall cease when an employee’s sick leave balance reaches the maximum accrual. • Sick leave bank - Full-time employees may donate eight (8) hours (twelve (12) hours in the case of 24-hour firefighters) accrued sick leave hours per calendar year to the sick bank. The donation will be made on October 1st of each year. Employees can elect to participate in the sick bank at open enrollment each year. If an employee elects not to participate in the sick leave bank they will not be eligible to receive the benefits of the sick bank if needed. Each employee requesting donations from the sick leave bank will be considered on an individual basis with a cap of eighty (80) hours per calendar year. Section 3. That the Town Personnel Policy shall reflect the foregoing standards effective October 1, 2013. Section 4. That this Resolution shall become effective immediately upon passage and approval, and it is so resolved. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THIS 5TH DAY OF AUGUST, 2013. ________________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: __________________________________ Amy Piukana, Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council Packet 186 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-447-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding appointment of a Board Member to Serve on the Denco 9-1-1 Board. Attachments:DENCO Staff Report.pdf Supporting Docs.pdf Denco Res 2013-22.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding appointment of a Board Member to Serve on the Denco 9 -1-1 Board. Town Council Packet 187 of 230 August 5, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen and Chief Thomas CC: Mike Slye, Town Manager Re: Denco Area 911 Nomination ___________________________________________________________________ Agenda Item: Consider and take appropriate action to vote to appoint one candidate from a slate of candidates nominated by members of the Denco Area 9-1-1 District to the Denco Area 9-1-1 District Board of Managers. Explanation: The Denco Area 9-1-1- District has requested that member cities in the District cast a vote for one candidate from a slate of candidates nominated by participating members. This slate of candidates and their resumes will be found in the attachments. The candidate who receives the most votes will become a member of the District Board of Managers and serve for two years, beginning October 1st. Attachments: Letter from Mark Payne, Executive Director of Denco Area 9-1-1 District with enclosures. Town Council Goals: Provide superior Emergency Services Create a positive regional identity Enhance citizen volunteer opportunities Forge collaborative relationships with other governmental and public entities Recommendation: Management recommends that Council cast one vote for Sue Tejml. Town Council Packet 188 of 230 August 5, 2013 Denco Area 9-'-' District 1075 Princeton Street • Lewisville, TX 75067 • Mailing: PO BOX 293058 • Lewisville, TX 75029-3058 Phone: 972-221-0911 • Fax: 972-420-0709 TO: Denco Area 9-1-1 District Participating Jurisdictions FROM: Mark Payne, Executive Director NP DATE: July 16. 2013 RE: Appointment to the Denco Area 9-1-1 District Board of Managers On May 9, 2013, the Denco Area 9-1-1 District requested participating cities to nominate a representative to the district board of managers. The following nominations were received by the July 15, 2013 deadline: Nominee City/T own Making Nomination Karl Hammond Lake Dallas Charla Marchuk Shady Shores Tom Newell Corinth Joe Perez The Colony Sue Tejml Copper Canyon Double Oak Northlake Sanger Bert Witherspoon Krum The Denco Area 9-1-1 District requests that each participating city vote for one of the candidates and advise the district of its selection prior to 5 p.m. September 11, 2013. Please send a copy of the resolution recording council action. Enclosed is a sample resolution you may wish to use and resumes for the candidates. Also enclosed is a copy of the resolution outlining board appointment procedures and a list of current board members. Please mail your response to Denco Area 9-1-1 District, P.O. Box 293058, Lewisville, TX 75029-3058 or fax it to 972-353.6353. You may also email your response to Andrea Zepeda, Executive Assistant at andrea.zepeda@denco.org. Thank you for your assistance in this matter. Enclosures www.denco.org Town Council Packet 189 of 230 August 5, 2013 Council Resolution No. _______ A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9·1·1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY I TOWN OF TEXAS:I Section 1 The City I Town of hereby votes for ~__~~__~as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ________• 2013. Mayor __________________ City I Town of ____________ ATTEST: APPROVED AS TO FORM: City I Town Secretary City I Town Attorney Town Council Packet 190 of 230 August 5, 2013 -------Council Resolution No. A RESOLUTION APPOINTING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY I TOWN OF ,TEXAS: Section 1 The City I Town of hereby votes for ________as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. Section 2 That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the __day of ________, 2013. Mayor ________________________ City I Town of ___________________ ArrEST: APPROVED AS TO FORM: City I Town Secretary City I Town Attomey Town Council Packet 191 of 230 August 5, 2013 1999 DENCO AREA 9-1-1 DISTRICT RESOLUTION DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS. WHEREAS. Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District Board of Managers to have "two members appointed jointly by all the participating municipalities located in whole or part of the district."; and WHEREAS, each member serves a term of two years beginning on October 181 of the year member is appointed; and WHEREAS. one member representing partiCipating municipalities is appointed each year. NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF MANAGERS: The procedure for partiCipating municipalities to appoint a representative to the Denco Area 9-1-1 District Board of Managers shall be the following: 1. Prior to May 15th of each year, the executive director shall send a written notice to the mayor of each partiCipating municipality advising that nominations are open for one of the municipal representatives to the DencoArea 9-1-1 District Board of Managers until July 15th of that same year. The notice shall advise the mayors that. for a nomination to be considered, written notification of council action must be received at the Denco office prior to 5:00 p. m. on July 15th of that year. No nominations shall be considered after that time. 2. On July 16th of each year. the executive director shall send written notice to the mayor of each participating municipality providing the slate of nominees to be considered for appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning October 1st . The notice shall advise the mayor that the city council shall vote, by resolution from such city, for one of the nominees. Written notice of the council's selection must be received at the district office by 5:00 p.m. on September 15th , No notice will be accepted after that time. 3. The one nominee with the most votes received by the deadline will be the