Agenda Packet TC 03/18/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:30 PMMonday, March 18, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2013-167-T Economic Outlook Presentation
2.2013-168-T Discussion of agenda items posted for consideration on the Regular
Session Agenda for March 18, 2013.
3.2013-169-T Discussion of proposed agenda items for the April 8, 2013 Regular Session
Agenda.
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.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
Town Council 1 of 92 Meeting Date: March 18, 2013
March 18, 2013Town Council Meeting Agenda
4.2013-172-T Consider and take appropriate action regarding Resolution 2013-04 of the
Town of Trophy Club, Texas, adopting 457 Deferred Compensation Plan.
RES 2013-04 Amend.pdf
1 Item.pdf
2 Item.pdf
3 Item.pdf
4 Item.pdf
5 Item.pdf
Attachments:
5.2013-170-T Consider and take appropriate action regarding the Minutes dated March 4,
2013.
008 March 4, 2013 Minutes.pdfAttachments:
6.2013-171-T Consider and take appropriate action regarding the Joint Town Council &
TC MUD 1 Board Minutes dated March 5, 2013.
March 5, 2013 Joint session minutes.pdfAttachments:
7.2013-184-T Consider and take appropriate action regarding the resignation of Planning
& Zoning Commissioner Clayton Reed.
Resignation PZ Reed.pdfAttachments:
REGULAR SESSION
8.2013-173-T Annual Award Presentation to the Police Department; and discussion of the
same.
9.2013-174-T Consider and take appropriate action regarding the traffic analysis report for
the Highlands neighborhoods conducted by the Police Department.
survey memorandum.pdfAttachments:
10.2013-175-T Consider and take appropriate action regarding the expenditure of the
remaining 2008 Park Bond funds toward the installation of two t-ball
backstops located within Independence East in an amount not to exceed
$11,056.50; and authorize the Town Manager to execute any necessary
documents.
1 quote.pdf
2 Bid.pdf
3 Item Park Bond.pdf
Map1.jpg
Map2.jpg
Attachments:
Town Council 2 of 92 Meeting Date: March 18, 2013
March 18, 2013Town Council Meeting Agenda
11.2013-176-T Consider and take appropriate action to approve a Developer's Agreement
with Northwest Independent School District (NISD) for the public water line
to be constructed at Lakeview Elementary School, 100 Village Trail; and
authorize the Mayor to execute any documents.
NISD Developer's Agreement.pdf
Attachment A - Construction Costs.pdf
Attachments:
12.2013-182-T Consider and take appropriate action regarding financial and variance
report dated February 2013.
February 2013 GF & TCP Financials.pdfAttachments:
13.2013-177-T Town Council Liasion Updates; discussion of same:
- March 11, 2013 Economic Development Corporation 4B; CM Strother
14.2013-178-T Town Manager Slye's update regarding the following:
- Gold Leadership Circle Award
- Police Department Facility Update
- Emergency Siren installation
- Parks & Recreation Update
- Metroport Cities Partnership - Trophy Club Host
- Ethics Ordinance
15.2013-179-T Mayor and Council Updates regarding training opportunities, educational
sessions, and regional meetings; discussion of same.
- March 5, 2013 Chamber Luncheon
16.2013-183-T Items for Future Agendas.
March 18th Future Agenda Items List.pdfAttachments:
ADJOURN
Town Council 3 of 92 Meeting Date: March 18, 2013
March 18, 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 March 15, 2013 by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
______________________________
Amy Piukana, TRMC
Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance, and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2013.
________________________________, Title: ___________________________
Town Council 4 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-167-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Economic Outlook Presentation
Attachments:
Action ByDate Action ResultVer.
Title
Economic Outlook Presentation
Town Council 5 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-168-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Discussion of agenda items posted for consideration on the Regular Session Agenda for March 18,
2013.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of agenda items posted for consideration on the Regular Session Agenda for March 18, 2013.
Town Council 6 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-169-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Discussion of proposed agenda items for the April 8, 2013 Regular Session Agenda.
Attachments:
Action ByDate Action ResultVer.
Title
Discussion of proposed agenda items for the April 8, 2013 Regular Session Agenda.
Town Council 7 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-172-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding Resolution 2013-04 of the Town of Trophy Club,
Texas, adopting 457 Deferred Compensation Plan.
Attachments:RES 2013-04 Amend.pdf
1 Item.pdf
2 Item.pdf
3 Item.pdf
4 Item.pdf
5 Item.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding Resolution 2013-04 of the Town of Trophy Club, Texas,
adopting 457 Deferred Compensation Plan.
Background
The Town provides employees the opportunity to individually contribute to 457 Deferred Compensation Plans.
The Town does not contribute to these retirement accounts, and the employee is solely responsible for setting
up, financing, and managing the accounts. The Town Council will need to adopt Resolution 2013-04 which will
provide employees another financial firm to choose from for personal investments.
Town Council 8 of 92 Meeting Date: March 18, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-04
A RESOLUTION OF THE TOWN COUNCIL OF THE OF THE TOWN OF
TROPHY CLUB, TEXAS ADOPTING A 457 DEFERRED
COMPENSATION PLAN; ESTABLISHING FUNDING ACCOUNTS FOR
INVESTMENT CONTRIBUTIONS UNDER THE PLAN; AUTHORIZING
THE TOWN MANAGER TO EXECUTE NECESSARY PLAN
DOCUMENTS; AUTHORIZED BY THE TOWN COUNCIL; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club Town Council, (the “Council”) pursuant to
its authority to adopt employee benefit programs, wishes to adopt plan documents to
make the benefits of the Security Benefit 457 Deferred Compensation Plan available to
Town Employees (the “Plan”); and
WHEREAS, the Council wishes to take any action necessary to adopt such trust
accounts, annuity contracts or custodial accounts as are necessary to establish funding
vehicles with Security Benefit affiliates for the Plan, to receive and invest contributions
in such investment options as are selected by Employees participating in the Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. The form of plan document for the Security Benefit 457 Deferred
Compensation Plan is hereby approved and adopted by the Town for the benefit of
Town Employees;
Section 2. Pursuant to the Plan, the Council further establishes funding
accounts with Security Benefit for receipt of the investment contributions made under
the Plan, as directed by participating Town Employees; and
Section 3. The Town Manager is hereby authorized and directed to execute
the Plan documents for the Plan in substantially the form presented to the Council, to
communicate the terms of the Plan to Town Employees, to designate Town Employees
as eligible for participation in the Plan in accordance with Plan terms, to enter into
agreements with Plan participants for participation in the Plan, including Salary
Reduction Agreements, to execute all necessary documents, and to take such further
actions as may be necessary and appropriate to implement the Plan and effectuate the
terms and intent of this and all other applicable documents.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas on this the 18th day of March, 2013.
Connie White, Mayor
Town Council 9 of 92 Meeting Date: March 18, 2013
RES 2013-04 Page 2 of 2
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Amy M. Piukana, TRMC; Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council 10 of 92 Meeting Date: March 18, 2013
Questions? Call our National Service Center at 1-800-888-2461.
Adoption Agreement For Governmental
457 Deferred Compensation Plan and Trust
®
SDI 980 43-09808-00 2012/01/06 (1/1)
The Employer, a Governmental Entity, establishes a 457 Deferred Compensation Plan and Trust under this Adoption
Agreement and the accompanying Basic Plan Document and Trust.
Introduction
Employer EIN_________________________________________________________________________________________________________
Employer Name ______________________________________________________________________________________________________
Mailing Address_________________________________________________ _____________________ ______ ________________________
Street Address City State ZIP Code
Plan Trust EIN (Complete only if different from Employer EIN)_________________________________________________________
Plan Effective Date __________________________________________________________________________________________________
The Plan Year for the Plan is the 12 months beginning on the first day of each _______________________(Specify month)
Plan Name (Complete only if different from Employer Name)__________________________________________________________
Employer Type ❍Political Unit (Village, City, County, State, etc.)❍Public Hospital
❍Public School District (K-12)❍Other (Specify Type)____________________________
1. Employer and Plan Information
❑Deferral Contributions – All Participants may elect to have Deferral Contributions made to the Plan under a
Salary Reduction Agreement or Enrollment Form with the Employer.
❑Matching Contributions – The Employer will match _______% of the first ______% of Compensation deferred to the
Plan under the Salary Reduction Agreement or Enrollment Form of the Employee (if different, please specify):
________________________________________________________________________________________________________________
________________________________________________________________________________________________________________
❑Non-Elective Contributions – The Employer will make such Non-Elective Contributions as it determines under
the Plan, to be allocated as scheduled on a separate schedule provided by the Employer with each Contribution.
(Specify Formula):_____________________________________________________________________________________________
________________________________________________________________________________________________________________
❑After-tax Roth contributions Effective Date (mm/dd/yyyy) _____________________________
PLAN EXECUTION
By execution of this document, the Employer verifies that it is an eligible Governmental Entity and hereby establishes a 457
Deferred Compensation Plan and Trust under this Adoption Agreement and accompanying Basic Plan Document and Trust.
x______________________________________________________________________ ______________________________________________
Entity Official (Printed Name) Title
x__________________________________________________________________________________________________ __________________
Signature of Entity Official Date (mm/dd/yyyy)
ACCEPTANCE BY TRUSTEE
UMB Bank, n.a., hereby accepts appointment as Trustee under this 457 Deferred Compensation Plan and Trust.
x__________________________________________________________________________________________________ __________________
Signature of Authorized Representative of Security Benefit on behalf of UMB Date (mm/dd/yyyy)
2. Contributions To The Plan
Mail to: Security Benefit •PO Box 750497 •Topeka, KS 66675-0497 or
Fax to: 1-785-368-1772
Visit us online at www.securitybenefit.com
Town Council 11 of 92 Meeting Date: March 18, 2013
Basic Plan Document For Governmental
457 Deferred Compensation Plan and Trust
®
Town Council 12 of 92 Meeting Date: March 18, 2013
Town Council 13 of 92 Meeting Date: March 18, 2013
The Employer named on an Adoption Agreement for this 457 Deferred Compensation Plan and Trust, by executing
the Adoption Agreement, establishes a 457 Plan intended to conform to and qualify under Code §457 of the Internal
Revenue Code of 1986, for a Governmental Entity described in Code §457(e)(1)(A). If the Employer adopts this Plan
as a restated Plan in substitution for, and in amendment of, an existing plan, the provisions of this Plan, as a restated
Plan, apply solely to an Employee who severs employment with the Employer on or after the restated Effective Date
of the Employer’s Plan. If an Employee severs employment with the Employer prior to the restated Effective Date,
that Employee is entitled to benefits under the Plan as the Plan existed on the date of the Employee’s severance
from employment.
This Basic Plan Document establishes the provisions of the Plan, and upon execution of the Adoption Agreement
by the trustee, also includes an agreement establishing a Trust under the provisions of Article VIII below, which is
intended to be qualified under Code §457(g) to hold the assets of the Plan. With the consent of SDI, Plan assets
may also (or instead) be held by one or more different trustees under a separate trust agreement or in the form of
one or more annuity contracts issued by a duly qualified insurance company, provided that any such separate trust or
annuity contract also satisfies the requirements of Code §§ 401(f) and 457(g), and provided finally that in the event of a
conflict between this Plan (other than Article VIII) and such separate trust or annuity contract, the provisions of this Plan
shall control.
ARTICLE I – DEFINITIONS
1.01 “Account”means the bookkeeping account maintained with respect to each Participant which reflects the value of
the deferred Compensation credited to the Participant, including all Deferred Compensation contributed for the
Participant, the earnings or loss of the Fund (net of Fund expenses) allocable to the Participant, any transfers for
the Participant’s benefit, and any distribution made to the Participant or the Participant’s Beneficiary. If a Participant
has more than one Beneficiary at the time of the Participant’s death, then a separate Account shall be maintained
for each Beneficiary. The Account includes any account established under Articles III and VII for rollover
contributions and plan-to-plan transfers made for a Participant, the account established for a Beneficiary after a
Participant’s death, and any account or accounts established for an alternate payee (as defined in section 414(p)(8)
of the Code).
1.02 “Beneficiary”means the designated person who is entitled to receive benefits under the Plan after the death of a
Participant.
1.03 “Code”means the Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to
sections of the Code are to such sections as they may from time to time be amended or renumbered.
1.04 “Compensation”means all cash compensation for services to the Employer, including salary, wages, fees,
commissions, bonuses, and overtime pay, that is includible in the Employee’s gross income for the calendar year,
plus amounts that would be cash compensation for services to the Employer includible in the Employee’s gross
income for the calendar year but for a compensation reduction election under section 125, 132(f), 401(k), 403(b), or
457(b) of the Code (including an election to defer compensation under Article II. The Plan Administrator will take
into account only Compensation actually paid for the relevant period. A Compensation payment includes
Compensation paid by the Employer through another person under the common paymaster provisions in Code
§§3121 and 3306.
1.05 “Deferred Compensation”means the total amount of all contributions made to the Plan on behalf of the
Participant for a Plan Year, including Elective Deferrals and, if permitted, Matching Contributions and Employer
Contributions.
1.06 “Effective Date”of this Plan is the date specified in the Employer’s Adoption Agreement. However, the Plan
applies to the applicable Plan provision any delayed effective date permitted by the Code, by Treasury regulation,
or by other guidance published in the Internal Revenue Bulletin.
1.07 “Elective Deferrals”are salary reduction contributions and cash or deferred contributions the Employer
contributes to the Trust on behalf of an eligible Employee, irrespective of whether, in the case of cash or deferred
contributions, the contribution is at the election of the Employee.
