Agenda Packet TC 06/24/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, June 24, 2013
AMENDED AGENDA
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2013-349-T Presentation and Update regarding the upcoming July 4, 2013 event;
discussion of same.
July 4th Presentation.pdfAttachments:
2.2013-350-T Discussion of agenda items posted for consideration on the Regular
Session Council Agenda for June 24, 2013.
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M.
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
PRESENTATION
Town Council Meeting 1 of 98 June 24, 2013
June 24, 2013Town Council Meeting Agenda
3.2013-351-T Consider and take appropriate action regarding award of Certificates of
Recognition to Council Member Danny Mayer, Victoria Mayer, Bob Radder,
and Fire Chief Danny Thomas for assisting with the delivery of goods to the
Moore, Oklahoma tornado victims; Presentation of Certificates.
CertificatesofRecognition.pdfAttachments:
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
4.2013-352-T Consider and take appropriate action regarding the Minutes dated June 3,
2013.
TC Minutes 6-3-13.pdfAttachments:
5.2013-365-T Consider and take appropriate action regarding an amendment to
Resolution No. 2012-08 adopting the Town of Trophy Club Handbook for
Elected and Appointed Officials to clarify that persons serving on boards,
commissions, and other bodies appointed by Council serve without
compensation; providing for the addition of a section to the Handbook
entitled "Compensation"; and providing an effective date.
Resolution 2013-15 HandbookCompensation.pdfAttachments:
REGULAR SESSION
6.2013-353-T Consider and take appropriate action regarding a Resolution relating to the
giving of Notice of Intention to issue Town of Trophy Club, Texas
Combination Tax and Revenue Certificates of Obligation, Series 2013, for
an amount not to exceed $3,000,000 to be used for street, storm drainage,
storm water and related improvements and associated costs; and providing
an effective date.
Resolution2013-12.pdf
Timetable.pdf
Attachments:
7.2013-354-T Consider and take appropriate action regarding a Resolution expressing
intent to reimburse Town Expenditures from the proceeds of future
tax-exempt obligations associated with the financing of an amount not to
exceed $3,000,000 for street, storm drainage, storm water and related
improvements and associated costs; and providing an effective date.
Resolution 2013-14.pdfAttachments:
Town Council Meeting 2 of 98 June 24, 2013
June 24, 2013Town Council Meeting Agenda
8.2013-355-T Consider and take appropriate action regarding the expenditure of 2008
Park Bond funds towards the installation of two bocce ball courts to be
located within Harmony Park; and authorizing the Town Manager or his
designee to execute any necessary documents.
Staff report.pdf
Bid Document.pdf
Attachments:
9.2013-364-T Consider and take appropriate action regarding the expenditure of 2008 Park
Bond funds towards the installation of bleachers to be located within
Independence East; and authorizing the Town Manager or his designee to
execute any necessary documents.
Staff Report.pdf
Proposal Southern Bleachers .pdf
Attachments:
10.2013-373-T Consider and take appropriate action regarding a Developer's Agreement
between the Town and Centurion Acquisitions, L.P. for the construction of
public infrastructure to service lots in Village Center, Planned Development
No. 27; and authorizing the Mayor or her designee to execute all necessary
documents.
Staff Report - Village Center Public Infrastructure.pdf
Developer's Agreement - Village Center Public Infrastructure.pdf
Attachment A - Construction Estimates.pdf
Attachments:
11.2013-374-T Consider and take appropriate action regarding a Resolution amending
Resolution No. 2012-28 appointing citizens to serve on boards and
commissions, and appointing Town Council Liaisons, to appoint a Council
member to serve as the Town Council Liaison to Trophy Club Economic
Development Corporation 4B; and providing an effective date.
RES 2013-13 -Council Liaisons.pdfAttachments:
12.2013-356-T Consider and take appropriate action regarding a Finance Variance report
dated May 2013.
May 2013 Financials.pdfAttachments:
13.2013-357-T Town Council Liasion Updates; discussion of same:
- EDC 4B Meeting (June 10th)
- Parks & Recreation Meeting (June 11th)
14.2013-358-T Town Manager Slye's update regarding the following; discussion of same.
- Oncor Utility Rate Update
- CCPD Update
- Transportation Update
OCSC Quarterly Update June 2013.pdf
Steering Committee.pdf
Attachments:
Town Council Meeting 3 of 98 June 24, 2013
June 24, 2013Town Council Meeting Agenda
15.2013-359-T Mayor and Council updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
- Northwest Metro Chamber Luncheon
- EPPC Update
- Metroport Update
- Ribbon Cutting Event
- I35 Coalition Update
16.2013-361-T Items for Future Agendas.
FutureAgendaItemList.pdfAttachments:
EXECUTIVE SESSION
17.2013-379-T Pursuant to Texas Government Code, Annotated, subchapter 551, Council
will convene into closed executive session as authorized by:
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
18.2013-360-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 Meeting 4 of 98 June 24, 2013
June 24, 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 6-20-13 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
_________________________________
Amy Piukana, TRMC
Town Secretary
Town of Trophy Club
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 Meeting 5 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-349-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Presentation and Update regarding the upcoming July 4, 2013 event; discussion of same.
Attachments:July 4th Presentation.pdf
Action ByDate Action ResultVer.
Title
Presentation and Update regarding the upcoming July 4, 2013 event; discussion of same.
Town Council Meeting 6 of 98 June 24, 2013
Fourth of July Festivities
2013
Town Council Meeting 7 of 98 June 24, 2013
July Fourth Festivities
2012 recap
Patriot 5K and Fun Run
•320 participants
•All participants received a t-shirt
•BARA Church provided free breakfast
Parade of Patriots
•Parade of 20 floats started at 9:30am
Community Pool & Spray Pad
•Entry was free all day; 11:00am –9:00pm
Celebration & Fireworks
•Event was from 6:00pm –10:00pm
•Located on the multiuse field by the pool
•Steady crowd throughout the night; approximately 3000
Town Council Meeting 8 of 98 June 24, 2013
July 4th Festivities
7:30am Patriot 5K and Fun Run
9:30am Parade of Patriots (TC Stars and Stripes)
12:00am -1:00pm Free snacks at the pool
6:00pm –9:30 pm Celebration
9:30pm Fireworks!
Exact times may vary when itinerary is final
Entry to the Community Pool is free all day
Town Council Meeting 9 of 98 June 24, 2013
Patriot 5K and Fun Run
Begins at 7:00 a.m.
Route: starts at BNHS, turn around at Freedom Park
Register at Runontexas.com
Pre-registration = $20, On-site registration = $25
Town Council Meeting 10 of 98 June 24, 2013
Parade of Patriots
Done in conjunction with
Trophy Club Stars and Stripes
Parade begins at 9:30 a.m.
Route: starts at BNHS, left on
Bobcat, right on Trophy Club
Drive, right on Durango, right
on Parkview, ends at BNHS
Judging Categories:
Best HOA or neighborhood
Spirit of Trophy Club
Most Patriotic
Best Dressed Golf Cart
Town Council Meeting 11 of 98 June 24, 2013
Fireworks will be launched from BNHS. The
parking lot will be closed and the safety perimeter
(yellow circle) will be fenced with orange fencing.