municipality representative appOinted for the two-year term beginning October 1 ai. 4. If there is a tie between two candidates with the most votes, a runoff election will be held immediately with the candidate receiving the most votes serving the remainder of the term. The incumbent representative shall serve in that positio until replaced. APPROVED and ADOPTED on this 4th day of Februa Town Council Packet 192 of 230 August 5, 2013 Denco Area 9-1-1 District Board of Managers FY2013 Jack Miller, Chairman • Appointed by Denton County Commissioners Court • Member since October 2000 • Term expires September 2014 • Former mayor and council member of Denton • Self-employed as a human resource manager Olive Stephens, Vice Chair • Appointed by member cities in Denton County • Member since 1987 • Term expires September 2013 • Former Mayor, Town of Shady Shores Chief Terry McGrath, Secretary • Appointed by Denton County Fire Chiefs Association • Member since October 2011 • Term expires September 2013 • Assistant Fire Chief, City of Lewisville Harlan Jefferson • Appointed by member cities in Denton County • Member since November 1998 • Term expires September 2014 • Town Manager, Town of Flower Mound Bill Lawrence • Appointed by Denton County Commissioners Court • Member since October 2006 • Term expires September 2014 • Former Mayor of Highland Village • Businessman, Highland Village Rob McGee • Non-voting member appointed by largest telephone company (Verizon) • Member since 2012 • Serves until replaced by telephone company • Manager, Region Network Reliability, Verizon All voting members serve two-year terms and are eligible for re-appointment. S:\Admin\Board ofManagers\Board of Managers General Inforrnation\Denco Board Roster FY20I3.doc Town Council Packet 193 of 230 August 5, 2013 Karl Hammond 5427 Kings Manor Lake Dallas, Texas 75065 Cell Phone: (940) 594-7052 politicalman68@yahoo.com khammond@lakedallas.com ObJective Obtain a position in management or sales, where I may maximize my experience with a progressive company. Summary Offering nearly 23 years of experience and a comprehensive knowledge of sales, inventory, accounts receivables and accounts payable, shipping/receiving, managerial skills, and the local market. Work History 2012-Now ASSEMBLY, Tractor Supply Co.; Denton, TX 2011-Now COUNTERMAN, NAPA Auto Parts Inc.; Coppell. TX 2010-Now OVERNIGHT STOCKER, Toys R Us Inc.: Lewisville, TX 2004-2008 STORE MANAGER, Jamieson Fence Supply Co.; Dallas, TX 1998-2004 CaMMER/CAL SALES MANAGER, O'Reilly Auto Parts Inc.; Lewisville, TX 1994-1998 STORE MANAGER, Parts Plus Inc.lBig A Auto Pans Inc.; Carro/lton, TX 1990-1994 COUNTERMAN, Parts Plus Inc. and PARTS DRIVER, Parts Plus Inc.; Denton, TX 198~ 1993 GUNNER'S MATE, UniledSlates Navy Education 1999 Associate of Arts, NORTH CENfRAL TEXAS COLLEGE 1994 Associate of Science, NORTH CENTRAL TEXAS COLLEGE 1986 High School Diploma, DENTON HIGH SCHOOL Town Council Packet 194 of 230 August 5, 2013 Karl Hammond Licenses and Certificates ASE Certified Parts Specialist Group One Insurance Agent; Life, Home, and Auto Awards Received Numerous Sales Achievement Awards Sales Course Certificates Management Course Certificates Texas Governor's Leadership Camp, TANG 1985 Over 200 CEU hours from Texas Municipal League Leadership Experience Current: Council Member Place 5 of the City of Lake Dallas Chairman of the Lake Dallas Community Development Corporation Treasurer of the Lake Cities Library Board of Directors Member of Denton County Republican Men's Club Member of The Church ofCorinth Member of the American Legion Previous: Mayor Pro-Tem of the City of Lake Dallas Member of the Lake Dallas Planning and Zoning Commission Member of the Lake Dallas Economic Development Corporation Vice-Chairman ofthe Lake Dallas Parks and Recreation Board Scout Leader with the Boy Scouts of America: Troop 424 and 1171 Founding Member of the Citizen Patrol of the City of Lake Dallas Town Council Packet 195 of 230 August 5, 2013 Charla Kay Marehuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk@Shady-Shores.com QUALIFICATIONS: • Over thirteen years of experience in organization and coordination • Certified Floodplain Manager since 2009 • Strong communication, presentation and time management skills • Proven success in providing customer service; able to resolve complaints of upset or difficult customers • Over ten years experience in leadership roles, skillful coordinating and overseeing people in group focused projects • Trained to manage both the planning and implementation of both compliance and ethical strategies necessary for sustaining the urban environment • Experience and training utilizing GIS programs: ArcGIS and MapInfo WORK EXPERIENCE: RSC NFIP Lead (2009-Present) URS Corporation RAMPP Team 723 S. I-35E, Suite 230 Denton, Texas 76205 .Receives inquiries, directly or via transfer from the FEMA regional office and FEMA Headquarters and directly respond to such inquiries or, as necessary, refer them to another appropriate location. eResponds timely and in an accurate manner to Congressional inquiries and FOIAs received from the Risk Analysis Division Region 6. • Researches history and prepares well written responses to inquiries and ensure that technical information is explained in an easy to understand manner . • Coordinates information and responses with FEMA divisions, headquarters and other subject matter experts . •Ensures that sensitive information received from both Region 6 and Headquarters is protected from unauthorized disclosure . •Ensures that congressional staff members are treated fairly and that disseminated information is accurate and complete . • Provides technical assistance and advisory solutions to problems related to the NFIP as received by telephone, correspondence, media, personal visits from individuals, groups, community leaders, Congressional requests, and various Federal and State Officials. ePerforms as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIP. eUtilizes various government databases (Mapping Information Platform, Community Information System, and Map Service Center) to perform initial review of federal appeals and protests. eConducts outreach to NFIP stakeholders in support of the insurance and floodplain management objectives of the NFIP and provide support to the FEMA Regional Office. Technical Analyst n (2007-2009) Michael Baker Corporation 101 South Locust, 3n1 Floor Denton, Texas 76201 • Conducted, as assigned and needed, Community Coordination meetings with local government officials/public to explain the results of the Flood Insurance Rate Map and Flood Insurance Study Process. • Established good working relationships with the FEMA Regional and HQ Staff. • Supported pre-and post-flood activities for the FEMA Regional office • Assisted local floodplain coordinators on ordinance requirements and compliance issues relating to the NFIP. • Provided assistance to stakeholders in the use ofNFIP modernized systems including providing support to local floodplain administrators. e Coordinated insurance-related inquiry processing. Town Council Packet 196 of 230 August 5, 2013 Charla Kay Marchuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk@Shady-Shores.com • Coordinated with and provided