1
BASIC PLAN DOCUMENT FOR GOVERNMENTAL
457 DEFERRED COMPENSATION PLAN AND TRUST
Town Council 14 of 92 Meeting Date: March 18, 2013
1.08 “Employee”means each natural person, whether appointed or elected, who is employed and designated by the
Employer as a common law employee, excluding any employee who is included in a unit of employees covered by
a collective bargaining agreement that does not specifically provide for participation in the Plan. The Plan excludes
leased employees (Code §414(n)).
1.09 “Employer”means each State governmental entity which adopts this Plan by executing and Adoption Agreement.
1.10 “Includible Compensation”means an Employee’s actual wages in box 1 of Form W-2 for a year for services to
the Employer, but subject to a maximum of $200,000 (or such higher maximum as may apply under section
401(a)(17) of the Code) and increased (up to the dollar maximum) by any compensation reduction election under
section 125, 132(f), 401(k), 403(b), or 457(b) of the Code (including an election to defer Compensation under
Article II.
1.11 “Independent Contractor”means any individual who performs service for the Employer and who the Employer
does not treat as an Employee or a leased employee. If the Employer provides contributions for any Independent
Contractors under the Plan, references to Employee in the Plan will include Independent Contractors.
1.12 “Normal Retirement Age”means any age designated by the Participant: (a) on or after the earlier of age 65 or
the age at which the Participant has the right to retire and receive, under any basic defined benefit or money
purchase pension plan of the Employer, immediate retirement benefits without actuarial or similar reduction
because of retirement before some later specified age, and (b) not later than age 70 ½. Any Plan Participant who is
a qualified police or firefighter as described in Code §415(b)(2)(H)(ii)(I) may designate a normal retirement age
between age 40 and age 70 ½.
1.13 “Participant”means an individual who is currently or who has previously received contributions under the Plan
and who has not received a distribution of his or her entire benefit under the Plan. Only individuals who perform
services for the Employer as a common law Employee or, where specified by the Employer, as an Independent
Contractor, may receive contributions under the Plan.
1.14 “Plan”means the 457 Deferred Compensation Plan established or continued by the Employer in the form of an
Adoption Agreement and this Plan and Trust Agreement. The Employer will designate the name of the Plan in its
Adoption Agreement. The Plan maintained by each adopting Employer is a separate Plan, independent from the
plan of any other employer adopting this or a similar 457 Plan. All section references within the Plan are Plan
section references unless the context clearly indicates otherwise.
1.15 “Plan Administrator”is the Employer unless the Employer designates another person to hold the position of Plan
Administrator. The Employer may alternatively designate another person or organization to perform duties assigned
to the Plan Administrator under this Agreement.
1.16 “Plan Year”means the 12 month fiscal year of the Plan, which is the calendar year unless otherwise specified in
the Employer’s Adoption Agreement.
1.17 “Salary Reduction Agreement”means an enrollment form or other written agreement between the Employee and
the Employer, by which the Employer reduces the Employee’s Compensation for Compensation not available as of
the date of the election and contributes the amount as an Elective Deferral to the Employee’s Account.
1.18 “SDI”means Security Distributors, Inc., which has provided this sample plan document and which receives
contributions made under the plan for the purchase of trust account or annuity contract investment products it
distributes and makes available under the Plan. SDI is an affiliate of Security Benefit Corporation.
1.19 “Service”means any period of time the Employee is in the employ of the Employer. In the case of an independent
contractor, Service means any period of time the independent contractor performs services for the Employer on an
independent contractor basis. A common law employee terminates Service (other than by death) when he/she has
a Severance from Employment or has retired. An independent contractor terminates Service (other than by death)
when his contract(s) with the Employer, under which he/she performs services, expires, unless the Employer
anticipates a renewal of the contractual relationship. The Employer anticipates renewal if it intends to contract for
the services provided under the expired contract and neither the Employer nor the independent contractor has
eliminated the independent contractor as a potential provider of such services under the new contract.
Furthermore, the Employer anticipates renewal if the Employer intends to contract with the independent contractor
under a new contract conditioned on the Employer’s need for the services provided under the expired contract or
the Employer’s availability of funds. Notwithstanding the preceding provisions of this Section 1.19, the Plan
Administrator will consider an independent contractor terminated from Service on the date twelve months after his
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Town Council 15 of 92 Meeting Date: March 18, 2013
contract for services expires, provided the independent contractor has not performed services for the Employer as
an independent contractor nor as a common law employee within such twelve-month period.
1.20 “Severance from Employment”means the date that the Employee dies, retires, or otherwise has a severance
from employment with the Employer, as determined by the Plan Administrator (and taking into account guidance
issued under the Code).
1.21 “State”means a State (treating the District of Columbia as a State as provided under §7701(a)(10)), a political
subdivision of a State, and any agency or instrumentality of a State.
1.22 “Trust”means the Trust created under Article VIII of this Plan. The Trust created and established under the
adopting Employer’s Plan is a separate Trust, independent of the trust of any other Employer adopting this 457
Deferred Compensation Plan. Where the context of a specific provision of this Plan requires (other than Article
VIII), any separate trust, custodial agreement, or annuity contract shall be considered the Trust for that provision.
1.23 “Trust Agreement”means a written agreement (or declaration) made by and between the Employer and the
Trustee under which the Trust Fund is maintained, including the provisions of Article VIII below.
1.24 “Trustee”means UMB Bank, n.a., or such other person or persons who as Trustee execute the Employer’s
Adoption Agreement, or any successor in office who in writing accepts the position of Trustee. Where the context of
a specific provision of this Plan requires (other than Article VIII), any trustee under a separate trust agreement,
custodian under a custodial agreement, or insurance company that issues annuity contracts shall be considered
the Trustee.
1.25 “Trust Fund”means the trust fund created under and subject to the Trust Agreement.
1.26 “Valuation Date”means the last day of the Plan Year and such other times as the assets of the Plan may be
valued. The Plan Administrator will allocate Employer contributions and forfeitures for a particular Participant as of
the Valuation Date next following the date of remittance to the Trust, at least once each Plan Year on the last
Valuation Date of that Plan Year.
ARTICLE II – PARTICIPATION IN PLAN
2.01 ELIGIBILITY FOR DEFERRAL CONTRIBUTIONS.Unless otherwise provided in an Adoption Agreement, each
Employee becomes eligible to participate in the Plan for the purpose of making Elective Deferrals immediately
upon the later of the Effective Date of this Plan or upon the date he/she becomes an Employee.
2.02 ELECTION REQUIRED FOR PARTICIPATION.An Employee may elect to become a Participant by executing an
election to defer a portion of his or her Compensation (and have that amount contributed as an Elective Deferral on
his or her behalf) and filing a Salary Reduction Agreement with the Plan Administrator. The Salary Reduction
Agreement form shall be provided by the Plan Administrator and shall require the Employee to agree to be bound
by all the terms and conditions of the Plan. The Plan Administrator may establish a minimum deferral amount, and
may change such minimums from time to time. The Salary Reduction Agreement (or a separate form obtained at
that time) shall also include designation of investment funds and a designation of Beneficiary. Any such election
shall remain in effect until a new election is filed.
2.03 COMMENCEMENT OF PARTICIPATION.An Employee shall become a Participant as soon as administratively
practicable following the date the Employee files a participation election pursuant to Section 2.02. Such election
shall become effective no earlier than the calendar month following the month in which the election is made. A new
Employee may defer compensation payable in the calendar month during which the Participant first becomes an
Employee if an agreement providing for the deferral is entered into on or before the first day on which the
Participant performs services for the Employer.
2.04 ELIGIBILITY FOR MATCHING AND NON-ELECTIVE CONTRIBUTIONS.If Matching Contributions or Non-
Elective Contributions may be made to the Plan, as elected in the Adoption Agreement, the Employer shall
determine, in it’s discretion, which Employees shall be eligible to receive such contributions. This determination
may be made by classification, by establishing service and/or age requirements consistent with the requirements of
the Code, if any, under the terms of individual employment agreements or collective bargaining agreements, or by
the Employer individually selecting employees as eligible to receive allocations of Matching Contributions or Non-
Elective Contributions. Eligibility conditions may be attached to the Adoption Agreement as an addendum thereto.
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Town Council 16 of 92 Meeting Date: March 18, 2013
2.05 CONTRIBUTIONS MADE PROMPTLY.Elective Deferrals by the Participant under the Plan shall be transferred to
the Trust Fund within a period that is not longer than is reasonable for the proper administration of the Participant’s
Account. For this purpose, Elective Deferrals shall be treated as contributed within a period that is not longer than
is reasonable for the proper administration if the contribution is made to the Trust Fund within 15 business days
following the end of the month in which the amount would otherwise have been paid to the Participant.
2.06 AMENDMENT TO SALARY REDUCTION AGREEMENT.Subject to other provisions of the Plan, a Participant may
at any time revise his or her Salary Reduction Agreement, including a change of the amount of his or her Elective
Deferrals, his or her investment direction and his or her designated Beneficiary. Unless the election specifies a later
effective date, a change in the amount of the Elective Deferrals shall take effect as of the first day of the next
following month or as soon as administratively practicable if later. A change in the investment direction shall take
effect as of the date provided by the Plan Administrator on a uniform basis for all Employees. A change in the
Beneficiary designation shall take effect when the election is accepted by the Plan Administrator.
2.07 LEAVE OF ABSENCE.Unless an election is otherwise revised, if a Participant is absent from work by leave of
absence, Elective Deferrals under the Plan shall continue to the extent that Compensation continues.
2.08 DISABILITY.A disabled Participant may elect Elective Deferrals during any portion of the period of his or her
disability to the extent that he or she has actual Compensation (not imputed Compensation and not disability
benefits) from which to make contributions to the Plan and has not had a Severance from Employment.
ARTICLE III – CONTRIBUTIONS/LIMITATIONS ON CONTRIBUTIONS
3.01 CONTRIBUTION FORMULAS.The Employer will contribute to the Plan on behalf of each Participant the amount
determined by application of the contribution formula(s) elected by the Employer in its Adoption Agreement. The
formulas may provide for the following types of contributions:
Deferral Contributions.If Deferral Contributions are elected, the Employer will contribute for each Participant
the amount, if any, by which the Participant has elected to reduce his/her Compensation for the Plan Year
under his/her Salary Reduction Agreement on file with the Plan Administrator. A Participant may make an
election to defer Compensation for a month only if the Participant makes an agreement to defer before the
beginning of such month.
Employer Matching Contributions.If Matching Contributions are elected, the Employer will contribute for
each Participant it determines to be eligible for Matching Contributions the amounts determined under the
formula specified in the Adoption Agreement. Matching Contributions shall be fully vested when made and
allocated to a Participant’s Account.
Employer Non-Elective Contributions.If Employer Non-Elective Contributions are elected, the Employer
shall contribute to the Trust such an amount or amounts as it determines, in it’s sole discretion, to be allocated
to those Employees it determines to be eligible for such contributions. If no contribution allocation formula is
specified in the Adoption Agreement, Non-Elective Contributions shall be allocated in accordance with an
allocation schedule determined in its sole discretion by the Employer. Non-elective Contributions shall be fully
vested when made and allocated to a Participant’s Account.
3.02 BASIC ANNUAL CONTRIBUTION LIMITATION.The maximum amount of a Participant’s Deferred Compensation
under the Plan for any calendar year shall not exceed the lesser of (i) the Applicable Dollar Amount or (ii) the
Participant’s Includible Compensation for the calendar year. The Applicable Dollar Amount is the amount
established under section 457(e)(15) of the Code applicable.
3.03 AGE 50 CATCH-UP DEFERRED COMPENSATION CONTRIBUTIONS. A Participant who will attain age 50 or
more by the end of the calendar year is permitted to elect an additional amount of Deferred Compensation, up to
the maximum age 50 catch-up Deferred Compensation for the year. The maximum dollar amount of the age 50
catch-up Deferred Compensation is the applicable dollar amount determined under section 414(v)(2)(B)(i) of the
Code, as made applicable by section 457(e)(18) of the Code.
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Town Council 17 of 92 Meeting Date: March 18, 2013
3.04 SPECIAL SECTION 457 CATCH-UP LIMITATION.If the applicable year is one of a Participant’s last 3 calendar
years ending before the year in which the Participant attains Normal Retirement Age and the amount determined
under this Section 3.04 exceeds the amount computed under Sections 3.02 and 3.03, then the Deferred
Compensation limit under this Article III shall be the lesser of:
(a) An amount equal to 2 times the Section 3.02 Applicable Dollar Amount for such year; or
(b) The sum of:
(1) An amount equal to (A) the aggregate Section 3.02 limit for the current year plus each prior calendar year
beginning after December 31, 2001 during which the Participant was an Employee under the Plan, minus
(B) the aggregate amount of Compensation that the Participant deferred under the Plan during such years,
plus
(2) An amount equal to (A) the aggregate limit referred to in section 457(b)(2) of the Code for each prior
calendar year beginning after December 31, 1978 and before January 1, 2002 during which the Participant
was an Employee (determined without regard to Sections 3.03 and 3.04), minus (B) the aggregate
contributions to Pre-2002 Coordination Plans for such years.
However, in no event can the deferred amount be more than the Participant’s Compensation for the year.
3.05 SPECIAL RULES.For purposes of this Article III, the following rules shall apply:
(a) If the Participant is or has been a participant in one or more other eligible plans within the meaning of section
457(b) of the Code, then this Plan and all such other plans shall be considered as one plan for purposes of
applying the foregoing limitations of this Article III. For this purpose, the Plan Administrator shall take into
account any other such eligible plan maintained by the Employer and shall also take into account any other
such eligible plan for which the Plan Administrator receives from the Participant sufficient information
concerning his or her participation in such other plan.