Town Council Meeting 12 of 98 June 24, 2013
Celebration and Fireworks
Located at Independence East, expanded seating includes
baseball field
Live band: Limelight
Ample lawn seating near band and close to the fireworks
show –encourages residents to stay
Face painting, bounce houses, fireworks launched at BNHS
Food vendors: BBQ, funnel cake, turkey legs, hot dogs,
cotton candy, shaved ice, nachos, corny dogs, and non-food
Vendor Application is available at tcparks.org
All vendors will be located on grass under a 10x10 tent
FIREWORKS; 20 minute show starts around 9:30 p.m.
Town Council Meeting 13 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-350-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June
24, 2013.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 24,
2013.
Town Council Meeting 14 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-351-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding award of Certificates of Recognition to Council
Member Danny Mayer, Victoria Mayer, Bob Radder, and Fire Chief Danny Thomas for assisting with
the delivery of goods to the Moore, Oklahoma tornado victims; Presentation of Certificates.
Attachments:CertificatesofRecognition.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding award of Certificates of Recognition to Council Member
Danny Mayer, Victoria Mayer, Bob Radder, and Fire Chief Danny Thomas for assisting with the delivery
of goods to the Moore, Oklahoma tornado victims; Presentation of Certificates.
Town Council Meeting 15 of 98 June 24, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-352-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding the Minutes dated June 3, 2013.
Attachments:TC Minutes 6-3-13.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Minutes dated June 3, 2013.
Town Council Meeting 20 of 98 June 24, 2013
MINUTES FROM REGULAR TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, June 3, 2013 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday,
June 3, 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
Clint Schroeder Council Member, Place 3
Danny Mayer Council Member, Place 4
Greg Lamont Council Member, Place 5
TOWN COUNCIL MEMBERS ABSENT:
STAFF MEMBERS PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Amy Piukana Town Secretary
Patricia Adams Town Attorney
April Reiling Public Information Officer/Marketing Manager
Scott Kniffen Police Chief
Michael Aguilera Finance Director
Mayor White announced the date of June 3, 2013, called the Workshop Meeting to order and
announced a quorum at 6:01 p.m.
CALL TO ORDER AND ANNOUNCE A QUORUM
Council reviewed the Agenda in the following order.
2. Consideration of Elected Officials and Social Media use in relation to the Open
Meetings Act and other Town Policies.
Town Attorney Patricia Adams briefed Council regarding Elected Officials and Social
Media use in relation to the Open Meetings Act and other Town Policies. Ms. Adams
noted there are basically two issues: Records Retention and the Open Meetings Act.
The retention on these items must meet the Texas State Library Retention Guidelines
and discussions must meet the Open Meetings Act requirements. Ms. Adams noted she
will attend a Legislative Update and subsequently provide Council with any updates in
regards to this item.
Town Council Meeting 21 of 98 June 24, 2013
June 3, 2013 Town Council Minutes Page 2 of 5
3. Presentation and Overview of the Trophy Club Tax Increment Financing District;
discussion of same.
Consultant David Pettit with Bennett, Benner, and Pettit, Inc. provided an overview and
presentation regarding (TIF)Tax Increment and Finance Districts and (TIRZ) Tax Increment
Reinvestment Zones.
Council Member Schroeder advised staff to add the TIF/TIRZ presentation information to the
Town’s website in order to allow residents access to this information.
1. Heroes Among Us” Presentation; recognition of three Trophy Club residents who
reacted quickly to aid a fellow resident in his time of need; discussion of same.
Mayor White recognized Tim Bilbrey, Brandon Hennig, and Jake Krautsch for going above and
beyond in helping fellow Trophy Club resident Shaw Jones by pulling him out of a fountain that
had a live electrical current.
4. Discussion of Agenda Items posted for consideration on the Regular Session
Council Agenda for June 3, 2013.
No action was taken on this item.
5. Discussion of proposed Agenda Items for the June 24, 2013 Regular Session
Agenda.
No action was taken on this item.
CONVENE INTO REGULAR SESSION – ESTIMATED START TIME – 7:00 P.M.
INVOCATION – Finance Director Michael Aguilera led the invocation.
PLEDGES – Public Information Officer April Reiling led the Pledge of Allegiance to the
American Flag and Pledge of Allegiance to the Texas Flag.
PRESENTATION
6. Consider and take appropriate action regarding a Resolution of Gratitude to Bob
Downey for recognition of his dedication and service on the Zoning Board of
Adjustment and Ethics Commission; presentation of Resolution.
The following residents expressed thanks publicly to Bob Downey for his many years of
service to the Town of Trophy Club.
• Marshal Engelback
• Susan Edstrom
• Jim Hayes
• Bob Radder
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
Town Council Meeting 22 of 98 June 24, 2013
June 3, 2013 Town Council Minutes Page 3 of 5
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
7. Consider and take appropriate action regarding the Town Council Minutes dated
May 20, 2013 and May 21, 2013.
8. Consider and take appropriate action regarding proposed Town Council meeting
dates for June through September 2013.
9. Consider and take appropriate action regarding an Ordinance to approve and
adopt a rate Schedule – “RRM Rate Review Mechanism” for Atmos Energy
Corporation, Mid TEX Division; finding the RRM Tariff set forth in Attachment “A”
to the Ordinance is reasonable and in the public interest; repealing prior
inconsistent resolutions and ordinances; and providing an effective date.
Council Member Rose made a motion to approve Consent Item Number 7, as amended,
and to approve Consent Items 8-9, as presented. Motion seconded by Council Member
Mayer. Motion approved by vote of 6-0.
10. Consider and take appropriate action regarding a Resolution appointing persons
to serve on the Board of Directors of the newly created Trophy Club Crime
Control and Prevention District; providing for initial terms of office expiring on
September 1, 2014 and September 1, 2015 and thereafter providing for staggered
two year terms; designating a staff liaison; and providing an effective date.
Chief Kniffen briefed Council regarding this item. Chief Kniffen noted that the Crime
Control and Prevention Board (CCPD) consists of seven members, but six members of the
Temporary CCPD Board have volunteered to stay on as permanent members. The
seventh member would be appointed in October with all other town annual appointments.
Council Member Rose made a motion to approve a Resolution appointing persons to serve
on the Board of Directors for the newly created Trophy Club Crime Control and Prevention
District; providing for initial terms of office expiring on September 1, 2014 and September 1,
2015 and thereafter providing for staggered two year terms; designating a staff liaison; and
providing an effective date. Motion seconded by Council Member Tiffany. Motion
approved by vote of 6-0.
The six confirmed Crime Control and Prevention District (CCPD) Board Members are:
• Adam Broyles
• Christopher Davis
• Dena Boudreau
• JJ Isherwood
• Paul Glowacki
• Timothy Gamache
Town Council Meeting 23 of 98 June 24, 2013
June 3, 2013 Town Council Minutes Page 4 of 5
11. Consider and take appropriate action regarding a Consulting Agreement between
Town of Trophy Club and Freese and Nichols, Inc. for professional services to
analyze and provide conceptual and technical improvements regarding drainage,
channel improvements regarding drainage channel improvements, erosion; and
authorizing the Mayor or her designee to execute all necessary documents.
Town Manager Slye briefed Council regarding a drainage canal located behind the
Highlands Development. Mr. Slye explained the Highlands Development has a small creek
at the intersection of Highlands & Broadway that flows north towards the amenity lakes and
requires the Town’s attention. The area has become a safety issue with sink holes,
ponding, water stagnation, and erosion along the slopes in an area where children play.