outreach support to FEMA Region 6 NFIP staff, including informative presentations. • Perfonned as a liaison contact for communities regarding their appeal/protest status and assisted with procedural questions and questions directly related to the NFIP. • Performed as the Lead over the Appeals and Protests Section in the Post Preliminary Group -responsibilities include tracking data and coordinating tasks with other personnel as well as assisting FEMA personnel by contacting communities and individuals on their behalf. • Coordinated between the Post Preliminary, GIS and Engineering Departments on several projects for the FEMA Map Modernization Program. Played an active role in data processing and organization between departments. Intern, Emergency Management Office (0612007-10/2007) City of Irving 825 W.lrving Blvd Irving, Texas 75060 • Assigned to update Annex C of the City of Irving's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. • Represented local government at orientation and planning meeting for large, full-scale multi-jurisdictional Tactical Interoperability Emergency Exercise at Texas Stadium. • Assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. • Prepared and presented community outreach presentations to special needs citizen groups about emergency preparedness. • Reevaluated local cooperative agreements with various non-profit and federal groups in accordance to the City of Irving's Emergency Operations Plans. Communications Dispatcher II (1999-2007) City of Irving 825 W. Irving Blvd Irving, Texas 75060 • Daily answered and processed 911/administrative telephone calls via 1.5 million dollar computer aided dispatch system; routed customer calls through a PBX environment for the city. • Routinely compiled daily information and offense reports in regards to stolen property, missing persons, protective order applications and property crimes throughout the city from citizens. • Daily conducted computer searches throughout local, state and national databases (NCIC and TCIC) for possible wanted persons and stolen property. • Daily contacted other agencies to confirm stolen/recovered property and persons by way of phone contact or teletype messages utilizing the National Law Enforcement Telecommunications System (NLETS). • Actively participated in back up PSAP (public safety answering point) exercise drills. • Designed weekly/daily lesson plans based on objectives from departmental guidelines and standard operating procedures. EDUCATION: • University of North Texas, Denton, Texas (2006-2008) Bachelor's of Science: Emergency Administration and Planning Minor: Geography • Dallas County Community College (1998-2006) • Associates Degree -Applied Science • High School Diploma, Mid-Del Christian High School, Del City, Ok Valedictorian VOLUNTEERlCMC GROUPS: 2 Town Council Packet 197 of 230 August 5, 2013 Charla Kay Marchuk, CFM 120 Mustang Trail, Shady Shores, TX 76208 Charla.Marchuk@Shady-Shores.com • Floodplain Administrator, Town of Shady Shores, Texas (2013) • Planning and Zoning Committee, Town of Shady Shores, Texas (Member 2009-2013) (Chairman 2013-present) • University of North Texas Mortar Board Vice-President 2008 • Guest Speaker at the North Texas Municipal Jail Association: "Detention Facilities and Emergency Management" • Guest Speaker at the Irving MS Support Group meeting: "Emergency Management and Special Populations" PERTINENT COLLEGE CLASSES: Federal Government and Disasters Technology in Emergency Management FEMA National Flood Insurance Program ARC GIS Introduction Course Introduction to Emergency Management Disaster Response and Recovery Hazard Mitigation and Preparedness Disaster Preparedness and Management Introduction to Planning MapInfo GIS Software JOB RELATED TRAINING: • FEMA NIMS IS-I00 Introduction to Incident Command System • FEMA NIMS IS-700 NJMS Introduction • FEMA NIMS IS-200 ICS for Single Resources and Initial Action Incidents 3 Town Council Packet 198 of 230 August 5, 2013 Charla first became interested in emergency management after taking a beginner CPR and First Aid course in 1995 while pregnant with her flTSt child. This interest led to her certifiying as an Emergency Medical Technican Basic (EMT-B) and her first volunteer role working on an ambulance as a team member of the Jacksonville North Carolina Volunteer Rescue Squad. In 1999 Charla went to work as a Police Dispatcher and 911 Operator for the City of Irving. She participating in several PSAP exercises/upgrades and went on to become a Police Communications Training Officer in 2003. While working at the City ofJrving -Charla participated in many high profile cases including the Christmas Eve Shooting by the of Irving Officer Aubrey Hawkins by the infamous "Texas Seven". Charla also received years oftraining as a police dispatcher including a number of topics including how to handle suicidal callers and Amber Alert Training put on by the Texas Department of Public Safety. In 2007, Charla also worked at the City of Irving's Emergency Management Office as an intern while attending the University of North Texas. She was assigned to update Annex C of the City of Irving's Emergency Operations Plan; Mass Shelter and Care; and verify NIMS compliance. She represented local government at orientation and planning meeting for large, full-scale multi-jurisdictional Tactical Interoperability Emergency Exercise at Texas Stadium and assisted in damage assessment of local jurisdiction properties during heavy rain events in 2007. In 2008, Charla graduated from the University of North Texas in 2008 with a degree in Emergency Administration and Planning with a minor in Geography. She went onto work as a contractor for the Federal Emergency Management Agency where she still works as part of the National Flood Insurance Program working specifically with the FEMA Region 6 Mitigation Division. In December of 2009, Charla moved to Shady Shores and expressed interest in joing the Planning and Zoning Committee. She was appointed to the committee in the spring of 201 0 and was voted Chairman by her peers in 2013. Charla also volunteers her time to her town as the designated Floodplain Administrator and has been actively engaging the Town in FEMA's DFW Discovery Meetings regarding the Elm Fork Watershed by bringing attention to local drainage outside of the FEMA designated Special Flood Hazard Area (SFHA) including low water crossings and potentia) evacuation routes within the Town's limits. Charla is a member ofthe Texas Floodplain Manager's Assocation and has been a Certified Floodplain Administrator since 2007. She has also given presentations to several groups including the North Texas Municipal Jail Assocation and the Irving MS Support Group regarding emergency management issues. Town Council Packet 199 of 230 August 5, 2013 Resume TomE. Newell Education • Master Peace Officer's certificate granted JWle 19,2001 • Bachelor of Applied Arts & Science (BAAS), North Texas State University (NTSU) now University of North Texas (UNT) in Denton on May 15, 1979. Major: Criminal Justice, Minor: Radio Television Film Engineering • Basic Peace Officer's certificate, gnKluation from the Regional Police Academy (North Central Texas Council ofGovemments) in September 1978 • Graduate ofPlano High School in May 1974 Employment • Quartermaster/Support Services Officer, UNT Police Department, Denton, July 2007 February 2012 (part-time position, maximum of 19 hours per week). RetiredlResigned Police Officer commission also in February 2012. • Retired full-time employment on January 31, 2007 after 32 years of State Service via the Texas Teacher Retirement System (TRS) • Director of Telecommunications, UNT Health Science Center, Fort Worth, 1996 -2007 • Assistant Director of Computing Services, Texas Women's University, Denton, February -August 1996 • Telecommunications Manager, UNT Denton, 1982 -1996. Worked directly with Denco 911 District to create UNT's 911 database and operating procedures. • Reserve Police Officer (unpaid) 1982 -2012, with several local departments • Police Officer, Plano Police Department, Plano, 1981 • Police Officer, Communications Supervisor, Support Services Officer (full-time positions) and Head Dispatcher & Dispatcher (part-time student positions), UNT Police Department, Denton, 1975 -1980 Leadership Roles. Committees & Volunteering • Denton Community Food Center, volunteer and 1ruck driver January 2007 to present. Became Member of Board of Directors in September 2007. Elected Chair of the Board of Directors effective January 2008. • American Red Cross, volunteer with local Disaster Assistance Team (DA T) and national Disaster Services Team, 2008 to present As of 7120 10 deployed on two national DRO's. • Our Daily Bread (local Soup Kitchen), Board of Directors and volWlteer, 2009 to present • Denton County Amateur Radio Association (DCARA), HAM Radio Operator, Technician Class license awarded 9-11-2008. Call Sign: KE5WI1 • CERT (Community Emergency Response Team) Certified September 2007. • North Texas Exes (UNT Alumni Association), Life Time Member 2005 and volWlteer/committee member for Denton Chapter events. • Middle Managers Committee, UNT Health Science Center, Fort Worth. Member 2000 2006. Chairman 2004 -2005. • Capital Campaign, UNT Health Science Center, Fort Worth. Team Captain and Steering Committee member 2004. • Employee Benefits & Action Committee, UNT Health Science Center, 2001 -2005. • Cowtown Marathon, Fort Worth, Course Monitor, 2000 -2005. • Annual Holiday Food Drive, UNT Health Science Center, Fort Worth, 2000 -2006. Town Council Packet 200 of 230 August 5, 2013 VOLUNTEER OPPORTUNITIES Citizens interested in being considered for appointment to a City Board, Commission or Committee may utilize this fonn or download the fann as well as the associated duties and responsibilities from the City website at www.cityofcorinth.com. Departments, City Secretary. Volunteer forms. All those wishing to serve must be ragisIenKI to vote in Corinth as well as have completed the six month residency requirement. All information provided to the City is subject to the Open Records Act I Texas Public Infonnation Act. Applicants name will be placed on the agenda for consideration. so forms must be submitted by the Friday prior to the next regularly scheduled council meeting in order to be considered for appointment Please sign and return this form to City Hall in a sealed envelope ATTN. Kim Pence City of Corinth. 3300 Corinth Parkway.Corinth, TX 76208 940-498-3200 Main line 940-498-7505 Fax Une Name (Please print): ~Ne.we.J\ Phone (h): '1%" Lf.9B· ((2&2 Address: 1729 V,,,tt~ or-Phone (work o~: '14o~3C;O-o&28 Address: E-Mail Address: 'TbmNe....:eU e my. u..1ft· edt..( Resident of Corinth since: 03/Zoo 5 (mmlyy) FAX (fi)w): cr'1O -LtC( 7-to 0 '(q Voter Registration 10#: loB<=t "-I\7f.>70 DOB: (I ." 2-' -l'iSS' Occupation or area of expertise: (Attach copy of resume or expertise summary): 1tle~~ It fu..~t Previous public service and entity served: Statt of W)(tlj) ~iln ~~\t.~ f«& C'-el\.'\tr -see ~4'h.J Have you ever attended any public meeting of the city?_..:.N..:.<:Io.<):....-___--:-__,-_____ Previous Civic involvement; position held, if any: N c 05 £CSl.:1t:tr~ !x-bt>ruJij On which of the following Boards, Commissions, or Committees do you have an interest in serving? If you have areas of multiple interests, please rate your preference for appointment consideration. All Committee appointments are at the discretion of the City Council. Board of Construction Appeals Parks and Recreation Commission Corinth Economic Development Corporation Planning and Zoning Commission Keep Corinth Beautiful Trails Committee Zoning Board of Adjustment Ethics Committee J1 Lake Cities Ubrary Board of Directors ~DfACQ 'tIl Dul~'t \S.ot'1-f't¥ Please use this space as well as the back to reply to the following: l. 2. 3. 4. 5. ':",A As a registered voter in the City of Corinth, I am interested in being considered for appOintment to City Boards, commiSSIO",.t!' Committees when a vacancy occurs. ~rzJ.R.M-~f/J' 1/712D I?> Signalure of Applicant Date The infonnation provided in this Application is we, correct and complete. If chosen for an appointment, any mis&tatemenIB, omlssion of fact. or failure to comply with aI1endance requiremenls may resuJt in tennilation ofthe appointment. REVISED June 2011 ) TIiANK YOU FOR YOUR INTEREST AND TIME Town Council Packet 201 of 230 August 5, 2013 Joseph G. Perez 4777 Memorial Drive Apt. 1262 The Colony, Texas 75056 918-798-6893 Education Northeastern State University Tahlequah, OK Conferred: May 2009 Bachelors of Arts in Political Science Empbasis: Public Administration Related Coursework: Public Personnel Administration, Public Finance and Budgeting, Administrative Theory and Behavior, Public Policy Analysis, Administrative Law, Organizational Communication. The University of Oklahoma Nonnan,OK Conferred: Summer 201] Masters of Public Administration Empbasis: Public Finance and Budgeting Related Coursework: lntro to Administrative Data, Human Resource Administration, Bureaucracy and Politics, Leading Public Organizations, Program Evaluation, Urban Management, State Public Policy Issues, Agenda Setting, State and Local Public Finance, Public Finance and Budgeting, Public Finance, Grant Writing Experience City of The Colony The Colony, TX April 2012-Present City Manager's Office Management Analyst • Responsible for perfonning a variety of analytical, administrative and operational responsibilities in support of the City Managers Office as well as coordinating special programs as assigned. Community hnage Department November 20JO-Apri12012 Community Image OffICer • Visually and physically inspect commercial properties within the city to ensure compliance with state and local codes and ordinances governing property maintenance. Volunteer Assistance Program Responsible for initiating and maintaining the Volunteer Assistance Program which is designed to aid citizens of The Colony who are unable to comply with city property maintenance codes because of financial, disability, or other hardship. Town Council Packet 202 of 230 August 5, 2013 Joseph G. Perez 4777 Memorial Drive Apt 1262 The Colony, Texas 75056 918-798-6893 City of Claremore Claremore, OK June 2009-November 20 J 0 Development Services Department Assistant City Planner Interpretation and Administration of: • Zoning Code • Land Development Code • Subdivision Regulations • International Property Maintenance Code Commissions and