(b) In applying Section 3.04, a year shall be taken into account only if (i) the Participant was eligible to participate
in the Plan during all or a portion of the year and (ii) Compensation deferred, if any, under the Plan during the
year was subject to the Basic Annual Limitation described in Section 3.02 or any other plan ceiling required by
section 457(b) of the Code.
(c) For purposes of Section 3.04(b)(2)(B), “contributions to Pre-2002 Coordination Plans” means any employer
contribution, salary reduction or elective contribution under any other eligible Code section 457(b) plan, or a
salary reduction or elective contribution under any Code section 401(k) qualified cash or deferred arrangement,
Code section 402(h)(1)(B) simplified employee pension (SARSEP), Code section 403(b) annuity contract, and
Code section 408(p) simple retirement account, or under any plan for which a deduction is allowed because of
a contribution to an organization described in section 501(c)(18) of the Code, including plans, arrangements or
accounts maintained by the Employer or any employer for whom the Participant performed services. However,
the contributions for any calendar year are only taken into account for purposes of Section 3.04(b)(2)(B) to the
extent that the total of such contributions does not exceed the aggregate limit referred to in section 457(b)(2) of
the Code for that year.
(d) For purposes of Sections 3.02, 3.03 and 3.04, an individual is treated as not having deferred compensation
under a plan for a prior taxable year to the extent Excess Deferrals under the plan are distributed, as described
in Section 3.06. To the extent that the combined deferrals for pre-2002 years exceeded the maximum deferral
limitations, the amount is treated as an Excess Deferral for those prior years.
3.06 CORRECTION OF EXCESS DEFERRALS. If the Deferred Compensation on behalf of a Participant for any
calendar year exceeds the limitations described above, or the Deferred Compensation on behalf of a Participant for
any calendar year exceeds the limitations described above when combined with other amounts deferred by the
Participant under another eligible deferred compensation plan under section 457(b) of the Code for which the
Participant provides information that is accepted by the Plan Administrator, then the Deferred Compensation, to the
extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall
be distributed to the Participant.
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Town Council 18 of 92 Meeting Date: March 18, 2013
3.07 PROTECTION OF PERSONS WHO SERVE IN A UNIFORMED SERVICE. An Employee whose employment is
interrupted by qualified military service under Code section 414(u) or who is on a leave of absence for qualified
military service under Code section 414(u) may elect to make additional Elective Deferrals upon resumption of
employment with the Employer equal to the maximum Elective Deferrals that the Employee could have elected
during that period if the Employee’s employment with the Employer had continued (at the same level of
Compensation) without the interruption or leave, reduced by the Elective Deferrals, if any, actually made for the
Employee during the period of the interruption or leave. This right applies for five years following the resumption of
employment (or, if sooner, for a period equal to three times the period of the interruption or leave).
3.08 ELIGIBLE ROLLOVER CONTRIBUTIONS TO THE PLAN.
(a) A Participant who is an Employee and who is entitled to receive an eligible rollover distribution from another
eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan.
The Plan Administrator may require such documentation from the distributing plan as it deems necessary to
effectuate the rollover in accordance with section 402 of the Code and to confirm that such plan is an eligible
retirement plan within the meaning of section 402(c)(8)(B) of the Code.
(b) For purposes of Section 3.08(a), an eligible rollover distribution means any distribution of all or any portion of a
Participant’s benefit under another eligible retirement plan, except that an eligible rollover distribution does not
include (1) any installment payment for a period of 10 years or more, (2) any distribution made as a result of an
unforeseeable emergency or other distribution which is made upon hardship of the employee, or (c) for any
other distribution, the portion, if any, of the distribution that is a required minimum distribution under section
401(a)(9) of the Code. In addition, an eligible retirement plan means an individual retirement account described
in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a
qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or 403(b) of
the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible
rollover distribution.
(c) The Plan shall establish and maintain for the Participant a separate account for any eligible rollover distribution
paid to the Plan from any eligible retirement plan that is not an eligible governmental plan under section 457(b)
of the Code. In addition, the Plan shall establish and maintain for the Participant a separate account for any
eligible rollover distribution paid to the Plan from any eligible retirement plan that is an eligible governmental
plan under section 457(b) of the Code.
ARTICLE IV – TIME AND METHOD OF PAYMENT OF BENEFITS
4.01 DISTRIBUTIONS AT RETIREMENT OR OTHER SEVERANCE FROM EMPLOYMENT.Upon retirement or other
Severance from Employment (other than due to death), a Participant is entitled to receive a distribution of his or her
Account under any form of distribution permitted under Section 4.03 commencing at the date elected under Section
4.02. If a Participant does not elect otherwise, the distribution shall be paid as soon as practicable following Normal
Retirement Age or, if later, following retirement or other Severance from Employment and payment shall be made in
monthly installments of the minimum annual payments described in paragraph (b) of Section 4.03.
4.02 ELECTION OF BENEFIT COMMENCEMENT DATE.A Participant may elect to commence distribution of benefits
at any time after retirement or other Severance from Employment by an election filed before the date on which
benefits are to commence. However, in no event may distribution of benefits commence later than the date
described in Section 4.08.
4.03 FORMS OF DISTRIBUTION.In an election to commence benefits under Section 4.02, a Participant entitled to a
distribution of benefits under this Article may elect to receive payment in any of the following forms of distribution:
(a) a lump sum payment of the total Account or
(b) annual installment payments through the year of the Participant’s death, the amount payable each year at least
equal to a fraction of the Account equal to one divided by the distribution period set forth in the Uniform
Lifetime Table at section 1.401(a)(9)-9, A-2, of the Income Tax Regulations for the Participant’s age on the
Participant’s birthday for that year. If the Participant’s age is less than age 70, the distribution period is at least
27.4 plus the number of years that the Participant’s age is less than age 70. At the Participant’s election, this
annual payment can be made in monthly, quarterly, semi-annual or annual installments. The Account for this
calculation (other than the final installment payment) is the balance of the Account as of the end of the year
prior to the year for which the distribution is being calculated. Payments shall commence on the date elected
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Town Council 19 of 92 Meeting Date: March 18, 2013
under Section 4.02. For any year, the Participant can elect distribution of a greater amount (not to exceed the
amount of the remaining Account) in lieu of the amount calculated using this formula.
4.04 DEATH BENEFIT DISTRIBUTIONS.Commencing in the calendar year following the calendar year of the
Participant’s death, the Participant’s Account shall be paid to the Beneficiary in a lump sum.
Alternatively, if the Beneficiary with respect to the Participant’s Account is a natural person, at the Beneficiary’s
election, distribution can be made in annual installments (calculated in a manner that is similar to installments
under Section 4.03) with the distribution period determined under this paragraph. If the Beneficiary is the
Participant’s surviving spouse, the distribution period is equal to the Beneficiary’s life expectancy using the single
life table in section 1.401(a)(9)-9, A-1, of the Income Tax Regulations for the spouse’s age on the spouse’s birthday
for that year. If the Beneficiary is not the Participant’s surviving spouse, the distribution period is the Beneficiary’s
life expectancy determined in the year following the year of the Participant’s death using the single life table in
section 1.401(a)(9)-9, A-1, of the Income Tax Regulations for the Beneficiary’s age on the Beneficiary’s birthday for
that year, reduced by one for each year that has elapsed after that year. For any year, a Beneficiary can elect
distribution of a greater amount (not to exceed the amount of the remaining Account) in lieu of the amount
calculated using this formula.
4.05 ACCOUNTS OF $5,000 OR LESS.Notwithstanding Sections 4.02, 4.03 and 4.04, if the balance of a Participant’s
Account is not in excess of $5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater) on the date
that payments commence under Section 4.03 or on the date of the Participant’s death, then payment shall be made
to the Participant (or to the Beneficiary if the Participant is deceased) in a lump sum equal to all the Participant’s
Account as soon as practicable following the Participant’s retirement, death, or other Severance from Employment.
Effective March 28, 2005, however, no mandatory distribution shall be made to or for the benefit of a Participant (or
Beneficiary) whose account balance is greater than $1,000 unless the Participant (or Beneficiary) either elects to
have such distribution paid directly to an Eligible Retirement Plan in a direct rollover or elects to receive the
distribution directly in accordance with the Plan.
4.06 AMOUNT OF ACCOUNT.Except as provided in Section 4.03, the amount of any payment under this Article IV
shall be based on the balance of the Account on the preceding Valuation Date.
4.07 REVOCATION OF PRIOR ELECTION.Any election made under this Article IV may be revoked at any time.
4.08 LATEST DISTRIBUTION DATE.In no event shall any distribution under this Article IV begin later than the later of
(a) April 1 of the year following the calendar year in which the Participant attains age 70½ or (b) April 1 of the year
following the year in which the Participant retires or otherwise has a Severance from Employment. If distributions
commence in the calendar year following the later of the calendar year in which the Participant attains age 70½ or
the calendar year in which the Severance from Employment occurs, the distribution on the date that distribution
commences must be equal to the annual installment payment for the year that the Participant has a Severance
from Employment determined under paragraph (b) of Section 4.03 and an amount equal to the annual installment
payment for the year after Severance from Employment determined under paragraph (b) of Section 4.03 must also
be paid before the end of the calendar year of commencement.
4.09 IN-SERVICE DISTRIBUTIONS FROM ROLLOVER ACCOUNT.If a Participant has a separate account attributable
to rollover contributions to the plan, the Participant may at any time elect to receive a distribution of all or any
portion of the amount held in the rollover account.
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Town Council 20 of 92 Meeting Date: March 18, 2013
4.10 UNFORESEEABLE EMERGENCY DISTRIBUTION.
(a) Distribution. If the Participant has an unforeseeable emergency before retirement or other Severance from
Employment, the Participant may elect to receive a lump sum distribution equal to the amount requested or, if
less, the maximum amount determined by the Plan Administrator to be permitted to be distributed under this
Section 4.10.
(b) Unforeseeable emergency defined. An unforeseeable emergency is defined as a severe financial hardship of
the Participant resulting from: an illness or accident of the Participant, the Participant’s spouse, or the
Participant’s dependent (as defined in section 152(a)); loss of the Participant’s property due to casualty
(including the need to rebuild a home following damage to a home not otherwise covered by homeowner’s
insurance, e.g., as a result of a natural disaster); the need to pay for the funeral expenses of the Participant’s
spouse or dependent (as defined in section 152(a) of the Code); or other similar extraordinary and
unforeseeable circumstances arising as a result of events beyond the control of the Participant. For example,
the imminent foreclosure of or eviction from the Participant’s primary residence may constitute an
unforeseeable emergency. In addition, the need to pay for medical expenses, including non-refundable
deductibles, as well as for the cost of prescription drug medication, may constitute an unforeseeable
emergency. Except as otherwise specifically provided in this Section 4.10, neither the purchase of a home nor
the payment of college tuition is an unforeseeable emergency.
(c) Unforeseeable emergency distribution standard. A distribution on account of unforeseeable emergency may not
be made to the extent that such emergency is or may be relieved through reimbursement or compensation
from insurance or otherwise, by liquidation of the Participant’s assets, to the extent the liquidation of such
assets would not itself cause severe financial hardship, or by cessation of deferrals under the plan.
(d) Distribution necessary to satisfy emergency need. Distributions because of an unforeseeable emergency may
not exceed the amount reasonably necessary to satisfy the emergency need (which may include any amounts
necessary to pay any federal, state, or local income taxes or penalties reasonably anticipated to result from the
distribution).
4.11 MANDATORY DISTRIBUTIONS FOR CERTAIN ACCOUNTS OF $5,000 OR LESS.At the direction of the Plan
Administrator, a Participant’s total Account shall be paid in a lump sum as soon as practical following the direction if
(a) the total Account does not exceed $5,000 (or the dollar limit under section 411(a)(11) of the Code, if greater),
(b) the Participant has not previously received a distribution of the total amount payable to the Participant under
this Section 5.11 and (c) no Deferred Compensation has been contributed for the Participant during the two-year
period ending immediately before the date of the distribution. Effective March 28, 2005, however, no mandatory
distribution shall be made to or for the benefit of a Participant whose account balance is greater than $1,000 unless
the Participant (or Beneficiary) either elects to have such distribution paid directly to an Eligible Retirement Plan in
a direct rollover or elects to receive the distribution directly in accordance with the Plan.
4.12 ROLLOVER DISTRIBUTIONS.
(a) A Participant or the surviving spouse of a Participant (or a Participant’s former spouse who is the alternate
payee under a domestic relations order, as defined in section 414(p) of the Code) who is entitled to an eligible
rollover distribution may elect, at the time and in the manner prescribed by the Plan Administrator, to have all or
any portion of the distribution paid directly to an eligible retirement plan specified by the Participant in a direct
rollover.
(b) For purposes of this Section 4.12, an eligible rollover distribution means any distribution of all or any portion of
a Participant’s Account, except that an eligible rollover distribution does not include (a) any installment payment
under Section 4.03 for a period of 10 years or more (b) any distribution made under Section 4.10 as a result of
an unforeseeable emergency, or (c) for any other distribution, the portion, if any, of the distribution that is a
required minimum distribution under section 401(a)(9). In addition, an eligible retirement plan means an
individual retirement account described in section 408(a) of the Code, an individual retirement annuity
described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity
plan described in section 403(a) or 403(b) of the Code, or an eligible governmental plan described in section
457(b) of the Code, that accepts the eligible rollover distribution.