Mr. Slye added that the area needs to be analyzed and engineered in order to develop a
long term solution to provide proper drainage. Mr. Slye noted that staff has addressed
some of these issues by cleaning the area of saplings and cat tails, however; more work is
necessary to ensure the area is safe. The proposed contract will allow for the canal to be
studied with recommended improvements, and will be added to the Storm Drainage Plan.
Mr. Slye explained that any necessary improvements would be funded in next year’s
budget, and the solution will include participation with the developer.
Council Member Rose made a motion to approve the professional services contract with
Freese and Nichols, Inc. in an amount not to exceed $11,708.00 and funding will be
provided from the Storm Drainage Funds. Motion seconded by Council Member
Schroeder. Motion approved by vote of 6-0.
12. Town Manager Update; discussion of same.
- Transportation Projects Update- Town Manager Slye provided an update on
Indian Creek sidewalks and advised that the SH 114 project is scheduled to be
complete in September 2013.
- Strategic Partnership Update – The Town has not received any further feedback
from TC MUD 1 or Town of Westlake regarding the consolidation proposal.
- June Staffing and Training – Town Manager Slye noted that various Department
Heads will rotate vacations to ensure coverage of the Town at all times.
13. Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
- Byron Nelson High School Royal Awards
Mayor White announced she attended the Byron Nelson High School Royal Awards on
May 29, 2013, noting several students received scholarship offers totaling approximately $8
million dollars. Mayor White announced Byron Nelson is ranked number 7 in the Lone Star
Cup. Council Member Schroeder noted in his opinion, this is a very impressive ranking for
4A Competitive Sports.
14. Items for Future Agendas –
Town Council Meeting 24 of 98 June 24, 2013
June 3, 2013 Town Council Minutes Page 5 of 5
Council Member Lamont requested that staff explore the possibility of moving the Council
meetings to Wednesdays and asked for more time to review the packet prior to the Council
Meeting.
EXECUTIVE SESSION- 8:23 p.m. Recess into Executive Session.
15. Pursuant to Section 551.087(1) of the Texas Government Code,” Deliberation regarding
Economic Development Negotiations" and pursuant to Texas Tax Code Section 321.3022
"Tax Information" (i) which provides: Notwithstanding Chapter 551, Government Code, the
governing body of a municipality or other local governmental entity is not required to confer with
one or more employees or a third party in an open meeting to receive information or question the
employees or third party regarding the information received by the municipality or other local
governmental entity under this section. Tex. Tax Code §321.3022(i)
(A.) Town Council will convene into closed session regarding Economic Development Tax Finance
Information.
(B.) Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into
closed executive session as authorized by: Section 551.071(2) "Consultation with Attorney" for
consultation with its attorney on a matter in which the duty of the attorney to the Governmental
Body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly
conflicts with this Chapter.
(1) Water and wastewater services; terms of interlocal agreement regarding lease and conveyance
of utility system assets and provision of retail water and wastewater services, approval and
parameters of representation, and related matters.
RECONVENE INTO REGULAR SESSION
No action was taken as a result of Executive Session.
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 9:51 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 Meeting 25 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-365-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/13/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding an amendment to Resolution No. 2012-08 adopting
the Town of Trophy Club Handbook for Elected and Appointed Officials to clarify that persons serving
on boards, commissions, and other bodies appointed by Council serve without compensation;
providing for the addition of a section to the Handbook entitled "Compensation"; and providing an
effective date.
Attachments:Resolution 2013-15 HandbookCompensation.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding an amendment to Resolution No. 2012-08 adopting the
Town of Trophy Club Handbook for Elected and Appointed Officials to clarify that persons serving on
boards, commissions, and other bodies appointed by Council serve without compensation; providing for
the addition of a section to the Handbook entitled "Compensation"; and providing an effective date.
Town Council Meeting 26 of 98 June 24, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-15
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 TO CLARIFY THAT
PERSONS SERVING ON BODIES APPOINTED BY THE TOWN
COUNCIL, INCLUDING TOWN BOARDS, COMMISSIONS AND
CORPORATIONS SERVE WITHOUT COMPENSATION; 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 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
Handbook by adding a section entitled “Compensation” to clarify that in accordance with
the Handbook and consistent with Town Charter, persons serving on various Town
Boards, Commissions and Corporations and other Town Council appointed bodies are
not entitled to compensation; 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 revised
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:
Section 1. That the foregoing recitals are adopted and incorporated herein as
findings.
Town Council Meeting 27 of 98 June 24, 2013
Section 2. That the Town Council hereby amends Resolution No. 2012-08 by
adding a section entitled “Compensation” to clarify that in accordance with the
Handbook and consistent with Town Charter, persons serving on various Town Council
appointed bodies are not entitled to compensation, and such amendment is adopted
without altering, modifying or repealing any other provision of the Handbook.
Section 3. That a section entitled “Compensation” shall be added to the
Handbook and shall be and read in its entirety as follows, “Members appointed to a
body by the Town Council shall serve without compensation; provided however, that
they shall be entitled to reimbursement of any necessary expenses incurred in the
performance of their official duties, when approved by Council or its’ designee.”
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 24th day of June, 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 Meeting 28 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-353-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding a Resolution relating to the giving of Notice of
Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of
Obligation, Series 2013, for an amount not to exceed $3,000,000 to be used for street, storm
drainage, storm water and related improvements and associated costs; and providing an effective
date.
Attachments:Resolution2013-12.pdf
Timetable.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution relating to the giving of Notice of Intention to
issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2013,
for an amount not to exceed $3,000,000 to be used for street, storm drainage, storm water and related
improvements and associated costs; and providing an effective date.
Town Council Meeting 29 of 98 June 24, 2013
#4311937.1
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-12
A RESOLUTION RELATING TO THE GIVING OF NOTICE
OF INTENTION TO ISSUE TOWN OF TROPHY CLUB,
TEXAS COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2013;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Town of Trophy Club, Texas (the “Town”), pursuant to Chapter 271,
Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates
of obligation for the purpose of paying contractual obligations to be incurred for the purposes set
forth below; and
WHEREAS, the Town Council of the Town has found and determined that a notice of
intention to issue certificates of obligation should be published in accordance with the
requirements of applicable law;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
Section 1. The findings and determinations set forth in the preambles hereto are
hereby incorporated by reference for all purposes.
Section 2. The Town Secretary of the Town is hereby authorized and directed to
issue a notice of intention to issue certificates of obligation in substantially the form attached
hereto as Exhibit A.
Section 3. The foregoing notice shall be published once a week for two consecutive
weeks, the date of the first publication being before the thirtieth (30th) day prior to the date set
forth in the foregoing notice for passage of the ordinance authorizing the Combination Tax and
Revenue Certificates of Obligation. Such notice shall be published in a newspaper of general
circulation in the area of the Town of Trophy Club, Texas.
Section 4. That this resolution shall take effect from and after the date of its passage.
FINALLY PASSED, APPROVED AND EFFECTIVE this 24th day of June, 2013.