Boards • Provided ,",Titten analysis and recommendations to the Planning Commission and Board of Adjustment on items regarding: Rezoning, Lots-splits, Variances and Special Exceptions. Multi-Hazard Mitigation Plan • Coordinated with the State of Oklahoma Emergency Management office to update the City of Claremore's MHMP per Federal guidelines. Neighborhood Stabilization Program Grant • Coordinated with various non-profit organizations and grant participants to administer the Federally funded NSP grant for the City of Claremore aimed at revitalizing neighborhoods plagued with blighted, dilapidated and foreclosed homes. The grant monies were utilized primarily for demolition, however, rehabilitation and acquisitions of properties was a primary focus of the grant as well. City Manager's Office June 2007-June 2009 City Management Intern • Addressed citizens concerns and complaints in a timely manner • Worked on special projects assigned by the City Manager and City Council Honors & Awards • City Managers Association of Oklahoma Scholarship • Phi Sigma Alpha National Political Science Honor Society • ICMA Emerging Leaders Program Class of2010 Town Council Packet 203 of 230 August 5, 2013 Joseph G. Perez 4777 Memoria] Drive Apt. 1262 The Colony, Texas 75056 918-798-6893 References Austin Hamilton Operator CF Industries 20804 ruverbend Drive Claremore, OK 74018 austin.l.hamilton@gmail.com 9] 8-549-8345 Dr. Amy Aldridge Sanford Assistant Professor ofCommunication Studies Northeastern State University 600 North Grand Avenue Tahlequah, OK 74464 ADR]GA@,nsuok.edu 918-444-3608 Senator Sean Burrage District 2 Oklahoma State Senate State Capitol Building 2300 N. Lincoln Room 529-B Oklahoma City, OK 73015 405-521-5555 Gene Edwards Commissioner Tulsa Metropolitan Planning Commission Williams Tower II Two West 2nd Street, Suite 800 Tulsa,OK-740l3 918-584-7526 Chris Pamplin Building Inspector City of Flowermound, TX 4136 Newton The Colony, TX 75056 cpamlin@thecoJonytx.gov 469-525-7394 Town Council Packet 204 of 230 August 5, 2013 SUE ROSSON TEJML suecoppercanyoo@aol.com EDUCATION: University of Texas at Austin (B.A. History) Texas A&M University at Kingsville (M.A. History) Rice University (full scholarship for PhD history. lack dissertation for degree) NYU Law School (2 years), University of Houston Law School (LL.B.) MAYOR: Town of Copper Canyon for 8 years; re-elected unopposed 5th term 2013·2015 Argyle Volunteer Fire District Board (Served 8 years, 2005 to present) Denton County Emergency Services District #1 Our small town's dilemma was inability to adequately fund emergency services. The Founding Committee's task was to educate residents on the benefits of an ESD. The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville. Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#l was created in 2006 by a 62% positive vote in a district-wide election. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. The Town Council contracted to pay for two Sheriff's Deputies dedicated to Copper Canyon for 80 hours per week. On every shift the Deputy patrols each street in Copper Canyon at least once and sometimes twice. The result has been a virtually crime free community for the past six years. Drafting Committee: "Best Practices for MunicipaUties and Gas PipeUnes" (Adopted 2010 by most cities and pipeline corporations with gas pipeline operations in Denton County.) This was a collaborative effort of Mayors, Denton County Commissioners and the Texas Pipeline Association. The goal was to expedite pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Initiated Annual Denton County Mayors Crime Luncheon (2012-2013) The goal was to coordinate information on area crime between the Mayors, their Police Chiefs, the Denton County Sheriff's Office, the Commissioners Court, our Texas Legislature representatives, and our US Congressman. LEGAL: Solo Attorney 15 years (General Civil Practice -municipal, family law, oil & gas) Matagorda County Bar Association -President State Bar of Texas State -CLE Committee, District 5 Admissions Texas Bar Foundation -Life Member Denton Bar Association FAMILY LAW: Board Certified Family Law (for 10 years) Texas Supreme Court Committee on Child Support Guidelines Texas Supreme Court Committee on Child Visitation Guidelines Town Council Packet 205 of 230 August 5, 2013 MUNICIPAL: City Attorney of Bay City, Texas (for 6 years; population approx.20,000) Municipal Prosecutor & Legal Advisor to Bay City Police Department Bay City Charter Commission (elected public office, elected Co-Chairman) Texas City Attorneys Association VOLUNTEER: CASA of Denton County (2003-2005) (Volunteer as a Court appointed Special Advocate for abused children) HUG Romania -Volunteer in a Romanian orphanage for 3 weeks EISENHOWER "People to People" Ambassador -Texas guest of China's Dept. of Justice for one month with 50 USA women attorneys and judges. Town Council Packet 206 of 230 August 5, 2013 1631 Sequoia Drive Krum, Texas 76249 • 940.206.8013 • bertwitberspoon@gmail.com Bert Witherspoon Objective Seeking a responsible and challenging position in a growth oriented, progressive hospital environment where my experience and strong communication and leadership skills will Significantly contribute to the overall success of the organization and provide opportunities for my successful career growth. Experience April 20 II-Present Sacred Cross EMS, Inc. Denton, Texas Operations/Sales Manager • Oversee day-to-day operations, business development, logistics, and planning • Lessened pressure on ownership by providing an improved organizational structure and pursuing effective leadership and management styles, with proven results • Surpassed previous call volume, including a new record in January 2013, and secured contracts previously thought of as unattainable • Mitigate escalated issues to a point of resolution from facilities, clients, and employees Nov. 2001 -Present Denton FirelRescue Denton, Texas Firefighter/ Paramedic/FTO • Function as a member of a crew, as well as an individual provider of EMS and Fire Suppression duties • Precept new Paramedics, Instruct classes, actively participate in Quality ControVlmprovement process • Respond to 911 emergency requests for service with multiple certifications and extensive training Jan. 2006 -April 2010 I DO WINDOWS, Inc. Krum, Texas Owner/Presldent/CEO • Created and built this company from the ground-up as a fledgling small personal business • Provided direction for sales, growth, operations, and management of entire organization • Ensured com pletion of residential and commercial account professional cleaning service Sept. 2002 -Dec. 2007 North Central Texas CoJIege Corinth, Texas Adjunct Professor of EMS (Allied Health Dept.) • Instructed students in EMS, including new EMT, Paramedic, and Nursing students • Assisted in precepting local and national examinations for didactic and skHls knowledge • Improved overall passing rates and promoted growth within the department Education Aug. 2002 -Dec. 2005 Associate of Applied Science • Paramedicine North Central Texas College Corinth, Texas Currently Enrolled Texas Woman's University Bachelors of Applied Science Healthcare Studies (anticipated date of completion December 2015) Denton, Texas