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Town Council 21 of 92 Meeting Date: March 18, 2013
ARTICLE V – PLAN ADMINISTRATOR - DUTIES WITH RESPECT TO PARTICIPANTS’ ACCOUNTS
5.01 PLAN ADMINISTRATOR.The Employer is the Plan Administrator unless the Employer designates another person
to hold the position of Plan Administrator. Alternatively, the Plan Administrator may designate one or more persons
or organizations to perform some of the duties of the Plan Administrator. The Plan Administrator may be a
Participant in the Plan. The Plan Administrator may appoint a Committee to assist in carrying out his responsibilities
and duties. The Plan Administrator and the members of the Committee will serve without compensation for
services, but the Employer will pay all expenses of the Plan Administrator and Committee.
5.02 TERM.The Plan Administrator will serve until his successor is appointed.
5.03 POWERS.In case of a vacancy in the position of the Plan Administrator, the Employer will exercise any and all of
the powers, authority, duties and discretion conferred upon the Plan Administrator pending the filling of the
vacancy.
5.04 GENERAL.The Plan Administrator will have the following powers and duties:
(a) To select a Committee to assist the Plan Administrator;
(b) To select a Secretary for the Committee, who need not be a member of the Committee;
(c) To determine the rights of eligibility of an Employee to participate in the Plan and the value of a Participant’s
Account;
(d) To adopt rules of procedure and regulations necessary for the proper and efficient administration of the Plan
provided the rules are not inconsistent with the terms of this Prototype Plan;
(e) To construe and enforce the terms of the Plan and the rules and regulations it adopts, including interpretation
of the Plan documents and documents related to the Plan’s operation;
(f) To direct the distribution of a Participant’s Account;
(g) To review and render decisions respecting a claim for (or denial of a claim for) a benefit under the Plan;
(h) To furnish the Employer with information which the Employer may require for tax or other purposes;
(i) To establish a policy in making distributions for unforeseeable emergencies;
(j) To engage the services of any person to invest any Account under this Plan and to direct such person to make
payment to a Participant of his Account;
(k) To comply with the reporting and disclosure rules, if any, applicable to the Plan; and
(l) To establish, in its sole discretion, a policy (see Section 5.04(A)) which the Trustee must observe in making
loans, if any, to Participants and Beneficiaries.
The Plan Administrator must exercise all of its powers, duties and discretion under the Plan in a uniform and
nondiscriminatory manner. The Plan Administrator shall have total and complete discretion to interpret and construe
the Plan and to determine all questions arising in the administration, interpretation and application of the Plan. Any
determination the Plan Administrator makes under the Plan is final and binding upon any affected person.
5.05 PLAN LOANS.A Participant who is an Employee may apply for and receive a loan from his or her Account as
provided in this Section 5.05. The Plan Administrator will establish procedures for the extension of Plan Loans,
which shall incorporate the following limitations and restrictions:
(a) Any such loan may not be for an amount less than the minimum amount specified by the Administrator. If not
specified by the Administrator, the minimum loan amount shall be $1,000.
(b) No loan to a Participant hereunder may exceed the lesser of:
(1) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant
on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the
Participant during the one-year period ending on the day before the date the loan is approved by the
Administrator (not taking into account any payments made during such one-year period), or
(2) one half of the value of the Participant’s vested Account (as of the Valuation Date immediately preceding
the date on which such loan is approved by the Administrator).
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Town Council 22 of 92 Meeting Date: March 18, 2013
For purposes of this Section 5.05, any loan from any other plan maintained by a participating employer shall be
treated as if it were a loan made from the Plan, and the Participant’s vested interest under any such other plan
shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall
not be applied so as to allow the amount of a loan under this Section 5.05 to exceed the amount that would
otherwise be permitted in the absence of this paragraph.
(c) The terms of the loan shall:
(1) require level amortization with payments not less frequently than quarterly throughout the repayment
period, except that alternative arrangements for repayment may apply in the event that the borrower is
on a bona fide unpaid leave of absence for a period not to exceed one year for leaves other than a
qualified military leave within the meaning of section 414(u) of the Code or for the duration of a leave
which is due to qualified military service;
(2) require that the loan be repaid within five years unless the Participant certifies in writing to the
Administrator that the loan is to be used to acquire any dwelling unit which within a reasonable time is to
be used (determined at the time the loan is made) as a principal residence of the Participant; and
(3) except as otherwise provided in a separate loan policy or annuity contract, provide for interest at a rate
equal to one percentage point above the prime rate as published in a nationally recognized newspaper
designated by the Plan Administrator that publishes the prime rate daily on the first business day of the
month in which the loan is approved by the Administrator.
(d) Any loan to a Participant under the Plan shall be secured by the pledge of the portion of the Participant’s
interest in the Plan invested in such loan.
(e) In the event that a Participant fails to make a loan payment under this Section 4 by the end of the calendar
quarter after the calendar quarter in which payment was due, a default on the loan shall occur. In the event of
such default, (i) all remaining payments on the loan shall be immediately due and payable, (ii) the Plan
Administrator shall apply the portion of the Participant’s interest in the Plan held as security for the loan in
satisfaction of the loan on the date of Severance from Employment. In addition, the Plan Administrator may
take any legal action it considers necessary or appropriate to enforce collection of the unpaid loan, with the
costs of any legal proceeding or collection to be charged to the Account of the Participant.
(f) Notwithstanding anything elsewhere in the Plan to the contrary, in the event a loan is outstanding hereunder on
the date of a Participant’s death, his or her estate shall be his or her Beneficiary as to the portion of his or her
interest in the Plan invested in such loan (with the Beneficiary or Beneficiaries as to the remainder of his or her
interest in the Plan to be determined in accordance with otherwise applicable provisions of the Plan).
(g) The Participant shall be required, as a condition to receiving a loan, to enter into an irrevocable agreement
authorizing the Employer to make payroll deductions from his or her Compensation as long as the Participant is
an Employee and to transfer such payroll deduction amounts to the Trustee in payment of such loan plus interest.
Alternatively, the Employer may require the Participant to authorize loan payments by electronic fund transfers
(EFTs), or make other arrangements for the automated payment of loan installments when due. A Participant may
prepay the entire outstanding balance of his loan at any time, but may not make a partial prepayment.
5.06 AUTHORIZED REPRESENTATIVE.The Plan Administrator may authorize any one of the members of the
Committee, if any, or the Committee’s Secretary, to sign on its behalf any notices, directions, applications,
certificates, consents, approvals, waivers, letters or other documents.
5.07 INDIVIDUAL ACCOUNTS.The Plan Administrator will maintain a separate Account in the name of each Participant
to reflect the value of the Participant’s Deferred Compensation under the Plan. The Plan Administrator will maintain
records of its activities.
5.08 VALUE OF PARTICIPANT’S ACCOUNT.The value of each Participant’s Account will consist of his accumulated
Deferred Compensation, as adjusted for earnings (or losses) pursuant to this Section 5.08, including any transfers
accepted by the Plan pursuant to Section 7.04. All Participant Accounts shall be treated for contribution and income
allocation purposes as segregated investment Accounts. A segregated investment Account receives all income it
earns and bears all expense or loss it incurs. The Plan Administrator will adopt procedures for determining income
or loss of a segregated investment Account in a manner which reasonably reflects investment directions occurring
after the last Valuation Date.
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Town Council 23 of 92 Meeting Date: March 18, 2013
5.09 ACCOUNT CHARGED The Plan Administrator will charge all distributions made to a Participant or to his
Beneficiary, or transferred under Section 7.04 from his Account, against the Account of the Participant when made.
5.10 PARTICIPANT DIRECTION OF INVESTMENT. Subject to the consent of the Plan Administrator, a Participant will
have the right to direct the investment or re-investment of the assets comprising the Participant’s Account. The Plan
Administrator will account separately for the Participant-directed Accounts in segregated investment Accounts. The
Participant’s right to direct investment does not give the Participant any vested interest or secured or preferred
position with respect to assets over which he/she has investment responsibility. If a Participant fails to exercise the
right to direct investment of his Accounts, the Accounts shall be invested (along with any suspense accounts in the
Plan) in a “safe” investment fund designated by the Employer.
5.11 LIABILITY. The Employer will not be liable to pay benefits to a Participant under Article IV in excess of the value of
the Participant’s Account and neither the Employer nor the Plan Administrator will be liable for losses arising from
depreciation or shrinkage in the value of any investments acquired under this Plan.
ARTICLE VI – PARTICIPANT ADMINISTRATIVE PROVISIONS
6.01 BENEFICIARY DESIGNATION.A Participant from time to time may designate, in writing, any person(s) (including
a trust or other entity), contingently or successively, to whom the Trustee will pay the Participant’s Account
(including any life insurance proceeds payable to the Participant’s Account) in the event of death. A Participant also
may designate the form and method of payment of his/her Account. The Plan Administrator will prescribe the form
for the Participant’s written designation of Beneficiary and, upon the Participant’s filing the form with the Plan
Administrator, the form effectively revokes all designations filed prior to that date by the same Participant. A divorce
decree, or a decree of legal separation, revokes the Participant’s designation, if any, of his/her spouse as his/her
Beneficiary under the Plan unless the decree or a QDRO provides otherwise. The foregoing revocation provision
applies only with respect to a Participant whose divorce or legal separation becomes effective on or following the
date the Employer executes this Plan.
6.02 NO BENEFICIARY DESIGNATION. If a Participant fails to name a Beneficiary in accordance with Section 6.01, or
if the Beneficiary named by a participant predeceases him, then the Plan Administrator will pay the Participant’s
remaining Account in accordance with Article IV in the following order of priority, to:
(a) The Participant’s surviving spouse; or
(b) The Participant’s estate.
If the Beneficiary survives the Participant, but dies prior to distribution of the Participant’s entire Account, the
Trustee will pay the remaining Account to the Beneficiary’s estate unless: (1) the Participant’s Beneficiary
designation provides otherwise; (2) or the Beneficiary has properly designated a beneficiary. A Beneficiary only may
designate a beneficiary for the Participant’s Account remaining at the Beneficiary’s death, if the Participant has not
previously designated a successive contingent beneficiary and the Beneficiary’s designation otherwise complies
with the Plan terms. The Plan Administrator will direct the Trustee as to the method and to whom the Trustee will
make payment under this Section 6.02.
6.03 MODIFICATION OF SALARY REDUCTION AGREEMENT. A Participant may modify his/her Salary Reduction
Agreement to change the amount of Deferred Compensation not yet earned (including the reduction of future
salary reductions to zero) by executing a new Salary Reduction Agreement. Any amendment will become effective
no earlier than the beginning of the calendar month commencing after the date he/she executes the new Salary
Reduction Agreement. Upon filing a new Salary Reduction Agreement, it will revoke all Salary Reduction
Agreements filed prior to that date. The Employer or Plan Administrator may restrict the Participant’s right to modify
his Salary Reduction Agreement in any taxable year.
6.04 INFORMATION PROVIDED BY THE PARTICIPANT.Each Employee enrolling in the Plan should provide to the
Plan Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or
advisable for the Plan Administrator to administer the plan, including, without limitation, whether the Employee is a
participant in any other eligible plan under Code section 457(b).
6.05 ADDRESS FOR NOTIFICATION.Each Participant and each Beneficiary of a deceased Participant must file with
the Plan Administrator from time to time, in writing, his post office address and any change of post office address.
Any communication, statement or notice addressed to a Participant, or Beneficiary, at his last post office address
filed with the Plan Administrator, or as shown on the records of the Employer, binds the Participant, or Beneficiary,
for all purposes of this Plan.
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Town Council 24 of 92 Meeting Date: March 18, 2013
ARTICLE VII – AMENDMENT, TERMINATION, TRANSFERS
7.01 AMENDMENT BY EMPLOYER. The Employer has the right at any time and from time to time:
(a) To amend this Plan and Trust Agreement in any manner it deems necessary or advisable in order to continue
the status of this Plan as a Code §457 Plan; and
(b) To amend this Plan and Trust Agreement in any other manner.
The Employer must make all amendments in writing. Each amendment must state the date to which it is either
retroactively or prospectively effective. The Employer also may not make any amendment which affects the rights,
duties or responsibilities of the Trustee or the Plan Administrator without the written consent of the affected Trustee
or the Plan Administrator.
7.02 AMENDMENT BY SDI.SDI may amend this Plan at any time by written instrument to continue the qualification of
this Plan as a 457 Deferred Compensation Plan, or to facilitate the administrative operation of the Plan. Upon such
amendment, SDI shall promptly notify the Employer of the Amendment in writing.
7.03 TERMINATION.The Employer has the right, at any time, to terminate this Plan. Upon termination of the Plan, the
provisions of the Plan (other than provisions permitting continued deferrals) remain operative until distribution of all
Accounts.
7.04 PLAN-TO-PLAN TRANSFERS TO THE PLAN.At the direction of the Employer, the Plan Administrator may permit
a class of Participants who are participants in another eligible governmental plan under section 457(b) of the Code
to transfer assets to the Plan as provided in this Section 7.04. Such a transfer is permitted only if the other plan
provides for the direct transfer of each Participant’s interest therein to the Plan. The Plan Administrator may require
in its sole discretion that the transfer be in cash or other property acceptable to the Plan Administrator. The Plan
Administrator may require such documentation from the other plan as it deems necessary to effectuate the transfer
in accordance with section 457(e)(10) of the Code and section 1.457-10(b) of the Income Tax Regulations and to
confirm that the other plan is an eligible governmental plan as defined in section 1.457-2(f) of the Income Tax
Regulations. The amount so transferred shall be credited to the Participant’s Account and shall be held, accounted
for, administered and otherwise treated in the same manner as Deferred Compensation contributed for the
Participant under the Plan, except that the transferred amount shall not be considered Deferred Compensation
under the Plan in determining the maximum deferral under Article III.