Town Council Meeting 30 of 98 June 24, 2013
#4311937.1
EXHIBIT A
NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION,
SERIES 2013
NOTICE IS HEREBY GIVEN that on August 5, 2013, the Town Council of the Town of
Trophy Club, Texas, at 6:00 p.m. at a regular meeting of the Town Council to be held in the
Council Chambers at the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club,
Texas 76262, the regular meeting place of the Town Council, intends to pass an ordinance
authorizing the issuance of not to exceed $3,000,000 principal amount of Certificates of
Obligation (excluding premium) for the purpose of paying contractual obligations to be incurred
for the following purposes, to wit: (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 (c) paying professional
services of attorneys, financial advisors and other professionals in connection with the Project
and the issuance of the Certificates. The Certificates shall be issued in one or more series, shall
bear interest at a rate not to exceed fifteen percent (15%) per annum, and shall have a maximum
maturity date of not later than forty (40) years after their date. Said Certificates shall be payable
from the levy of a direct and continuing ad valorem tax against all taxable property within the
Town sufficient to pay the interest on this series of Certificates as due and to provide for the
payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter
C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of
the Town’s municipal drainage utility system, such pledge of surplus revenues being limited to
$1,000.
THIS NOTICE is given in accordance with law and as directed by the Town Council of
the Town of Trophy Club, Texas.
GIVEN THIS June 24, 2013
/s/ Amy Piukana, Town Secretary
Town of Trophy Club, Texas
Town Council Meeting 31 of 98 June 24, 2013
TOWN OF TROPHY CLUB, TEXAS
$3,000,000
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2013
Proposed Timetable
As of June 12, 2013
Date Action Required
06-06-13 (Th) Southwest Securities (SWS) emails timetable for an 8-5-13 competitive sale of
Certificates of Obligation (COs) to Town officials and Bond Counsel
06-11-13 (T) SWS submits Official Statement Request for Information (RFI) to Town officials.
06-24-13 (M) Regular Council Meeting to authorize the Publication of Notice of Intent to Issue Combination Tax and Revenue Certificates of Obligation, Series 2013 and to
authorize Southwest Securities, Bond Counsel and Town officials to proceed with the issuance process for COs (7:00 pm)
06-25-13 (T) SWS receives completed RFI and related documents from the Town
06-27-13 (Th) First Publication of Notice of Intent to Issue COs in local newspaper (must be at least 31 days prior to the sale date)
07-02-13 (T) SWS submits initial draft of Preliminary Official Statement (POS) and Official Notice of
Sale (NOS) to all parties for review
07-04-13 (Th) Second Publication of Notice of Intent to Issue COs in local newspaper
07-09-13 (T) SWS receives comments on POS/NOS from all parties
07-11-13 (Th) SWS submits POS/NOS and other financing documents to S&P rating agency to
request underlying credit ratings
Week of 7-15 Schedule rating conference call(s) with Moody’s and/or S&P
07-24-13 (W) Final POS/NOS Comments are due to SWS from all parties
07-26-13 (F) Post POS/NOS to the SWS Internet Website and electronically distribute POS/NOS to
potential bidders in the investment community
07-30-13 (T) Receive S&P underlying bond rating
08-05-13 (M) • Receive electronic bids for the COs (12:00 Noon) via Internet and the “i-Deal
LLC PARITY” bidding program
• Regular Council Meeting to review bids for the COs and adopt the Ordinance
authorizing and selling the COs (7:00 pm)
08-12-13 (M) Print and distribute Final Official Statement (OS) and post Final OS to SWS website
08-27-13 (T) SWS notifies all parties of closing/delivery instructions
09-05-13 (Th) Payment for and delivery of the COs
______________
Note: Bold entries indicate dates/actions that require the Town’s participation.
Town Council Meeting 32 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-354-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding a Resolution expressing intent to reimburse Town
Expenditures from the proceeds of future tax-exempt obligations associated with the financing of an
amount not to exceed $3,000,000 for street, storm drainage, storm water and related improvements
and associated costs; and providing an effective date.
Attachments:Resolution 2013-14.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution expressing intent to reimburse Town
Expenditures from the proceeds of future tax-exempt obligations associated with the financing of an
amount not to exceed $3,000,000 for street, storm drainage, storm water and related improvements and
associated costs; and providing an effective date.
Town Council Meeting 33 of 98 June 24, 2013
#4312441.1
RESOLUTION 2013-14
REIMBURSEMENT RESOLUTION EXPRESSING INTENT TO
FINANCE EXPENDITURES TO BE INCURRED
WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a political subdivision of
the State of Texas authorized to finance its activities by issuing obligations; and
WHEREAS, the Town will make, or has made not more than 60 days prior to the date
hereof, payments with respect to the design, acquisition, construction, reconstruction, expansion
or renovation of the projects listed on Exhibit A attached hereto (the “Financed Project”); and
WHEREAS, the Town has concluded that it does not currently desire to issue obligations
to finance the costs associated with the Financed Project; and
WHEREAS, the Town desires to reimburse itself for the costs associated with the
Financed Project from the proceeds of obligations to be issued subsequent to the date hereof; and
WHEREAS, the Town reasonably expects to issue obligations to reimburse itself for the
costs associated with the Financed Project
NOW, THEREFORE, be it resolved that:
Section 1
. The Town reasonably expects to reimburse itself for costs that have been or
will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid
in connection with the acquisition, construction, reconstruction or renovation of the Financed
Project from the proceeds of obligations to be issued subsequent to the date hereof.
Section 2
ADOPTED THIS ______ DAY OF _____________, 2013.
. The Town reasonably expects that the maximum principal amount of
obligations issued to reimburse the Town for the costs associated with the Financed Project will
be $3,000,000.
TOWN OF TROPHY CLUB, TEXAS
By:
Mayor
Town Council Meeting 34 of 98 June 24, 2013
A-1
#4312441.1
EXHIBIT A
DESCRIPTION OF PROJECT
Purpose/Project
Designing, developing, constructing, improving,
extending, and expanding streets, including related storm
drainage improvements.
Amount
$1,300,000
Designing, acquiring, improving, constructing, and
renovating drainage and stormwater infrastructure and
facilities.
$1,700,000
TOTAL $3,000,000
Town Council Meeting 35 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-355-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the
installation of two bocce ball courts to be located within Harmony Park; and authorizing the Town
Manager or his designee to execute any necessary documents.
Attachments:Staff report.pdf
Bid Document.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the
installation of two bocce ball courts to be located within Harmony Park; and authorizing the Town
Manager or his designee to execute any necessary documents.
Town Council Meeting 36 of 98 June 24, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Adam Adams
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 24, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding the expenditure of 2008 Park Bond
funds towards the installation of two bocce ball courts to be located within Harmony
Park; and authorizing the Town Manager to execute any necessary documents.
Explanation:
Bocce ball continues to grow in popularity within the State of Texas and represents a
rewarding and healthy activity for active adults. The construction of two bocce ball
courts are recommended as it will allow the implementation of league play and present
various recreation opportunities to be initiated by Recreation staff. The maintenance of
these facilities is minimal. The Parks and Recreation Board voted to recommend
funding of this amenity to Town Council at their May 14, 2013 meeting.
Attachments:
1) Image Landscape Development quote
2) Total not-to-exceed price
3) Sample pictures of bocce ball courts constructed by Image Landscape
Development
4) Image Landscape Development reference letter
5) Bocce ball court location map
6) Bond review spreadsheet
Town Council Goals:
• Maintain/Improve infrastructure and assets
• Deliver responsible customer service
Recommendation:
Town Council Meeting 37 of 98 June 24, 2013
Staff recommends Town Council approval of the installation of two bocce ball courts to
be located within Harmony Park.