References References are available upon request. Town Council Packet 207 of 230 August 5, 2013 Professional Organizations • Krum City Council Councilmember Place 3 since May 2010 • Denton Fire Fighters Association (member since 2001, previous station steward) • Denton Professional Firefighters Committee For Responsible Government (member since 2003, previous Vice President) • North Texas State Fair and Rodeo Committee Member (since 2008) • Member Texas State Fire Fighters Association • Member International Fire Fighters Association • Former Member First Baptist Church of Denton Youth Leader Bert Witherspoon -Resume Town Council Packet 208 of 230 August 5, 2013 RESOLUTION NO. 2013-22 A RESOLUTION AUTHORIZING TROPHY CLUB TOWN COUNCIL TO APPOINT ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO AREA 9-1-1 DISTRICT. WHEREAS, Section 772, Health and Safety Code, provides that two voting members of the Board of Managers of an Emergency Communications District shall be appointed jointly by all cities and towns lying wholly or partly within the District; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB TEXAS: I. That the Town of Trophy Club hereby votes for ___________________ as a member of the Board of Managers for the Denco Area 9-1-1 Emergency Communication District. II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 5th day of August, 2013. ______________________________ Signature Mayor ATTEST: __________________________________ Signature Town Secretary APPROVED AS TO FORM: Town Attorney BY Town Council Packet 209 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-461-T Name: Status:Type:Agenda Item Draft File created:In control:7/31/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding a Resolution of the Town Council amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials ("Handbook") to amend the section of the Handbook entitled "Maximum Number of Appointments" establishing the maximum number of Board, Commission, and Corporation appointments a person may hold; and providing an effective date. Attachments:Staff Report.pdf RES 2013-25 Handbook.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials ("Handbook") to amend the section of the Handbook entitled "Maximum Number of Appointments" establishing the maximum number of Board, Commission, and Corporation appointments a person may hold; and providing an effective date. Town Council Packet 210 of 230 August 5, 2013 Town of Trophy Club To: Mayor and Town Council From: Mike Slye, Town Manager Re: Resolution - Employee Handbook _____________________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a Resolution of the Town of Council amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials (“Handbook”) to amend the section of the Handbook entitled “Maximum Number of Appointments” establishing the maximum number of Board, Commission, and Corporation appointments a person may hold; and providing an effective date. Explanation: Currently the Handbook for Elected and Appointed Officials limits the number of boards and commissions upon which a resident may serve to one (1) unless an exception is granted. The current Handbook states: “A person may hold a maximum of one (1) Board, Commission, or Corporation seat at any one time; provided however, that in the event the Town does not receive a sufficient number of applications to fill all available seats, Council may in its discretion approve an exception to this limitation.” The Town has advertised board and commission vacancies since July 8, 2013 and the deadline for applications to be filed is August 8, 2013. To date, the number of vacant and/or expiring seats on boards and commissions exceeds the number of citizen applications received. The Resolution contains two options for the Council to consider which would allow a person to serve on more than one board and commission: Option A: A person may hold a maximum of two (2) Board, Commission, or Corporation seats at any one time; provided however, that in the event the Town does not receive a sufficient number of applications to fill all available seats, Council may in its discretion approve an exception to this limitation. Option B: Town Council Packet 211 of 230 August 5, 2013 It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions and Corporations to as many interested residents as possible; however, if the number of open Board, Commission, or Corporation seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one (1) Board, Commission, or Corporation. In the event that the number of qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is the goal of the Council to first appoint those qualified applicants not already serving before taking action to appoint an applicant who is already serving on a Town Board, Commission, Or Corporation. The Council may either take no action on the Resolution which will leave the current 1 seat limitation in place, or may select Option A or Option B and adopt the Resolution to increase the maximum number of boards upon which a resident may serve. Attachments: None Town Council Goals: Budget Impact: Recommendation: Management recommends that Council approve a Resolution amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials (“Handbook”) to amend the section of the Handbook entitled “Maximum Number of Appointments” establishing the maximum number of Board, Commission, and Corporation appointments a person may hold; and providing an effective date. Town Council Packet 212 of 230 August 5, 2013 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2013-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2012-08 ADOPTING THE MUNICIPALITY OF TROPHY CLUB HANDBOOK FOR ELECTED AND APPOINTED OFFICIALS (“HANDBOOK”) TO AMEND THE SECTION OF THE HANDBOOK ENTITLED “MAXIMUM NUMBER OF APPOINTMENTS” ESTABLISHING THE MAXIMUM NUMBER OF BOARD, COMMISSION, AND CORPORATION APPOINTMENTS A PERSON MAY HOLD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on various Town Council appointed boards, commissions, and corporations and has established several appointed bodies that perform various functions for the Town; and WHEREAS, the Town initially adopted the “Municipality of Trophy Club Handbook for Elected and Appointed Officials” (hereinafter “Handbook”) to establish guidelines and procedures for Town Council appointed bodies and to ensure uniform treatment of all persons applying for and serving on those bodies; and WHEREAS, the Town Council approved Resolution No. 2012-08 adopting the Handbook, and subsequently amended the Handbook via the adoption of Resolution No. 2013-15 to add a new section entitled “Compensation”; and WHEREAS, the guidelines established in the Handbook are in addition to those requirements imposed by the Texas Open Meetings Act, Town Charter, and other applicable state law; and WHEREAS, the Town Council has determined it appropriate to amend the section of the Handbook entitled “Maximum Number of Appointments” to allow interested qualified residents to serve on more than one Town Board, Commission, or Corporation; and WHEREAS, the passage of this Resolution amends Resolution No. 2012-08 adopting the Handbook as more particularly set forth below without altering, modifying or repealing any other provision of the Handbook; and