7.05 PLAN-TO-PLAN TRANSFERS FROM THE PLAN.
(a) At the direction of the Employer, the Plan Administrator may permit a class of Participants and Beneficiaries to
elect to have all or any portion of their Account transferred to another eligible governmental plan within the
meaning of section 457(b) of the Code and section 1.457-2(f) of the Income Tax Regulations. A transfer is
permitted under this Section 7.05(a) for a Participant only if the Participant has had a Severance from
Employment with the Employer and is an employee of the entity that maintains the other eligible governmental
plan. Further, a transfer is permitted under this Section 7.05(a) only if the other eligible governmental plan
provides for the acceptance of plan-to-plan transfers with respect to the Participants and Beneficiaries and for
each Participant and Beneficiary to have an amount deferred under the other plan immediately after the
transfer at least equal to the amount transferred.
(b) Upon the transfer of assets under this Section 7.05, the Plan’s liability to pay benefits to the Participant or
Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or
Beneficiary. The Plan Administrator may require such documentation from the receiving plan as it deems
appropriate or necessary to comply with this Section 7.05 (for example, to confirm that the receiving plan is an
eligible governmental plan under paragraph (a) of this Section 7.05, and to assure that the transfer is permitted
under the receiving plan) or to effectuate the transfer pursuant to section 1.457-10(b) of the Income Tax
Regulations.
7.06 PERMISSIVE SERVICE CREDIT TRANSFERS.
(a) If a Participant is also a participant in a tax-qualified defined benefit governmental plan (as defined in section
414(d) of the Code) that provides for the acceptance of plan-to-plan transfers with respect to the Participant,
then the Participant may elect to have any portion of the Participant’s Account transferred to the defined benefit
governmental plan. A transfer under this Section 7.06(a) may be made before the Participant has had a
Severance from Employment.
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Town Council 25 of 92 Meeting Date: March 18, 2013
(b) A transfer may be made under Section 7.06(a) only if the transfer is either for the purchase of permissive
service credit (as defined in section 415(n)(3)(A) of the Code) under the receiving defined benefit
governmental plan or a repayment to which section 415 of the Code does not apply by reason of section
415(k)(3) of the Code.
ARTICLE VIII – TRUST PROVISIONS FOR GOVERNMENTAL 457 PLAN
8.01 ACCEPTANCE; OTHER TRUSTS OR ANNUITIES. Upon execution of the Adoption Agreement, the Trustee
accepts the Trust created under this Plan and Trust and agrees to perform the duties and obligations imposed by
this agreement for assets held hereunder. The Employer may also establish with the consent of SDI other trusts or
custodial accounts to hold assets for the Plan or enter into one or more annuity contracts to provide benefits under
the Plan, provided that such other trusts, custody accounts or annuity contracts satisfy the applicable requirements
of Code §§ 401(f) and 457(g). The Employer may specify rules for the division of contributions or transfer of Plan
assets between trusts, custodial accounts and contracts it authorizes under this Plan. The responsibilities of the
other trustees, custodians or insurers shall not be governed by this Article VIII, but shall be governed by the other
agreements, and the Trustee hereunder shall have no responsibility therefore. Any other trustee, custodian or
insurer shall have no responsibility for the actions of the Trustee hereunder.
8.02 RECEIPT OF CONTRIBUTIONS. The Trustee is accountable to the Employer for the funds contributed to it by the
Employer or the Plan Administrator, but the Trustee does not have any duty to see that the contributions received
comply with the provisions of the Plan.
8.03 FULL INVESTMENT POWERS. The Trustee has full discretion and authority with regard to the investment of the
Trust, except with respect to a Trust asset under Participant direction of investment, in accordance with Section 8.10.
The Trustee is authorized and empowered, but not by way of limitation, with the following powers, rights and duties:
(a) To invest any part or all of the Trust in any common or preferred stocks, open-end or closed-end mutual funds,
put and call options traded on a national exchange, United States retirement plan bonds, corporate bonds,
debentures, convertible debentures, commercial paper, U. S. Treasury bills, U. S. Treasury notes and other
direct or indirect obligations of the United States Government or its agencies, improved or unimproved real
estate situated in the United States, limited partnerships, insurance contracts of any type, mortgages, notes or
other property of any kind, real or personal, and to buy or sell options on common stock on a nationally
recognized options exchange with or without holding the underlying common stock, as a prudent man would do
under like circumstances. Any investment made or retained by the Trustee in good faith will be proper but must
be of a kind constituting a diversification considered by law suitable for trust investments;
(b) To retain in cash so much of the Trust as it may deem advisable to satisfy liquidity needs of the Plan and to
deposit any cash held in the Trust in a bank account at reasonable interest;
(c) To invest, if the Trustee is a bank or similar financial institution supervised by the United States or by a State, in
any type of deposit of the Trustee (or a bank related to the Trustee within the meaning of Code §414(b)) at a
reasonable rate of interest, or the Trustee may invest in a common trust fund as described in Code §584, or in
a collective investment fund, the provisions of which the Trust incorporates by this reference, which the Trustee
(or its affiliate, as defined in Code §1504) or any other bank maintains exclusively for the collective investment
of money contributed by the bank (or its affiliate) or by any other trustee in its capacity as trustee or custodian
of an eligible employee benefit plan, which common trust fund or collective investment fund further conforms to
the rules of the Comptroller of the Currency;
(d) To manage, sell, contract to sell, grant options to purchase, convey, exchange, transfer, abandon, improve,
repair, insure, lease for any term even though commencing in the future or extending beyond the term of the
Trust, and otherwise deal with all property, real or personal, in such manner, for such considerations and on
such terms and conditions as the Trustee will decide;
(e) To credit and distribute the Trust as directed by the Plan Administrator of the Plan. The Plan Administrator may
direct the Trustee to distribute to the Plan Administrator or directly to a Participant or to a Beneficiary under the
Plan. The Trustee will not be obliged to inquire as to whether any payee or distributee is entitled to any
payment or whether the distribution is proper or within the terms of the Plan, or as to the manner of making any
payment or distribution. The Trustee will be accountable only to the Plan Administrator for any payment or
distribution made by it in good faith on the order or direction of the Plan Administrator;
(f) To borrow money, to assume indebtedness, extend mortgages and encumber by mortgage or pledge;
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Town Council 26 of 92 Meeting Date: March 18, 2013
(g) To compromise, contest, arbitrate or abandon claims and demands, in its discretion;
(h) To have with respect to the Trust all of the rights of an individual owner, including the power to give proxies, to
participate in any voting trusts, mergers, consolidations or liquidations, and to exercise or sell stock
subscriptions or conversion rights;
(i) To lease for oil, gas and other mineral purposes and to create mineral severances by grant or reservation; to
pool or unitize interest in oil, gas and other minerals; and to enter into operating agreements and to execute
division and transfer orders;
(j) To hold any securities or other property in the name of the Trustee or its nominee, with depositories or agent
depositories or in another form as it may deem best, with or without disclosing the trust relationship;
(k) To perform any and all other acts in its judgment necessary or appropriate for the proper and advantageous
management, investment and distribution of the Trust;
(l) To retain any funds or property subject to any dispute without liability for the payment of interest, and to decline
to make payment or delivery of the funds or property until final adjudication is made by a court of competent
jurisdiction;
(m) To file all tax returns required of the Trustee;
(n) To furnish to the Employer and the Plan Administrator an periodic statement of account showing the condition
of the Trust and all investments, receipts, disbursements and other transactions effected by the Trustee during
the Plan Year covered by the statement and also stating the assets of the Trust held at the end of the Plan
Year, which accounts will be conclusive on all persons, including the Employer and the Plan Administrator,
except as to any act or transaction concerning which the Employer or the Plan Administrator files with the
Trustee written exceptions or objections within 90 days after the receipt of the accounts; and
(o) To begin, maintain or defend any litigation necessary in connection with the administration of the Trust, except
that the Trustee will not be obliged or required to do so unless indemnified to its satisfaction.
8.04 RECORDS AND STATEMENTS. The records of the Trustee pertaining to the Trust will be open to the inspection of
the Plan Administrator and the Employer at all reasonable times and may be audited from time to time by any
person or persons as the Employer or Plan Administrator may specify in writing. The Trustee will furnish the Plan
Administrator with whatever information relating to the Trust the Plan Administrator considers necessary.
8.05 FEES AND EXPENSES FROM FUND. The Trustee will receive reasonable annual compensation in accordance
with its fee schedule as published from time to time. The Trustee will pay all fees and expenses reasonably
incurred by it in its administration of the Trust unless the Employer pays the fees and expenses.
8.06 PROFESSIONAL AGENTS. The Trustee may employ and pay from the Trust reasonable compensation to agents,
attorneys, accountants and other persons to advise the Trustee as in its opinion may be necessary. The Trustee
may delegate to any agent, attorney, accountant or other person selected by it any non-Trustee power or duty
vested in it by the Trust, and the Trustee may act or refrain from acting on the advice or opinion of any agent,
attorney, accountant or other person so selected. The Trustee has employed SDI and it’s affiliate, Security
Financial Resources, Inc., as agents hereunder to perform certain non-discretionary services for the Trust and the
Trustee.
8.07 DISTRIBUTION OF CASH OR PROPERTY. The Trustee may make distribution under the Plan in cash or property,
or partly in each, at its fair market value as determined by the Trustee.
8.08 REVOCATION. The Employer may revoke this Trust at any time by giving the Trustee 30 days’ written notice in
advance.
8.09 VALUATION OF TRUST. The Trustee will value the Trust as of the last day of each Plan Year to determine the fair
market value of the Trust assets, and the Trustee will value the Trust on such other date(s) as directed by the Plan
Administrator.
8.10 PARTICIPANT DIRECTION OF INVESTMENT. Participants in the Plan may direct the investment of all their
Accounts in the Trust. The Trustee agrees to accept investment direction delivered to SDI in any manner SDI will
accept from time to time under rules it may establish.
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Town Council 27 of 92 Meeting Date: March 18, 2013
8.11 PARTIES TO LITIGATION. Only the Trustee will be a necessary party to any court proceeding involving the
Trustee or the Trust. Any final judgment entered in any proceeding will be conclusive upon the Trustee. If the
Trustee undertakes or defends any litigation arising in connection with Trust, the Employer agrees to indemnify
Trustee against Trustee’s costs, expenses and liabilities (including, without limitation, attorneys’ fees and expenses)
relating thereto and to be primarily liable for such payments. If the Employer does not pay such costs, expenses
and liabilities in a reasonably timely manner, Trustee may obtain payment from the Trust.
8.12 THIRD PARTY. No person dealing with the Trustee will be obliged to see to the proper application of any money
paid or property delivered to the Trustee, or to inquire whether the Trustee has acted pursuant to any of the terms
of the Trust. Each person dealing with the Trustee may act upon any notice, request or representation in writing by
the Trustee, or by the Trustee’s duly authorized agent, and will not be liable to any person whomsoever in so doing.
The certificate of the Trustee that it is acting in accordance with the Trust will be conclusive in favor of any person
relying on the certificate.
8.13 SUCCESSOR TRUSTEE. Any corporation which succeeds to the trust business of the Trustee, or results from any
merger or consolidation to which the Trustee is a party, or is the transferee of substantially all the Trustee’s assets,
will be the successor to the Trustee under this Trust. The successor Trustee will possess all rights, duties and
powers under this Trust as if the successor Trustee were the original Trustee. Neither the Trustee nor the
successor Trustee need provide notice to any interested person of any transaction resulting in a successor Trustee.
The successor Trustee need not file or execute any additional instrument or perform any additional act to become
successor Trustee.
8.14 RESIGNATION AND REMOVAL OF TRUSTEE. The Employer or SDI may remove any acting Trustee of this Trust
upon 60 days’ written notice and appoint a successor Trustee. The Trustee may resign upon providing 60 days’
written notice to the Employer and SDI.
8.15 INTERPRETATION OF TRUST PROVISIONS. The Trustee will decide all matters of construction, interpretation
and application of this Article VIII and the decision of the Trustee will control, be binding and conclusive.
8.16 INVALIDITY OF ANY TRUST PROVISION. If any clause or provision of this Article VIII proves to be or is adjudged
to be invalid or void for any reason, such void or invalid clause or provision will not affect any of the other
provisions of this Article VIII and the balance of the Trust provisions will remain operative.
8.17 VOTING OF SECURITIES. On behalf of the Trustee, SDI shall vote proxies for any securities held in the Trust
which are not voted by the Trustee in any manner which SDI determines, in its discretion. Although SDI may solicit
voting instructions from the Participants, SDI may issue or refuse to issue proxies as it deems appropriate, even if
instructions are received from the Participants, without such determination considered to be a fiduciary act or
conducted in a fiduciary capacity. SDI may further vote proxies as “present” at any meeting of shareholders for the
purpose of establishing a quorum, and to register such shares as voted, while abstaining or directing abstention on
all or any issues on which shares may be voted at such meeting.
8.18 TRUST FUND—EXCLUSIVE BENEFIT RULE. All amounts of Deferred Compensation, all property and rights
purchased with such amounts, and all income attributable to such amounts, property, or rights shall be held and
invested in the Trust Fund in accordance with this Plan and the Trust Agreement. The Trust Fund (and any other
trust or annuity contract established under the Plan) shall be established pursuant to a written agreement that
constitutes a valid trust (or annuity contract). The Trustee shall ensure that all investments, amounts, property, and
rights held under the Trust Fund are held for the exclusive benefit of Participants and their Beneficiaries. The Trust
Fund shall be held in trust pursuant to the Trust Agreement for the exclusive benefit of Participants and their
Beneficiaries and defraying reasonable expenses of the Plan and of the Trust Fund. It shall be impossible, prior to
the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and
income of the Trust Fund to be used for, or diverted to, purposes other than for the exclusive benefit of Participants
and their Beneficiaries.