Town Council Meeting 38 of 98 June 24, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-364-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/13/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the
installation of bleachers to be located within Independence East; and authorizing the Town Manager
or his designee to execute any necessary documents.
Attachments:Staff Report.pdf
Proposal Southern Bleachers .pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the expenditure of 2008 Park Bond funds towards the
installation of bleachers to be located within Independence East; and authorizing the Town Manager or his
designee to execute any necessary documents.
Town Council Meeting 53 of 98 June 24, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Adam Adams
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 24, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding the expenditure of 2008 Park Bond
funds towards the installation of bleachers to be located within Independence East; and
authorizing the Town Manager to execute any necessary documents.
Explanation:
The current bleachers at Independence are inadequate due to the fact they are four
row, low profile bleachers. To help accommodate the ever-increasing attendance at
Independence both during tournament and regular league play we need to replace each
current bleacher with a standard five row bleacher. Realistically the current bleachers
can handle around 25-30 people per bleacher as opposed to the requested five row
bleacher that could accommodate up to fifty-four patrons. We will be able to use the low
profile bleachers to other venues that are practice related such as the Indy East football
field, the multi-use field or even at special events. The Parks and Recreation Board
voted to recommend this purchase to Town Council at their May 14, 2013 meeting.
Attachments:
1) Southern bleacher quote
2) Total not-to-exceed price
3) Picture of our current bleachers
4) Picture of a standard five row bleacher
5) Bond review spreadsheet
Town Council Goals:
• Maintain/Improve infrastructure and assets
• Provide cost effective services
• Deliver responsible customer service
Town Council Meeting 54 of 98 June 24, 2013
Recommendation:
Staff recommends Town Council approval of the purchase of six(6) bleachers to replace
the existing bleachers at Independence East.
Town Council Meeting 55 of 98 June 24, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-373-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/17/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding a Developer's Agreement between the Town and
Centurion Acquisitions, L.P. for the construction of public infrastructure to service lots in Village
Center, Planned Development No. 27; and authorizing the Mayor or her designee to execute all
necessary documents.
Attachments:Staff Report - Village Center Public Infrastructure.pdf
Developer's Agreement - Village Center Public Infrastructure.pdf
Attachment A - Construction Estimates.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Developer's Agreement between the Town and
Centurion Acquisitions, L.P.for the construction of public infrastructure to service lots in Village Center,
Planned Development No. 27; and authorizing the Mayor or her designee to execute all necessary
documents.
Town Council Meeting 65 of 98 June 24, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Carolyn Huggins
CC: Mike Slye, Town Manager
Re: Town Council Meeting June 24, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding a Developer’s Agreement for
construction of public infrastructure to provide service to lots in Village Center, Planned
Development No. 27. Developer: Centurion Acquisitions, L.P.
Explanation:
Village Center is the commercial property section of Planned Development No. 27 (PD-
27). The original owner, Centurion Acquisitions, L.P., has divided and sold the property
to three buyers: 1) The Church of Jesus Christ of Latter Day Saints; 2) Trophy Club
Village Centre LLC; and 3) Savi Management Company. To facilitate the sales,
Centurion Acquisitions, L.P. requested permission to build a sanitary sewer line to
service the properties. The Town Engineer and Municipal Utility District have reviewed
and approved the plans and the Council is requested to consider approval of the
Developer’s Agreement for construction of public infrastructure for Village Center of PD-
27.
Attachments:
1) Developer’s Agreement
2) Attachment A – Construction Estimates
Town Council Goals:
• Maintain/Improve infrastructure and assets
• Provide cost effective services
• Deliver responsible customer service
Recommendation:
Staff recommends Town Council approval of the Developer’s Agreement for public
infrastructure to provide service to Village Center of PD-27.
Town Council Meeting 66 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 1 of 9
PLANNED DEVELOPMENT NO. 27 (PD-27)
VILLAGE CENTER – PUBLIC INFRASTRUCTURE
DEVELOPER’S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and Centurion Acquisitions, L.P. 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 Village Center of Planned Development No. 27 (PD-27), more particularly
described as approximately 1,317 linear feet of a sanitary sewer which is more
particularly described and depicted in the Sheet 2 of Attachment “B” (identified below),
attached hereto and incorporated herein, hereinafter being referred to 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 sewer line contained within the plans, dated June 13,
2013, as reviewed by TOWN Staff and TOWN Engineer, 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.
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 sanitary sewer 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 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
Town Council Meeting 67 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 2 of 9
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,
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 7.02 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 7.02 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
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
Town Council Meeting 68 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 3 of 9
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.
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
Town Council Meeting 69 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 4 of 9
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 $74,831.00
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. 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.
K. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOW N 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.
L. 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,
Town Council Meeting 70 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 5 of 9
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: 817-490-0705 Fax: 817-336-2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
M. 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.
N. 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.
O. 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. Sanitary Sewer System and Associated Improvements
B. Other.
Town Council Meeting 71 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 6 of 9
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.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $3,741.55 (5% of $74,831.00) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The
Developers shall also be obligated to pay other applicable TOWN fees as
set forth in the TOWN’S Schedule of Fees, as may be amended from time
to time. The DEVELOPER shall be responsible for obtaining any other
permits which may be required by other federal, state or local authorities.
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
TOW N 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.
Town Council Meeting 72 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 7 of 9
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 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 AGREEMENT 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 will 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)
Town Council Meeting 73 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 8 of 9
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements.
F. Neither this AGREEMENT nor any part hereof or any interests, rights, or
obligations herein, shall not 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
Town Council Meeting 74 of 98 June 24, 2013
Developer’s Agreement – Village Center Sewer Line Page 9 of 9
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER: CENTURION ACQUISITIONS, LP
Date: ______________
Mehrdad Moayedi
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 Meeting 75 of 98 June 24, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-374-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/17/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding a Resolution amending Resolution No. 2012-28
appointing citizens to serve on boards and commissions, and appointing Town Council Liaisons, to
appoint a Council member to serve as the Town Council Liaison to Trophy Club Economic
Development Corporation 4B; and providing an effective date.
Attachments:RES 2013-13 -Council Liaisons.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Resolution amending Resolution No. 2012-28
appointing citizens to serve on boards and commissions, and appointing Town Council Liaisons, to
appoint a Council member to serve as the Town Council Liaison to Trophy Club Economic Development
Corporation 4B; and providing an effective date.
Town Council Meeting 77 of 98 June 24, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-13
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2012-26
AP POINTING CITIZENS TO SERVE ON VARIOUS BOARDS,
COMMISSIONS AND CORPORATIONS AND APPOINTING TOWN
COUNCIL MEMBERS TO SERVE AS LIAISON TO DESIGNATED
BOARDS, COMMISSIONS, AND CORPORATIONS BY APPOINTING A
COUNCIL MEMBER TO SERVE AS THE COUNCIL LIAISON FOR THE
TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards, Commissions and Corporations serving the Town;
and
WHEREAS, Town Council also has the authority to appoint a Councilmember to
serve as the Town Council Liaison as it determines appropriate for designated Boards,
Commissions, and Corporations; and
WHEREAS, the Town Council typically makes Town Council Liaison
appointments in September at the same time that it appoints residents to serve on Town
Boards, Commissions, and Corporations; and
WHEREAS, as a result of the May, 2013 election, a new Council member was
elected to Place No. 5 on the Town Council, and the outgoing Council member from
Place No. 5 served as the Town Council Liaison for the Trophy Club Economic
Development Corporation 4B; and
WHEREAS, Town Council has determined it necessary to appoint a new Town
Council Liaison to serve Trophy Club Economic Development Corporation 4B as
specifically provided below:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the Town Council hereby appoints _______________ to serve
as the Town Council Liaison to Trophy Club Economic Development Corporation 4B,
and Resolution No. 2012-26 is hereby amended to reflect that appointment.