WHEREAS, the Town Council has determined that adoption of this amendment to the Handbook will be beneficial to the Town and its residents and serve the public welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Packet 213 of 230 August 5, 2013 Section 1. That the foregoing recitals are adopted and incorporated herein as findings. Section 2. That the Town Council hereby approves this Resolution amending Resolution No. 2012-08 adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials (“Handbook”) by amending the section of the Handbook entitled “Maximum Number of Appointments”, and all other sections of the Handbook not in conflict with this Resolution shall remain in full force and effect without alteration. Section 3. That the section of the Handbook entitled “Maximum Number of Appointments” shall be and read in its entirety as follows: Option A: A person may hold a maximum of two (2) Board, Commission, or Corporation seats at any one time; provided however, that in the event the Town does not receive a sufficient number of applications to fill all available seats, Council may in its discretion approve an exception to this limitation. Option B: It is the goal of the Council to afford the opportunity to serve on Town Boards, Commissions and Corporations to as many interested residents as possible; however, if the number of open Board, Commission, or Corporation seats exceeds the number of qualified applicants, the Council may allow a person to serve on more than one (1) Board, Commission, or Corporation. In the event that the number of qualified applicants exceeds the number of open Board, Commission, or Corporation seats, it is the goal of the Council to first appoint those qualified applicants not already serving before taking action to appoint an applicant who is already serving on a Town Board, Commission, Or Corporation. Section 3. That this Resolution shall become effective upon its passage, and that upon passage of this Resolution, the Handbook shall be amended as set forth hereinabove. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 5th day of August, 2013. Connie White, Mayor Town of Trophy Club, Texas Town Council Packet 214 of 230 August 5, 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 Council Packet 215 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-465-T Name: Status:Type:Agenda Item Draft File created:In control:8/1/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action to task CFAB (Citizen Finance Advisory Board) with developing a formal Debt Management Policy and recommendation for the Town Council to consider. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to task CFAB (Citizen Finance Advisory Board) with developing a formal Debt Management Policy and recommendation for the Town Council to consider. Town Council Packet 216 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-452-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate regarding a Resolution authorizing the creation of an Animal Shelter Advisory Committee; providing that the Committee shall consist of four members who meet state law qualification requirements for service; providing that a minimum of three meetings be held annually; providing for a one year term of office for members; providing that appointments shall be made in accordance with Town's annual appointment process; designating a Staff Liaison; and providing an effective date. Attachments:shelter advisory committee StaffReport.pdf Res 2013-23 Animal Shelter Committee.pdf Action ByDate Action ResultVer. Consider and take appropriate regarding a Resolution authorizing the creation of an Animal Shelter Advisory Committee; providing that the Committee shall consist of four members who meet state law qualification requirements for service; providing that a minimum of three meetings be held annually; providing for a one year term of office for members; providing that appointments shall be made in accordance with Town's annual appointment process; designating a Staff Liaison; and providing an effective date. Town Council Packet 217 of 230 August 5, 2013 Town of Trophy Club To: Mayor and Town Council From: Chief Kniffen CC: Mike Slye, Town Manager Re: Appointment of Shelter Advisory Board ___________________________________________________________________ Agenda Item: Consider and take appropriate action to create a Shelter Advisory Committee and appoint four (4) members to that committee. Explanation: The Health and Safety Code requires that, in any county or municipality that provides an animal shelter, the governing body appoint an advisory committee to assist in complying with the requirements of the Health and Safety Code sections pertaining to animal shelters. The advisory committee must be composed of at least one licensed veterinarian, one municipal official, one person whose daily duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. The committee is required to meet at least three times a year. In the past, we have apparently had committees who met to comply with this statute however we have not found any evidence that the Council officially created the committee and appointed the members. The following individuals are recommended as members of this committee: Licensed veterinarian – Dr. Bruce Fusselman, D.V.M. Municipal Official – Officer Scott Voigt ACO – Kelly Akin Animal Welfare representative – Brian Hall. Attachments: None Town Council Goals: Provide superior Emergency Services Create a positive regional identity Enhance citizen volunteer opportunities Forge collaborative relationships with other governmental and public entities Town Council Packet 218 of 230 August 5, 2013 Recommendation: Management recommends that Council create the Shelter Advisory Committee and appoint the recommended members to this committee. Town Council Packet 219 of 230 August 5, 2013 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2013-23 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF AN ANIMAL SHELTER ADVISORY COMMITTEE AND PROVIDING THAT THE COMMITTEE SHALL CONSIST OF FOUR (4) PERSONS MEETING THE REQUIREMENTS OF STATE LAW; PROVIDING THAT THE COMMITTEE SHALL MEET A MINIMUM OF THREE (3) TIMES ANNUALLY; PROVIDING THAT EACH PERSON SHALL SERVE FOR A PERIOD OF ONE (1) YEAR AND THAT TERMS OF OFFICE SHALL COMMENCE ON OCTOBER 1 OF EACH YEAR; PROVIDING THAT APPOINTMENTS SHALL BE MADE IN ACCORDANCE WITH THE TOWN’S ANNUAL APPOINTMENT PROCESS FOR ALL TOWN BOARDS, COMMISSIONS AND CORPORATIONS; APPOINTING THE CHIEF OF POLICE OR HIS DESIGNEE TO SERVE AS A STAFF LIAISON TO THE COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; WHEREAS, Chapter 823 of the Texas Health and Safety Code provides that the governing body of a municipality in which an animal shelter is located shall appoint an advisory committee to assist in complying with the requirements of Chapter 823; and WHEREAS, Chapter 823 provides that an advisory committee must meet at least three (3) times annually and must be comprised of at least one (1) licensed veterinarian, one (1) county or municipal official, one (1) person whose duties include the daily operation of an animal shelter, and one (1) representative from an animal welfare organization; and WHEREAS, after formation of the Advisory Committee, the Town will solicit applications from interested persons meeting the requirements of Chapter 823, will appoint members whose term of service will be for a period of one (1) year commencing on October 1, 2013, and annually thereafter the Town will solicit applications and make appointments in accordance with the Town’s Board, Commission and Committee Handbook; and WHEREAS, the Town of Trophy Club maintains an animal shelter and therefore finds it necessary and prudent to authorize the formation of an Advisory Committee in accordance with state law. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Packet 220 of 230 August 5, 2013 Section 1. The foregoing recitals are found to be true and correct and are incorporated herein as if written word for word. Section 2. The Town Council of the Town of Trophy Club, Texas does hereby create an Advisory Committee for its animal shelter, which Committee shall meet at least three (3) times annually and shall be comprised of at least one (1) licensed veterinarian, one (1) county or municipal official, one (1) person whose duties include the daily operation of an animal shelter, and one (1) representative from an animal welfare organization. Section 3. The members of the Advisory Committee shall serve at the pleasure of the Town Council and shall be appointed annually with terms expiring on September 30 of each year. The Committee’s first term of service shall commence on October 1, 2013, and thereafter, the members of the Committee shall be appointed in accordance with the Town’s Board, Commission, and Committee Handbook. Section 4. The Chief of Police or his designee shall serve as a liaison between to the Advisory Committee (hereinafter “Staff Liaison”). The Staff Liaison shall be the point of contact for members of the Committee, and it shall be the responsibility of the Staff Liaison to schedule meetings, to post agendas, and to provide information necessary for the Advisory Committee to perform its duties. Section 5. The Advisory Committee shall make recommendations to the Town Council concerning its animal shelter and the shelter’s compliance with Chapter 823 of the Health and Safety Code, as amended, and all other applicable state and local laws. Section 6. All meetings of the Committee shall be open to the public and shall be held in accordance with the Texas Open Meetings Act and with the parameters set forth in this Resolution. The Staff Liaison shall work with the Committee to determine appropriate meeting dates and times as necessary for the Committee to fulfill its obligations, with a minimum of three (3) meetings required annually. Section 7. The Staff Liaison shall attend all meetings of the Committee, shall be responsible for preparation and posting of the meeting agendas, and shall ensure that minutes are prepared for Committee review and action. The Staff Liaison shall be responsible for ensuring that all clerical support for the Committee is provided by Town staff. Section 8. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 5th day of August, 2013. Connie White, Mayor Town Council Packet 221 of 230 August 5, 2013 Town of Trophy Club, Texas [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 Council Packet 222 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-453-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Town Council Liasion Updates; discussion of same: Attachments: Action ByDate Action ResultVer. Town Council Liasion Updates; discussion of same: Town Council Packet 223 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-454-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Town Manager Slye's update regarding the following: discussion of same. - Transportation Update 170/114 Project - Independent East Trail Update - Logo Update - Blue Ribbon Panel Update - TIF Zone Update - Election Update - Finance Department Update Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following: discussion of same. - Transportation Update 170/114 Project - Independent East Trail Update - Logo Update - Blue Ribbon Panel Update - TIF Zone Update - Election Update - Finance Department Update Town Council Packet 224 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-455-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Mayor's Roundtable Dinner (7/24) - Mayor's Cup Race (7/26) Attachments: Action ByDate Action ResultVer. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - Mayor's Roundtable Dinner (7/24) - Mayor's Cup Race (7/26) Town Council Packet 225 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-456-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Future Agenda Items. Attachments:FutureAgendaItemList.pdf Action ByDate Action ResultVer. Future Agenda Items. Town Council Packet 226 of 230 August 5, 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. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 11. Discussion and action for a new Town Logo (Tiffany 7/15) 12. Effects of House Bill 1297 (Mayer 7/15) 13. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) Town Council Packet 227 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-457-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Pursuant to the following designated sections of the Texas Local Government Code, Annotated, Chapter 551, the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with 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: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B) Texas Government Code Section 551.071(2) Consultation with Attorney and Texas Government Code Section 551.072 Deliberations about Real Property. Consultation with 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 and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. (1) Drainage easements for Indian Creek Project (2) Negotiations with property owners and potential condemnation action to obtain necessary drainage easements for the following properties: a. 32 Edgemere Drive b. 31 Creekmere Drive c. 549 Indian Creek Drive Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Local Government Code, Annotated, Chapter 551, the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2). Consultation with 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: Water and wastewater services for PID; alternative services for the PID; terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and related matters. (B)Texas Government Code Section 551.071(2) Consultation with Attorney and Texas Government Code Section 551.072 Deliberations about Real Property. Consultation with 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 and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. Town Council Packet 228 of 230 August 5, 2013 File #:2013-457-T,Version:1 (1) Drainage easements for Indian Creek Project (2) Negotiations with property owners and potential condemnation action to obtain necessary drainage easements for the following properties: a. 32 Edgemere Drive b. 31 Creekmere Drive c. 549 Indian Creek Drive Town Council Packet 229 of 230 August 5, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12013-458-T Name: Status:Type:Agenda Item Draft File created:In control:7/26/2013 Town Council On agenda:Final action:8/5/2013 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Packet 230 of 230 August 5, 2013