ARTICLE IX – MISCELLANEOUS
9.01 NON-ASSIGNABILITY.Except as provided in Section 9.02 and 9.03, the interests of each Participant or
Beneficiary under the Plan are not subject to the claims of the Participant’s or Beneficiary’s creditors; and neither
the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to
receive any payments hereunder or any interest under the Plan, which payments and interest are expressly
declared to be non-assignable and non-transferable.
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Town Council 28 of 92 Meeting Date: March 18, 2013
9.02 DOMESTIC RELATION ORDERS. Notwithstanding Section 9.01, if a judgment, decree or order (including approval
of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital
property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the
domestic relations law of any State (“domestic relations order”), then the amount of the Participant’s Account shall
be paid in the manner and to the person or persons so directed in the domestic relations order. Such payment shall
be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Plan
Administrator shall establish reasonable procedures for determining the status of any such decree or order and for
effectuating distribution pursuant to the domestic relations order.
9.03 IRS LEVY. Notwithstanding Section 9.01, the Plan Administrator may pay from a Participant’s or Beneficiary’s
Account the amount that the Plan Administrator finds is lawfully demanded under a levy issued by the Internal
Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States
Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary.
9.04 MISTAKEN CONTRIBUTIONS. If any contribution (or any portion of a contribution) is made to the Plan by a good
faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a
proper request approved by the Plan Administrator, the amount of the mistaken contribution (adjusted for any
income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent
required or permitted by the Plan Administrator, to the Employer.
9.05 PAYMENTS TO MINORS AND INCOMPETENTS.If a Participant or Beneficiary entitled to receive any benefits
hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits,
or is deemed so by the Plan Administrator, benefits will be paid to such person as the Plan Administrator may
designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such
Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such
payments under the Plan.
9.06 PROCEDURE WHEN DISTRIBUTEE CANNOT BE LOCATED. The Plan Administrator shall make all reasonable
attempts to determine the identity and address of a Participant or a Participant’s Beneficiary entitled to benefits
under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the
last known address shown on Employer’s or the Plan Administrator’s records, (b) notification sent to the Social
Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under
retirement plans), and (c) the payee has not responded within 6 months. If the Plan Administrator is unable to
locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the Trust
Fund shall continue to hold the benefits due such person.
9.07 EFFECT ON OTHER PLANS. This Plan does not affect benefits under any other retirement, pension, or benefit
plan or system established for the benefit of the Employer’s Employees, and participation under this Plan does not
affect benefits receivable under any such plan or system, except to the extent provided in such plan or system.
9.08 WORD USAGE. Words used in the masculine will apply to the feminine where applicable, and wherever the
context of the Plan dictates, the plural will be read as the singular and the singular as the plural.
9.09 STATE LAW. The laws of the state of the Employer’s principal place of business will determine all questions arising
with respect to the provisions of this Prototype Plan, except to the extent Federal law supersedes State law.
9.10 EMPLOYMENT NOT GUARANTEED. Nothing contained in this Plan, or any modification or amendment to the
Plan, or in the creation of any Account, or the payment of any benefit, gives any Employee, Employee-Participant
or any Beneficiary any right to continue employment, any legal or equitable right against the Employer, or
Employee of the Employer, or its agents, or against the Plan Administrator, except as expressly provided by the
Plan.
9.11 NOTICE, DESIGNATION, ELECTION, CONSENT AND WAIVER. All notices under the Plan and all Participant or
Beneficiary designations, elections, consents or waivers must be in writing and made in a form the Plan
Administrator specifies or otherwise approves. To the extent permitted by Treasury regulations or other applicable
guidance, any Plan notice, election, consent or waiver may be transmitted electronically. Any person entitled to
notice under the Plan may waive the notice or shorten the notice period except as otherwise required by the Code.
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Town Council 29 of 92 Meeting Date: March 18, 2013
Town Council 30 of 92 Meeting Date: March 18, 2013
SDI 976 42-09762-00 2010/09/23
®
Town Council 31 of 92 Meeting Date: March 18, 2013
Section One – Overview, Purpose and Objectives
Purpose of Investment Practices Statement
The Employer offers a retirement plan which is a supplemental employee benefit plan intended to comply
with all applicable federal laws and regulations and other applicable state and federal laws.
This Investment Practices Statement (“the IPS”) has been adopted by the Plan Sponsor or Committee to
provide guidelines for the investment and management of assets held for the benefit of participants and
beneficiaries of the plan utilizing the Security Benefit SFR®Program.
This IPS shall remain in effect until revised or amended by the authorized person or committee. It is
anticipated that the IPS will be reviewed from time to time, at least annually, to assure its continued accuracy
and efficacy.
Statement of Plan Purpose
The Plan has been established to provide eligible employees with a vehicle to accumulate and manage
assets targeted to fund retirement and other financial needs. The IPS is designed to outline the controlling
philosophies and processes for the selection, monitoring and evaluation of the investment options used by
the Plan.
Recognizing that participants have differing investment objectives, they will be afforded the ability to direct
their contributions and account balances among a range of investment options in order to construct a
diversified portfolio that meets their specific objectives. Participants and their beneficiaries alone bear the risk
of investment results from the options and the asset mixes that they select in the Plan.
Plan Objectives
The primary objectives of the Plan are to:
• Provide Participants with the opportunity to accumulate assets, on a tax deferred basis, to provide funds
for retirement or for other allowable uses.
• Offer a range and variety of investment options (the “investment program”) that meet the needs of the
majority of Plan Participants.
• Deliver plan services, administration and investment options at reasonable cost.
• Provide Participants with the opportunity to defer taxable income.
Section Two – Oversight Responsibilities
Parties responsible for oversight of the Plan may be identified and documented by exhibit to this document or
other Plan documentation supporting the establishment and operation of the Plan. These may include:
• Employer as Plan Sponsor
• Investment or Retirement Committee
• Investment Advisor
• Plan Consultant
• Custodian
• Recordkeeper/Administration Provider
• Legal Counsel
These duties may include:
• As dictated by conditions set forth in the Investment Practices Statement (IPS), oversee the addition
and/or removal of specific funds from time-to-time as needed.
• Assure compliance of the Plan documents and its operations with applicable rules, regulations and
best practices.
SDI 1085 41-10850-06 2011/01/03
SFR®Program
Investment Practices Statement for 457 Plans
Town Council 32 of 92 Meeting Date: March 18, 2013
• Assure timeliness of transactions and deposit of contributions.
• Conduct a periodic review of the IPS.
• Designate investment categories available to Participants that is sufficient in number and diversification.
• Develop and assure continued conformance with an IPS.
• Establish criteria against which to measure progress toward achieving the Plan objectives and the
performance of the selected fund options.
• Monitor funds for continued suitability and comparative performance within investment categories and
provide explanatory analysis for selected time periods.
• Monitor investment program for performance and continued suitability and communicate those results to
the appropriate oversight committee or individual.
• Provide ongoing oversight related to the operation and administration of the Plan and its investment
program.
• Prudently and diligently select a number of fund options within each investment category from which
participants may choose.
Section Three – Investment Objectives
The Plan’s investment program will be constructed to achieve the following objectives:
• Provide the opportunity to maximize returns with a prudent level of risk.
• Provide returns within investment categories that are comparable and competitive with those of similar
investment options.
Section Four – Investment Program / Investment Categories
Investment Program of the Plan
The Plan has made an affirmative decision to use investment products and services offered by Security
Distributors Inc. Investments available through the provider may be based upon issues of plan size, service
requirements, expense reimbursement and other business management issues.
Investment Categories selected for use by the Plan (“the Investment Program”) are as follows:
SDI 1085 41-10850-06 2011/01/03
Investment Practices Statement
LG Large Growth
LB Large Blend
LV Large Value
MG Mid Cap Growth
MB Mid Cap Blend
MV Mid Cap Value
SG Small Growth
SB Small Blend
SN Specialty Natural Resources
ST Specialty Technology
SR Specialty Real Estate
TL Target-Date 2050+
TK Target-Date 2041-2045
TJ Target-Date 2036-2040
TI Target-Date 2031-2035
TH Target-Date 2026-2030
TG Target-Date 2021-2025
TE Target-Date 2016-2020
TD Target-Date 2011-2015
TA Target-Date 2000-2010
MA Moderate Allocation
RI Retirement Income
EM Diversified Emerging Markets
FV Foreign Large Value
FB Foreign Large Blend
FG Foreign Large Growth
WS World Stock
CI Intermediate-Term Bond
CS Short-Term Bond
HY High Yield Bond
IP Inflation-Protected Bond
IB World Bond
TM Money Market Taxable
STA Stable Asset
IH World Allocation
Asset Class Asset Class Asset Class
Town Council 33 of 92 Meeting Date: March 18, 2013
Section Five – Selection & Monitoring of Investment Options
Selection Standards and Criteria
The authorized parties will consider appropriate elements of management for investments available under the
Plan. Investment options will be chosen on the basis of compatibility with Plan objectives and Participant
diversification needs.
Considerations and standards used to support decision-making regarding selection and monitoring of the
Plan’s investment options may be both quantitative as well as qualitative in nature.
These include, but are not limited to, the following:
• Comparative performance within fund category.
• Risk assessment, adjustment and measurement.
• Competitive fees associated with investment management, fund operations and administration.
• Fund portfolio management style and manager tenure.
• Business reputation and a position in good standing with regulators.
• Lack of material pending legal issues or concluded legal actions.
• Oversight policies of fund investment advisors and fund boards (directors or trustees).
Additional considerations may include such factors as general economic and financial market conditions and
trends; overall diversification of the investment options; and the adherence of each option to its stated
investment objectives.
Monitoring of Investment Options
The Investment Program will be reviewed on at least a quarterly basis, including an evaluation of each
investment option in terms of performance and other investment standards.
The Investment Program will be monitored to ensure that the investment options continue to meet the
investment standards reflected in this document. If a fund has failed to pass the above criteria for six
consecutive quarters, it will be removed and replaced with a like fund in the same investment category. Fund
removals, replacements and additions will occur annually. Certain circumstances or market conditions may
not permit a fund to be replaced with another fund in the same investment category. Exceptions to the
investment standards may be made for a fund in certain circumstances and noted in the monitoring report.
It is anticipated that if an investment committee is formed, it will meet from time to time, at least annually, to
fulfill the specified responsibilities outlined in the IPS. Such meetings may be held in person or may be
conducted via telephone.
Section Six – Plan Investment Options
The Plan has selected the investment options available in the Security Benefit SFR Program as available
investments in the Plan.
SDI 1085 41-10850-06 2011/01/03
Investment Practices Statement
Specifically, the investment options of the plan will be measured against an appropriate peer
group by style, based upon:
A. Total return over 3 year period:
Median or greater for its peer group
B. Total return over 5 year period:
Median or greater for its peer group
C. Risk adjusted return over 3 year period:
No less than 75% for its peer group
D. Fund operating expense ratio:
No more than 75% of its peer group
Town Council 34 of 92 Meeting Date: March 18, 2013
Section Seven – Legal & Disclosure
Security Benefit
In providing access to this customized, plan-specific investment practices statement, Security Benefit shall
not be deemed an agent or fiduciary to, the Plan.
Security Benefit and its affiliates have taken every effort to ensure that the systemic elements that produced
this document accurately reflect the needs, constraints and objectives of the Plan and its Participants.
You should consider the investment objectives, risks, and charges and expenses of the
mutual funds carefully before investing. You may obtain a prospectus that contains this and
other information about the funds by calling our National Service Center at 1-800-888-2461.
You should read the prospectus carefully before investing. Investing in the funds involves
risk and there is no guarantee of investment results.
Past performance is no guarantee of future results. Investing in mutual funds involves risk.
Investment return and principal value of an investment will fluctuate so that an investor’s shares,
when redeemed, may be worth more or less than their original cost.
For fund specific performance and risks, refer to the SFR Program performance sheet for the most recent quarter end.
The SFR Program is distributed by Security Distributors, Inc.
Approved and accepted
X_________________________________________________________________________________________ ________________
Signature Date (mm/dd/yyyy)
_____________________________________________________________________________ ______________________________
Print Name Title
X_________________________________________________________________________________________ ________________
Signature Date (mm/dd/yyyy)
_____________________________________________________________________________ ______________________________
Print Name Title
Investment Practices Statement
®
SDI 1085 41-10850-06 2011/01/03
Security Distributors, Inc.Town Council 35 of 92 Meeting Date: March 18, 2013
Security Benefit
Governmental 457 Plan Administrative Agreement
This Administrative Agreement (hereinafter “Agreement”) is executed this _______________________________________day of
__________________________________ 20 ______ by and among Security Financial Resources, Inc. (“SFR”) and
____________________________________________________________________________________________ (“Employer”).
WHEREAS, Employer has established a Section 457 Deferred Compensation Plan (“Plan”) and is authorized to appoint a Plan
Trustee and other service providers; and
WHEREAS, Employer desires to appoint UMB Bank, n.a. as Trustee and utilize SFR as a service provider in connection with
administration of the Plan; and
WHEREAS, SFR is authorized to accept the appointment of UMB Bank, n.a. as Trustee and desires to provide such services
subject to the terms and conditions set forth herein;
NOW, THEREFORE, the parties agree as follows:
1.0 Designation of UMB Bank, n.a. as Trustee and SFR as Service Provider.
1.1 Employer hereby appoints UMB Bank, n.a., as Trustee of the trust created under the Plan. Employer acknowledges that it
and the Plan Participants will direct the investment of all Plan assets, and that plan investments and all other duties of the
Trustee under the Plan are non-discretionary and/or directed by others. The Employer finally acknowledges that UMB
Bank has authorized SFR to accept this appointment and has appointed SFR and affiliates as its agents, to perform the
duties specified below under the Plan and Trust, so that UMB Bank serves strictly as a passive trustee.