Section 2. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
Town Council Meeting 78 of 98 June 24, 2013
RES 2013-13 Page 2 of 2
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 24th day of June, 2013.
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
[SEAL]
Town Council Meeting 79 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-356-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding a Finance Variance report dated May 2013.
Attachments:May 2013 Financials.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding a Finance Variance report dated May 2013.
Town Council Meeting 80 of 98 June 24, 2013
6/20/2013 1:02:49 PM Page 1 of 2
My Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: Current Period Ending: 05/31/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategory
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 01 - GENERAL FUND
Revenue
40 - Taxes 4,467,580.9180,569.724,769,706.00 4,769,706.00 -302,125.09 -93.67 %
41 - Licenses & Permits 1,145,396.58552,892.251,545,839.00 1,545,839.00 -400,442.42 -74.10 %
42 - Intergovernmental 141,433.720.00163,643.00 163,643.00 -22,209.28 -86.43 %
43 - Fines & Fees 312,503.6951,590.64497,335.00 497,335.00 -184,831.31 -62.84 %
44 - Charges for Services 152,837.602,703.11213,736.00 213,736.00 -60,898.40 -71.51 %
45 - Rents 31,090.646,215.5159,500.00 59,500.00 -28,409.36 -52.25 %
46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 %
47 - Investment Income 3,746.47420.814,000.00 4,000.00 -253.53 -93.66 %
48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 %
49 - Other Financing Sources 6,150.000.0012,300.00 12,300.00 -6,150.00 -50.00 %
51 - Miscellaneous 79,011.941,093.9933,000.00 33,000.00 46,011.94 -239.43 %
6,340,251.44695,486.037,304,059.00 7,304,059.00 -963,807.56Total Revenue:-86.80 %
6,340,251.44695,486.037,304,059.00 7,304,059.00 -963,807.56Total Fund: 01 - GENERAL FUND:-86.80 %
Report Total:695,486.03 6,340,251.447,304,059.00 7,304,059.00 -963,807.56 -86.80 %
Town Council Meeting 81 of 98 June 24, 2013
6/19/2013 3:29:48 PM Page 1 of 2
My Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: 2012-2013 Period Ending: 05/31/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityDepartment
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 01 - GENERAL FUND
Expense
140 - Manager's Office 433,594.1649,016.25691,823.00 691,823.00 258,228.84 37.33 %
160 - Legal 98,709.7411,844.83168,638.00 168,638.00 69,928.26 41.47 %
251 - Police 1,196,352.18146,185.001,811,015.00 1,791,015.00 594,662.82 33.20 %
255 - EMS 516,474.0253,116.98810,620.00 810,620.00 294,145.98 36.29 %
360 - Streets 523,131.4370,659.92788,409.00 808,409.00 285,277.57 35.29 %
400 - Parks 548,019.5558,011.65936,634.00 936,634.00 388,614.45 41.49 %
450 - Recreation 191,891.1030,260.53561,851.00 561,851.00 369,959.90 65.85 %
460 - Community Events 24,578.801,759.8449,700.00 49,700.00 25,121.20 50.55 %
521 - Planning and Zoning 128,563.3710,218.82164,620.00 164,620.00 36,056.63 21.90 %
522 - Community Development 205,709.3022,995.64333,028.00 333,028.00 127,318.70 38.23 %
611 - Finance 250,475.2919,949.75368,303.00 368,303.00 117,827.71 31.99 %
615 - Municipal Court 48,530.342,874.7983,946.00 83,946.00 35,415.66 42.19 %
630 - Human Resources 66,411.587,358.13113,906.00 113,906.00 47,494.42 41.70 %
640 - Information Services 232,167.9924,498.15348,141.00 348,141.00 115,973.01 33.31 %
710 - Facilities Management 63,734.102,771.5172,961.00 72,961.00 9,226.90 12.65 %
4,528,342.95511,521.797,303,595.00 7,303,595.00 2,775,252.05Total Expense:38.00 %
4,528,342.95511,521.797,303,595.00 7,303,595.00 2,775,252.05Total Fund: 01 - GENERAL FUND:38.00 %
Report Total:511,521.79 4,528,342.957,303,595.00 7,303,595.00 2,775,252.05 38.00 %
Town Council Meeting 82 of 98 June 24, 2013
GENERAL FUND
May 2013
8/12 Months (66% of Fiscal Year)
REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in
December and January before they become delinquent on February 1st. During the fiscal year, the
Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments
are billed by Denton County. Current collection rate is 99.3%.
Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior
year’s sales tax collections by $ 12,193 (1.58%). Sales Tax Revenues, however, are at 62.8% of
the budgeted amount.
Year to Date Sales Tax Collections
Increase (Decrease) FY 2012 FY 2013
Total $ 773,617 $ 785,810 $ 12,193
Below is a chart comparing sales tax collections for the prior and current years by month. The
amounts illustrated represent total sales tax collections which include portions for the general fund
(50%), EDC 4A (12.5%) and 4B (25%), and the street maintenance fund (12.5%). (Additional
Note: May collections are for March sales.)
Citizens approved dissolving the EDC-4A and creating a Crime Control and Prevention District in
the May 2013 election. The change will be effective beginning in FY14.
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
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Sales Tax Collections
FY 2012
FY 2013
Town Council Meeting 83 of 98 June 24, 2013
Licenses & Permits – Building Permit revenue for the year totals $593,687 (81.6% of the
budgeted amount).
Intergovernmental – Represents amounts to be received from the Municipal Utility District and
EDC 4B.
Fines and Fees – Developer agreements include charges (fees) to cover the cost of inspection
associated with project infrastructure. As of May 31, 2013 collections for developer fees total
$135,904 (151% of the budgeted amount). Several fees related to recreation fall within this
category and are seasonal. EMS transport revenues are lower than anticipated at this time of year.
Finance and EMS have a meeting scheduled with Intermedix (EMS Collection Agency) and will
discuss possible reasons for this.
Other Financing Sources – Represents quarterly transfers to be received from Trophy Club Park
(next transfer is scheduled for June 2013).
Miscellaneous Revenue – Includes the insurance payment received for expenses related to the
police building.
EXPENDITURES
Recreation – Seasonal expenditures.
Information Services – Incode support paid annually (Software and Support); purchased two
scanners for Tyler content manager (Hardware).
Facilities Management – The Town’s annual property insurance premium, which was paid
monthly in the prior fiscal year, was paid for in full under Facilities Management in order to take
advantage of an early payment discount. (This expense represents 62.8% of the department’s
budget).
Finance – Temporary help with Bank Reconciliation. Audit has been paid in full which makes up
10% of the total Finance budget.
Planning & Zoning – Engineering expenditures are expected to exceed budget due unanticipated
expenses related to PD 30, Trophy Wood Business Park, and Lakeview Elementary. NISD has
agreed to reimburse the Town partially for review expenses related to Lakeview Elementary.
Town Council Meeting 84 of 98 June 24, 2013
6/19/2013 3:36:40 PM Page 1 of 2
My Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: Current Period Ending: 05/31/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategory
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 09 - TROPHY CLUB PARK
Revenue
43 - Fines & Fees 80,956.364,863.20125,000.00 125,000.00 -44,043.64 -35.23 %
80,956.364,863.20125,000.00 125,000.00 -44,043.64Total Revenue:-35.23 %
Expense
50 - Personnel Services 30,443.283,640.2657,332.00 57,332.00 26,888.72 46.90 %
60 - Purchased Services 26,137.354,086.1241,736.00 41,736.00 15,598.65 37.37 %
70 - Supplies 7,410.181,714.818,400.00 8,400.00 989.82 11.78 %
80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 %
99 - Other Financing Uses 6,150.000.0012,300.00 12,300.00 6,150.00 50.00 %
70,140.819,441.19124,968.00 124,968.00 54,827.19Total Expense:43.87 %
10,815.55-4,577.9932.00 32.00 10,783.55Total Fund: 09 - TROPHY CLUB PARK:
Report Total:-4,577.99 10,815.5532.00 32.00 10,783.55
Town Council Meeting 85 of 98 June 24, 2013
TROPHY CLUB PARK FUND
May 2013
8/12 Months (66% of Fiscal Year)
REVENUES
Park Revenue – Revenues are slightly lower than last year at this time due to weekend rainfall.
EXPENDITURES
Supplies – Purchased additional maintenance equipment; however we do anticipate salary
savings to offset the potential overage in supplies.
Town Council Meeting 86 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-357-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Town Council Liasion Updates; discussion of same:
- EDC 4B Meeting (June 10th)
- Parks & Recreation Meeting (June 11th)
Attachments:
Action ByDate Action ResultVer.
Title
Town Council Liasion Updates; discussion of same:
- EDC 4B Meeting (June 10th)
- Parks & Recreation Meeting (June 11th)
Town Council Meeting 87 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-358-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Town Manager Slye's update regarding the following; discussion of same.
- Oncor Utility Rate Update
- CCPD Update
- Transportation Update
Attachments:OCSC Quarterly Update June 2013.pdf
Steering Committee.pdf
Action ByDate Action ResultVer.
Title
Town Manager Slye's update regarding the following; discussion of same.
- Oncor Utility Rate Update
- CCPD Update
- Transportation Update
Town Council Meeting 88 of 98 June 24, 2013
Steering Committee of Cities
Served by Oncor
Quarterly Update: June 2013
Cities play active role at the Texas Legislature
The 83rd Regular Session of the Texas Legislature concluded on May 27, 2013. Over 100 bills relating to
electric and gas service were filed during the session, including several bills that would have been harmful
for municipalities and their residents and others that were beneficial to municipalities.
With strong opposition from cities, utilities were unsuccessful in their
attempts to make it more difficult for cities to participate in rate cases and
remove cities’ original jurisdiction through failed House Bills 1148 and 1149.
The Public Utility Commission (“PUC” or “Commission”) was reauthorized
through the sunset bill, House Bill 1600, which provided the PUC with addi-
tional oversight authority to protect the electric grid. During discussions of
the bill, lawmakers directed the PUC to conduct a cost-benefit analysis be-
fore any transition to a capacity market. Cities will continue to advocate for
that cost-benefit review.
The Texas Coalition for Affordable Power (“TCAP”) was successful with its
support of House Bill 500 that specifically exempts TCAP and other similar
political subdivision corporations from making franchise tax filings with the
State Comptroller, reducing needless paperwork for those entities.
Over the objection of municipal coalitions, the Legislature adopted Senate Bill 1364, which limits the
Commission’s discretion over electric utilities’ collection of federal corporate income taxes. Cities op-
posed the bill because it allows utilities to collect hundreds of millions of dollars to pay the federal taxes
of parent companies, even though the funds are not actually used for that purpose.
The last day Governor Perry can sign or veto bills passed during the regular session is June 16, 2013.
Oncor files for approval of 2014 Energy Efficiency Cost Recovery
Factor (“EECRF”)
Docket No. 41544 — On May 31, 2013, Oncor Electric Delivery Company, LLC filed its
2014 EECRF application. Utilities are required to file no later than June 1 of every year to
adjust its EECRF to reflect changes in program costs, bonuses, and true-up any over– or
under– collection of costs resulting from the EECRF. Last year, the Commission author-
ized Oncor to recover $72.6 million through its EECRF. In its latest filing, Oncor is seeking
to collect $72.9 million during 2014. Of this amount, Oncor seeks to spend $59.5 million
on energy efficiency program costs and $2.3 million on evaluation, measurement, and
verification costs. Additionally, Oncor is requesting $11.6 million for its 2012 perfor-
mance bonus. Oncor projects 2014 savings to be 121.9 MW and 225,028 MW.
Town Council Meeting 89 of 98 June 24, 2013
OCSC Quarterly Update Page 2
Oncor files to increase Transmission Cost Recovery Factor
On May 31, 2013, Oncor filed a petition for approval of a Transmission Cost Recovery Factor (“TCRF”) up-
date. The TCRF provides a nonbypassable transmission service charge that is assessed to retail electric
providers (“REPs”) on behalf of all retail customers. Transmission providers are permitted to update
their TCRFs on March 1 and September 1 of every year to pass through any changes in transmission
costs. Oncor’s TCRF rate is increasing from $0.007926 kWh in March 2013 to $0.012052 kWh on Septem-
ber 1, 2013. As companies complete construction of the various transmission projects approved as part
of the competitive renewable energy zone (“CREZ”) transmission program, TCRF rates are expected to
continue to increase over the next few years. The map below from the CREZ Progress Report No. 11 pre-
pared for the PUC in April 2013 by RS&H depicts the status of the various CREZ lines being built across
Texas.
Advanced metering alternatives still being discussed
Project No. 41111 — In February 2013, the Commission approved the proposal for publication of new
P.U.C. Subst. R. 25.133 relating to advanced metering system customer options and amendments to
P.U.C. Subst. R. 25.214 relating to terms and conditions of retail delivery service provided by investor-
owned transmission and distribution utilities (“TDUs”). These rules would permit customers to select an
alternative to an advanced meter. After interested parties filed com-
ments in April, the Commission held a public hearing on the rules on
April 19, 2013. Numerous individuals spoke during the public comment
portion of the hearing. Many suggested that smart meters are danger-
ous to people’s health, that customers should not be charged a fee for
a smart meter or to return to an analog meter, that customers should
be allowed to self-report electric usage, and that a public information
campaign should be launched to warn of the dangers of smart meters
and notify the public of the opt-out option.
Town Council Meeting 90 of 98 June 24, 2013
The PUC opens rulemaking on Provider of Last Resort
Project No. 41277 — In April 2013, the Commission opened a rulemaking to amend P.U.C. Subst. R.