1.2 Employer hereby appoints SFR as provider of plan recordkeeping and related plan administrative services to the Plan.
SFR shall provide the services and functions set forth in this Agreement.
2.0 Responsibilities of SFR. SFR will provide the following recordkeeping and related plan administrative services, which
services shall include the following:
2.1 Document Preparation. SFR will provide a Basic Plan Document and an Adoption Agreement to Employer, for review and
approval. The Employer will exercise its ultimate responsibility for the documents, reviewing them to assure that the
documents reflect the intended operation of the Plan by the Employer. These documents shall govern the Plan.
2.2 Participant Records. SFR will establish and maintain a record for each Participant reflecting the date, amount and type of
each transaction in the Participant’s account. The Employer will determine which of its Employees are eligible to participate
in the Plan, and SFR shall be entitled to rely on Employer eligibility determinations.
2.3 Participant Inquiries. SFR will provide an interactive voice response (IVR) telephone system, an Internet Web site, and
customer service representatives during normal business hours for Plan Participants to inquire about their account and
any applicable Plan features such as loans and in-service distributions (without regard to any other plan sponsored by the
Employer unless SFR also provides similar services to the other plan). SFR’s IVR and Internet access systems will be the
primary methods of communication to SFR by Plan participants. They allow Participant account inquiries and allow
Participants to conduct many transactions for their accounts over the telephone or Internet. These services are generally
available 24 hours a day, 7 days a week.
Participants may also direct questions to SFR’s customer service representatives during normal business hours. Standard
written confirmations of all change requests will be sent to the participant at the address on file. No confirmation of
inquiries will be provided.
2.4 Contributions and Loan Payments. SFR will process all contributions and loan payments made to the Plan, and will
allocate these receipts among the various investment options selected by the Participant in the Plan. Contribution
allocations shall be credited as though invested at the price of the underlying investment on the date that processing of the
contribution is completed by SFR in accordance with the Plan document and valuation frequency.
2.5 Plan Investments. In one or more Plan application forms to SDI, the Client has agreed to a list of mutual funds and group
annuity contracts as the investment options for investment of Plan assets under the terms of the Plan. Actual plan
investment allocations between available investment options will be directed by Plan Participants (or such other person as
is designated in the Adoption Agreement). SFR has selected mutual funds and other plan investments to make available
under the Plan in a proprietary fund selection process. This process includes considerations beyond the appropriateness
of the investments for retirement plan investments. SFR is not a registered investment advisor and cannot endorse these
funds. Its selection of funds cannot be considered to be investment advice.
Client further understands that SFR will evaluate funds in the Plan under one or more programs described to and
accepted by Client using quantitative and qualitative measurements developed by SFR, its affiliates or third parties as
proprietary processes which may or may not measure the appropriateness of the investments for the Plan. These
1Town Council 36 of 92 Meeting Date: March 18, 2013
processes may result in deletion of particular investment options from the Plan, or the addition of other investment options
to the Plan. Unless Client objects to any of these changes, they will be executed by SFR without specific authorization by
the Client. SFR will give the Client at least 60 days’ notice of any addition, deletion, or merger of any investment fund then
offered as an investment option under the Plan, or such lesser time as permitted by the fund, and the Client will be
deemed to consent to the change, unless the Client gives to SFR a written notice of refusal of the change by the end of
the 60 day notice period. If SFR does not agree to the objection of the Client either party may terminate this Agreement
under the provisions of section 4.1 below.
2.6 Investment Fees Earned by SFR and Affiliates, No Offsets. Client acknowledges that SFR and its affiliates may receive
investment management and other fees and expense reimbursements from the investment funds included in the Plan,
including payments from outside fund providers. Client also acknowledges that these fees have been separately disclosed
to the Client through prospectuses and other disclosure documents, or an estimate or illustration of the total of such fees.
Fees may include investment management fees (for funds managed by an affiliate of SFR), 12b-1 fees, service,
distribution and accounting fees which relate to the distribution, marketing and subaccounting activities performed by SFR
for the funds, in addition to the services provided in this agreement. Client understands that the Fee Schedule attached to
this Agreement will consist of fees that have been adjusted to reflect the expected receipt of such outside fees by SFR or
an affiliate. SFR will retain these investment fees without an offsetting reduction of the fees to be paid by the Client under
this Agreement.
2.7 Plan Enrollment. SFR will develop Plan enrollment procedures specifying all of the tasks that must be completed, and the
party responsible for completing the task, in order to enroll eligible employees in the Plan. If the Plan is an existing Plan
and SFR will take over the duties of the prior recordkeeper of the Plan, the procedures will be for enrollment and
conversion of the Plan and will include all the tasks necessary to transfer the Plan assets to the investment options for the
Plan and the transfer of Plan data to SFR. These tasks may include tasks for SFR, the Employer and any prior
recordkeeper.
2.8 Ongoing Employee Communications. SFR will provide employee enrollment and communications materials and services
for Plan participants. The Employer agrees to assist SFR as reasonably requested in communicating with Employees.
2.9 Investment of Existing Account Assets. Participants will direct the investment of their existing Plan assets by use of SFR’s
IVR, or through SFR’s Internet web site. Participants also may submit written investment instructions to SFR. Investment
transfers shall be conducted at the prices of the underlying investments on the date that processing of the investment
transfer request is completed by SFR, in accordance with Plan rules. Participants may also obtain assistance in directing
investment of their existing plan assets by calling SFR’s customer service representatives during normal business hours.
2.10 Investment of Future Contributions. Participants may separately direct the investment of future Plan contributions by SFR’s
IVR or SFR’s Internet web site. Participants also may submit written investment instructions to SFR. SFR will process all
investment allocation requests for future contributions allocated to Participant accounts according to the Plan Document,
with any restrictions therein. Participants may also obtain assistance in directing investment of their future Plan
contributions by calling SFR’s customer service representatives during normal business hours.
2.11 Other Plan Data. SFR will process other changes related to the daily administration of the Plan such as Participant name
and address changes.
2.12 Participant Loans. If loans are allowed under plan rules, SFR will process and maintain all Participant loans, including the
generation of checks for new loans, the recordkeeping of interest and principal payments, and the generation and
submission of all information returns and other reports required by the Internal Revenue Code (“Code”) and regulations
thereunder relating to such loans. All checks for new loans will be mailed to the participant. If Plan loans are allowed, the
Employer adopts the written Loan Policy attached to this Agreement.
Check box if Plan loans are not allowed.
2.13 Distributions. All benefit payments and withdrawals will be made only upon receipt of all necessary written information and
any required authorization from the Employer. SFR will process all benefit payments and withdrawals, including the
withholding and submission of taxes and the generation and submission of all information returns and other reports
required by the Code and regulations thereunder, relating to such benefit payments and withdrawals. The amount of the
benefit payment or withdrawal shall be based on the price of the underlying investment on the date that processing of the
request is completed by SFR. All benefit payments and withdrawals shall be distributed to the participant.
2.14 Participant Statements. Participant statements will be provided by SFR on a quarterly basis, and will be mailed directly to
the participant’s address on file.
2.15 Contribution Limit Testing. Sections 457(b) and 414(v) of the Code limit the total deferrals that can be allocated to a
participant’s account in a 457 plan for any plan year. Excess contributions will be distributed to participants in the manner
provided by applicable IRS regulations, and the Plan Documents. Although all 457 plans must be combined for the limits,
SFR can only test plans for which it maintains or receives participant contributions.
2.16 Management Reports. SFR will prepare annual management reports.
2Town Council 37 of 92 Meeting Date: March 18, 2013
2.17 Forms and Procedures. SFR will provide the Employer with certain sample administrative forms. In addition, SFR will
provide additional materials that may also assist the Employer to satisfy its obligations.
2.18 Technical Assistance. Technical and consulting services are available for the Employer upon request. Staff members are
available to assist the Employer with plan amendments, determining the effect of any new legislation on the Plan, QDROs
and other Plan related issues. SFR is not able to provide legal services to the Employer.
2.19 Voting of Shares. The Employer acknowledges that although the Trustee would normally be responsible for the voting of
any shares of stock held in the Plan Trust, including mutual fund shares, the Trustee has delegated the responsibility to
vote to SFR or an affiliate. Share proxies may be voted as “Present” for any meeting of shareholders so that the records
will show that the shares have been voted.
2.20 Plan Termination and Filings, or Plan Transfers. In the event of a termination or replacement of SFR as recordkeeper of
the Plan or merger of the Plan into another plan with another recordkeeper, SFR will complete the liquidation and transfers
of assets and records within 90 days; provided that SFR shall not be responsible for delays in such liquidation and transfer
arising from events outside of its control.
2.21 Other Assistance. SFR may agree in writing to provide additional services as may be reasonably requested by the
Employer to assist it in the administration of the Plan.
2.22 Basic Service Enhancements. SFR will provide to the Employer any future service enhancements that SFR makes
available in its basic package of recordkeeping services it offers to new and existing Employers comparable to the
Employer. Although any modification in the basic duties of SFR as set forth in this Service Agreement must be reflected in
an amendment to the Agreement or 60 days advance written notice from SFR, the manner of providing these services
may change through supplemental written processing procedures provided by SFR, by announcement of enhancements
by SFR and acceptance of the enhancements by Employer (or failure to object) or by any other clearly established course
of dealing between SFR and the Employer.
3.0 Responsibilities of Employer. Employer acknowledges that it has retained responsibility for the following Plan Sponsor
duties:
3.1 Plan Document. SFR will provide a draft Basic Plan Document and an Adoption Agreement. The Employer agrees to
review, correct and adopt these documents and any required plan amendments or restatements as provided in the
documents. The Employer is ultimately responsible for the accuracy and qualification of these documents. Any changes to
the documents will be promptly provided to SFR.
3.2. Participant and Plan Data. The Employer will provide to SFR contribution data in advance of or with the actual contribution
within all applicable regulatory deadlines. Also, the Employer will provide other relevant data to SFR to assist SFR in
carrying out its responsibilities under this Agreement. Data will be provided in a format acceptable to SFR, in magnetic or
electronic media, unless otherwise agreed by SFR. Should the Employer fail to deliver (or cause to be delivered) accurate
information on a timely basis to SFR, SFR will not be responsible for meeting regulatory deadlines.
3.3 Fee Billing and Payment. SFR will charge fees for its services in accordance with the Fee Agreement(s) (Exhibit “A”)
attached to this Agreement.
Unless otherwise agreed to in writing, the Fee Schedule shall remain in effect in the amounts described in Exhibit “A” for a
term of two plan years in which SFR is providing recordkeeping services, and will continue thereafter unless changed by
notice from SFR. Any changes to the fee agreement will be supplied to the Employer 60 days prior to the change’s
effective date.
3.4 Hold Harmless for Other Providers. If the Plan Document or Plan administrative services were previously provided by the
Employer or another third party provider, the Employer agrees that SFR and affiliates shall not be responsible for any
failure of the prior Plan Document or administrative services to comply with the requirements for governmental deferred
compensation plans under Section 457 of the Code and the regulations issued thereunder. SFR is also not responsible for
the accuracy and completeness of participant and payroll data provided by the Employer or any third party payroll vendor.
The Employer is responsible for reviewing any new Plan Document provided by SFR and assuring that it is consistent with
the provisions of the prior Plan Document and the established operational and administrative procedures for the Plan.
Employer agrees to hold SFR and its affiliates harmless from any claim asserted against any of them for any of these
reasons, and will further indemnify them from any cost and expense they incur, including reasonable attorneys fees, due to
the assertion of such a claim.
4.0 Miscellaneous.
4.1 Termination. Employer or SFR may terminate this Agreement at any time, upon sixty (60) days’ prior written notice to the
other party. SFR agrees to deliver to Employer or its designee, all records reasonably necessary for the continuing
recordkeeping of the Plan in the standard SFR format.
3Town Council 38 of 92 Meeting Date: March 18, 2013
4.2 Notices. Notices or other communications given pursuant to this Agreement shall be hand delivered, mailed by first class
mail, postage prepaid or via an overnight mail service (such as Federal Express), addressed as follows, or as changed
by notice:
a) To SFR: Security Financial Resources, Inc.
Attn.: Retirement Plan Services
One Security Benefit Place
Topeka, Kansas 66636-0001
b) To Employer: _______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
4.3 Entire Agreement; Supplements and Amendments. This Agreement generally constitutes the entire agreement between the
parties, merging all prior presentations, discussions and negotiations. It may be modified by additional letter or other
written side agreements executed by all parties contemporaneously with this Agreement, which may modify its provisions
or meanings. It may be further supplemented, but not modified, by SFR from time to time with written procedures that
provide a description of the ordinary processes for the parties to fulfill their obligations hereunder, which shall not exclude
extraordinary processing in appropriate situations that produces comparable results. Finally, this Agreement may be
amended at any time, but only by written agreement signed by all parties hereto.
4.4 Paragraph Headings. Paragraph headings are provided for reference purposes only and are not made a part of this
Agreement.
4.5 Assignment. Some or all of the rights and duties of SFR hereunder may be assigned to an affiliate, or to any successor
through merger, reorganization, or sale of assets. Some duties of SFR also may be performed by others under
subcontract, without the release of SFR for responsibility for such services. SFR may, by letter or other writing, agree to
extend this Agreement to any other plan of the Employer or plans sponsored by organizations acquiring or acquired by the
Employer through merger or purchase of assets. Otherwise, no party may assign this Agreement nor any rights or duties
hereunder without the written consent of the other party.