25.43 relating to Provider of Last Resort (“POLR”). The POLR rule ensures that service will be available
to any requesting retail customer if a customer’s retail electric provider (“REP”) fails to provide service
to the customer or fails to meet its obligations. In each even-numbered year, the Commission deter-
mines the eligibility of certified REPs to serve as POLR providers beginning the following year. The pur-
pose of the proposed amendments to the strawman rule filed by Commission Staff is to allow a large
service provider (“LSP”) to request that the Commission allow another affiliated REP to provide POLR
service on behalf of the LSP. OCSC filed comments in May expressing several concerns, including the
possible impact of an affiliated REP being affected by a bankruptcy reorganization. Other groups ex-
pressed concerns that an affiliate REP’s service could be priced higher than those of the LSP. Cities will
continue to monitor this rulemaking project.
ERCOT’s potential resource adequacy issue this summer being
considered by the PUC
For the past two years, the PUC, in conjunction with ERCOT, has been examining the ERCOT wholesale
market to determine whether any aspect of the market design is hindering generation resource develop-
ment. Currently, in PUC Project No. 40000, the focus of this effort is upon a proposal termed the Oper-
ating Reserve Demand Curve, or ORDC. If adopted, the ORDC would set prices according to pre-set pa-
rameters whenever ERCOT deploys energy from
standby generating capacity that ERCOT pro-
cures each day to assist it in meeting de-
mand. While the ORDC may sound like an un-
welcome development, it may be preferable to
the current market design, in which prices go to
the applicable offer cap whenever that standby
capacity is deployed. The ORDC presents the
advantage of setting prices on an increasing
curve – that is, instead of just setting the high-
est possible price whenever reserves are de-
ployed, the ORDC sets a gradually increasing
price tied to how short on energy the system
is. The PUC has a workshop on certain issues
related to the ORDC in late June. Cities are par-
ticipating in the project and will continue to
evaluate the ORDC concept.
Questions?
If you have questions about any Steering Committee matter or communication,
please feel free to contact:
Geoffrey Gay at
(512) 322-5875 or ggay@lglawfirm.com or
Thomas Brocato at
(512) 322-5857 or tbrocato@lglawfirm.com.
OCSC Quarterly Update Page 3
Lloyd Gosselink Rochelle and Townsend, P.C.
816 Congress Avenue Suite 1900
Austin, Texas 78701
Town Council Meeting 91 of 98 June 24, 2013
1669/16/3778165
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
M E M O R A N D U M
TO: Oncor Cities Steering Committee
FROM: Geoffrey M. Gay
DATE: June 18, 2013
RE: Notice of Intent to Participate in EFH Bankruptcy
On Thursday, June 12, 2013, the Executive Committee of the Steering Committee of
Cities Served by Oncor voted to authorize participation in a bankruptcy proceeding involving
Energy Future Holdings (“EFH”), parent company of Oncor, if and when such filing takes place.
The resolutions passed by cities authorizing membership in the Steering Committee give
authority to the Executive Committee to intervene the group into regulatory and legislative
matters, subject to the right of any member to compel withdrawal of the member from the
proceeding in question. I was told by the Executive Committee to provide all members notice of
this decision. If your city wants to avoid participation with the Steering Committee in the
EFH bankruptcy proceeding, please let me know before the bankruptcy petition is filed. If
you are comfortable with the Steering Committee’s efforts to protect the public interest in an
EFH bankruptcy you need do nothing in response to this communication. It is the intent of the
Committee that a pleading reflecting an intent to participate be filed the day that we learn that a
petition has been filed.
The Committee’s goal in participating in an EFH bankruptcy would be to protect Oncor
ratepayers, which is likely to involve protecting Oncor from EFH’s creditors. Presumably Oncor
is ring fenced from affiliated operations of Luminant (which owns the old TXU generation fleet)
and TXU Energy, the deregulated entity that serves retail customers. However, some creditors
may attempt to penetrate the ring fence and get to Oncor’s assets to cover some of EFH’s
enormous debt. Other issues that the Steering Committee may need to address include:
1. TXU Energy is the largest Retail Electric Provider (“REP”) in the State. In
bankruptcies of REP’s, customer contracts could be sold to another REP or
customers could be switched to the Provider of Last Resort (“PLR”). PLR
rates are higher than market rates and are likely higher than the majority of
existing retail contracts. Additionally, the PLR for the Oncor service territory
is TXU Energy. The market has yet to encounter a situation where a bankrupt
REP is also a bankrupt PLR.
Town Council Meeting 92 of 98 June 24, 2013
June 18, 2013
Page 2
1669/16/3778165
2. Oncor is profitable. All of its revenues come from REPs. What happens to
Oncor’s cash flow and financial integrity when the largest source of revenue
ceases to pay what the REP owes to Oncor? Is it possible that EFH could
manipulate Oncor into bankruptcy in a carefully crafted reorganization plan
by depriving Oncor of payments owed by affiliates?
3. Twenty percent of Oncor is currently owned by foreign investors. Cities
should desire for ownership and control of the transmission and distribution
assets to remain it Texas. System reliability could be adversely impacted by
out-of-state owners who bleed off profits and fail to properly maintain the
system. Deteriorating reliability could adversely impact local economic
development.
4. Competition in the ERCOT wholesale market would be enhanced if
Luminant’s generation assets were sold to a variety of different suppliers. On
the other hand, if the entire fleet of power plants is sold at a bankruptcy
auction to one party, competition may suffer from abuse of market power.
5. If Oncor is forced into bankruptcy, timely payment of franchise fees owed by
Oncor to members could be at risk.
Participation by the Steering Committee on behalf of all member cities should be more
effective than participation by any single city. However, there may be some members of the
Steering Committee who wish to participate individually, as well as through the Steering
Committee. While all members have meters owned by Oncor, most members receive retail
electric service from a REP other than TXU Electricity. A city that has a retail electric contract
with TXU Energy may want to consider separate participation in the bankruptcy. If such
separate participation is desired, the Steering Committee will make every effort to facilitate, and
cooperate with, individual city participants. No conflicts of interest between cities are foreseen.
Town Council Meeting 93 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-359-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Mayor and Council updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- Northwest Metro Chamber Luncheon
- EPPC Update
- Metroport Update
- Ribbon Cutting Event
- I35 Coalition Update
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council updates regarding training opportunities, educational sessions, and regional meetings;
discussion of same.
- Northwest Metro Chamber Luncheon
- EPPC Update
- Metroport Update
- Ribbon Cutting Event
- I35 Coalition Update
Town Council Meeting 94 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-361-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Items for Future Agendas.
Attachments:FutureAgendaItemList.pdf
Action ByDate Action ResultVer.
Title
Items for Future Agendas.
Town Council Meeting 95 of 98 June 24, 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)
Town Council Meeting 96 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-379-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/20/2013 Town Council
On agenda:Final action:6/24/2013
Title:Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed
executive session as authorized by:
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.
Attachments:
Action ByDate Action ResultVer.
Title
Pursuant to Texas Government Code, Annotated, subchapter 551, Council will convene into closed
executive session as authorized by:
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.
Town Council Meeting 97 of 98 June 24, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-360-T Name:
Status:Type:Agenda Item Draft
File created:In control:6/10/2013 Town Council
On agenda:Final action:6/24/2013
Title:Consider and take appropriate action regarding the Executive Session.
Attachments:
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Executive Session.
Town Council Meeting 98 of 98 June 24, 2013