4.6 Governing Law. Except to the extent governed by federal law, this Agreement shall be governed by and constructed
according to the Laws of the State of Kansas.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives.
Effective Date:________________________________________________________
EMPLOYER
By:____________________________________________________________________
Title:__________________________________________________________________
SECURITY FINANCIAL RESOURCES, INC.
By:____________________________________________________________________
Title:__________________________________________________________________
®
SDI 976B 42-09763-02 2012/01/18
4Town Council 39 of 92 Meeting Date: March 18, 2013
Questions? Call our National Service Center at 1-800-888-2461.
SFR®Program Plan Application
• 401(a) Governmental
• 457 Governmental
®
Plan Name __________________________________________________________________________________________________________
Plan Identification Number ____________________________________________________________________________________________
Authorized Individual Name ______________________________________ ______ ____________________________________________
First MI Last
Plan Address _________________________________________________________ _______________________ ______ ________________
Street Address City State ZIP Code
Daytime Phone Number ____________________________________ Email Address __________________________________________
Number of Employees _________________________________ Number of Eligible Employees ______________________________
SDI 1026 GG 43-10261-33 2013/01/01 (1/2)
Complete the entire form to establish your plan. Please type or print.
Instructions
2. Provide Plan Information
Employer Name ______________________________________________________________________________________________________
Employer Identification Number ______________________________________________________________________________________
Plan Contact Name _____________________________________________ _____ ______________________________________________
First MI Last
Daytime Phone Number ____________________________________ Fax Number ____________________________________________
Email Address ___________________________________________________________
3. Provide Employer Information
Payroll Center Name ________________________________________________________________________________________________
Payroll Center Address _________________________________________________ _____________________ ______ ________________
Street Address City State ZIP Code
Payroll Contact Name _____________________________________________ _____ ____________________________________________
First MI Last
Address ________________________________________________________________ _____________________ ______ ________________
Street Address City State ZIP Code
Daytime Phone Number ____________________________________ Fax Number ____________________________________________
Email Address ___________________________________________________________
Frequency of Payrolls: ❍Weekly ❍Bi-weekly ❍Monthly ❍Semi-monthly
Third Party Administrator (TPA) ❑Check if utilizing TPA Services
TPA Name____________________________________________________________________________________________________________
If not using our document please submit a copy of your Adoption Agreement and Plan Document.
4. Provide Payroll Center Information
❑401(a) Governmental ❑457 Governmental
1. Select Plan Type
Select only one.
❍Public K-12 School ❍Public University/College ❍Public Education Other
❍Government State and Local ❍Government Healthcare/Hospital
Description of Employer
Town Council 40 of 92 Meeting Date: March 18, 2013
43-10261-33 2013/01/01 (2/2)
This application is for all of the funds listed below and will apply to any funds added in the future.
The Group Fixed Account or Income Plus Fund will be the default investment for any Forfeiture or Suspense Accounts. A suspense
account is used to segregate assets until they can be allocated to participant accounts. A forfeiture account is used to segregate any
non-vested portion of a terminated participant’s balance. (Please include a Group Fixed Account Application.)
The default investment for participants who do not select an investment option for their existing account balance or future contributions
will be the age appropriate T. Rowe Price Retirement fund. The default investment will be selected based upon the year the participant
attains age 65. If the participant is age 65 or over, or a date of birth is not provided, the T. Rowe Price Retirement Income Fund will be
used.
5. Investment Options
American Century Equity Income
American Century Growth
American Century Heritage
American Funds®EuroPacific Growth
American Funds®Fundamental InvestorsSM
Aston/Fairpointe Mid Cap
Aston/TAMRO Small Cap
Baron Small Cap
BlackRock®Equity Dividend
BlackRock®Global Allocation
Calamos®Global Equity
ClearBridge Mid Cap Core
Dreyfus S&P 500 Stock Index
Dreyfus Strategic Value
Federated Bond
Fidelity®Advisor New Insights
Fidelity®Advisor Real Estate
Franklin Flex Cap Growth
Franklin High Income
Goldman Sachs Small Cap Value
Guggenheim High Yield
Guggenheim Large Cap Value
Guggenheim Macro Opportunities
Guggenheim Mid Cap Value
Guggenheim Total Return Bond
Income Plus Fund 1
Invesco Equity and Income
Invesco High Yield
Janus Overseas
Janus Triton
Mutual Global Discovery
Neuberger Berman Socially Responsive
Oppenheimer Developing Markets
PIMCO Real Return
PIMCO Total Return
Prudential Jennison 20/20 Focus
Prudential Jennison Mid Cap Growth
Prudential Jennison Natural Resources
Prudential Jennison Value
RidgeWorth Core Bond
RidgeWorth Mid Cap Value Equity
Royce Value
RS Technology
T. Rowe Price Growth Stock
T. Rowe Price Retirement 2010
T. Rowe Price Retirement 2015
T. Rowe Price Retirement 2020
T. Rowe Price Retirement 2025
T. Rowe Price Retirement 2030
T. Rowe Price Retirement 2035
T. Rowe Price Retirement 2040
T. Rowe Price Retirement 2045
T. Rowe Price Retirement 2050
T. Rowe Price Retirement 2055
T. Rowe Price Retirement Income
Templeton Global Bond
Wells Fargo Advantage Small Cap Value
Fixed Account 1
The signature(s) below indicates the information provided within the application is accurate and true.
x___________________________________________________________________________________________________ _________________
Signature of Authorized Individual Date (mm/dd/yyyy)
x___________________________________________________________________________________________________ _________________
Signature of Authorized Individual Date (mm/dd/yyyy)
x___________________________________________________________________________________________________ _________________
Signature of Authorized Individual Date (mm/dd/yyyy)
x___________________________________________________________________________________________________ _________________
Signature of Authorized Individual Date (mm/dd/yyyy)
x___________________________________________________________________________________________________ _________________
Signature of Authorized Individual Date (mm/dd/yyyy)
6. Provide Signature
Print Name of Representative ________________________________________________________________________________________
x__________________________________________________________________________________________________ __________________
Signature of Representative Date (mm/dd/yyyy)
Address _________________________________________________________________ _____________________ ______ ______________
Street Address City State ZIP Code
Daytime Phone Number ____________________________________ Email Address __________________________________________
Representative License I.D. Number _____________________________________________
Print Name of Broker/Dealer __________________________________________________________________________________________
7. Registered Representative Information
Mail to: Security Benefit •PO Box 750560 •Topeka, KS 66675-0560 or
Fax to: 1-785-368-1772
Visit us online at www.securityretirement.com
1 Only one of these investment options is allowed in your plan and shall be the default investment for the forfeiture or suspense account. A separate application is required to
use either of these options.
For questions please consult with your financial representative.
Town Council 41 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-170-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding the Minutes dated March 4, 2013.
Attachments:008 March 4, 2013 Minutes.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Minutes dated March 4, 2013.
Town Council 42 of 92 Meeting Date: March 18, 2013
1
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 4, 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, March 4,
2013. The meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem, Place 5
Bill Rose Council Member, Place 1
Clint Schroeder Council Member, Place 3
Jeannette Tiffany Council Member, Place 2
Danny Mayer Council Member, Place 4
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Amy Piukana Town Secretary
Patricia Adams Town Attorney
Danny Thomas Fire Chief
Scott Kniffen Police Chief
Michael Aguilera Finance Director
Carolyn Huggins Community Development Director
Adam Adams Parks and Recreation Director
April Reiling PIO/Marketing Manager
Mayor White announced the date of March 4, 2013, call the meeting to order and announce a quorum at
6: p.m.
REGULAR SESSION
The Invocation was offered by Finance Director Michael Aguilera.
The Pledges were led by Council Member Schroeder.
1. Presentation of Life Saving Award by Fire Chief Danny Thomas and Police Chief Scott Kniffen.
Police Chief Scott Kniffen presented the Life Saving Award to Officer Barry Sullivan and Sergeant Jim
Norcross, and Dispatcher Kerri Burnside. Fire Chief Danny Thomas presented the Life Saving Award to
Lieutenant Shane Beck, Driver Engineer Shawn Garrett, and Fire Fighter/Paramedic Matt Tackett. The
Emergency Services Chaplain was recognized for his assistance and quick response in assisting the
family during this difficult time. Two Fire Fighters from Town of Westlake were unable to attend, however,
will receive a Life Saving Award in honor of saving the life of Devin Peters, a young boy who accidentally
fell into his backyard pool and was unresponsive. Both parents were present and thanked staff for saving
the life of their son.
2. Citizen Presentation to Mr. Alvin Peters.
Town Council 43 of 92 Meeting Date: March 18, 2013
2
Resident Tracy Hunter recognized crossing guard Alvin Peters for his excellent customer service and
dedication in keeping the children safe and providing positive interaction with parents and the
community. Resident Tammy Hunter read letters from citizens and explained she was able to form a
committee of volunteers who wished to express their appreciation for Mr. Alvin Peters for his dedicated
service to the community. The Committee known as the “Mr. Alvin Committee” which was successful in
raising funds and obtaining donations. Ms. Hunter presented these to Mr. Peters for his dedication and
service to the residents in Trophy Club.
Council expressed appreciation to the citizens who took the initiative to recognize Mr. Peters and thanked
him for his service.
3. Receive the Mayor's State of the Town Address; discussion of same.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the
agenda. The Council is not permitted to take action on or discuss any presentations made to the Council
at this time concerning an item not listed on the agenda. The Council will hear presentations on specific
agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the
time limit determined by the Mayor or presiding officer. To speak during this item you must complete the
Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to
matters over which the Council has authority.
The following citizens spoke regarding this item:
Larry Lentzner
Julie Folley
Jennifer Winmill
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. Consider and take appropriate action regarding the Minutes dated February 25, 2013.
5. Consider and take appropriate action regarding a Proclamation declaring March 17-23, 2013 as
Poison Prevention Week.
Motion made by Council Member Rose to approve Consent Item No.4 and Item No. 5, as presented.
Motion seconded by Council Member Tiffany. Motion passed by vote of 6-0.
CONVENE INTO PUBLIC HEARING AT 7:15 p.m.
PUBLIC HEARING
6. Public Hearing to consider a rezoning request of a 59.225 acre tract of land from "R- 12"
Single Family Residential and a 2.789 acre tract of land from "R-15" Single Family Residential
to a "PD" Planned Development District No. 31 (PD-31) for Single Family Residential on land
generally located to the north and east of Indian Creek Drive, to the north of the Trophy Club
Country Club golf course and to the south of the U .S. Army Corps of Engineer land (Town
Limits Line).
Community Development Director Carolyn Huggins showed a brief Power Point presentation and was
present to answer any questions on this item.
Town Council 44 of 92 Meeting Date: March 18, 2013
3
There were no citizens present that wished to speak in support and/or opposition of the case.
7. Public Hearing to consider a rezoning request of an 11.165 acre tract of land from "R-12"
Single Family Residential District to "PD" Planned Development District No. 32 (PD-32) on land
generally located to the northeast of Indian Creek Drive, just south of the Trophy Club golf
course and to the north of Harmony Park.
Community Development Director Carolyn Huggins briefed Council regarding this item.
There were no citizens present that wished to speak in support and/or opposition of the case.
RECONVENE INTO REGULAR SESSION AT 7:25 p.m.
RECONVENE INTO REGULAR SESSION
8. Consider and take appropriate action regarding a rezoning request of a 59.225 acre tract of
land from "R-12" Single Family Residential and a 2.789 acre tract of land from "R-15" Single
Family Residential to a "PD" Planned Development District No. 31 (PD-31) for Single Family
Residential on land generally located to the north and east of Indian Creek Drive, to the north
of the Trophy Club Country Club golf course and to the south of the U.S. Army Corps of
Engineer land (Town Limits Line).
After discussion, Council Member Mayer made a motion to approve rezoning of a 59.225 acre tract of
land from "R-12" Single Family Residential and a 2.789 acre tract of land from "R-15" Single Family
Residential to a "PD" Planned Development District No. 31 (PD-31) for Single Family Residential on land
generally located to the north and east of Indian Creek Drive, to the north of the Trophy Club Country
Club golf course and to the south of the U.S. Army Corps of Engineer land (Town Limits Line). Motion
seconded by Council Member Tiffany.
After discussion, the m otion was approved by vote of 5-1, Mayor Pro Tem Strothers voting against.
9. Consider and take appropriate action regarding a rezoning request of an 11.165 acre tract of
land from "R-12" Single Family Residential District to "PD" Planned Development District No.
32 (PD-32) on land generally located to the northeast of Indian Creek Drive, just south of the
Trophy Club golf course and to the north of Harmony Park.
Council Member Schroeder made a motion to approve a rezoning request of an 11.165 acre tract of land
from "R-12" Single Family Residential District to "PD" Planned Development District No. 32 (PD-32) on
land generally located to the northeast of Indian Creek Drive, just south of the Trophy Club golf course
and to the north of Harmony Park. Motion seconded by Council Member Tiffany.
After discussion Council Member Rose made a motion to amend the Ordinance Section K. Fences: by
deleting the portion “Fencing shall be constructed as noted in K1 and adding, “All fences on lots facing or
abutting a golf course shall be constructed of ornamental metal and shall be a minimum of (4) four feet
and a maximum of (6) six feet in height. Amended Motion seconded by Council Member Schroeder.
Motion approved by vote of 6-0.
Council Member Schroeder made a motion to approve as amended. Motion seconded by Council
Member Tiffany. Motion approved by vote of 5-1, Mayor Pro Tem Strother voting against.
10. Consider and take appropriate action regarding an Ordinance amending Chapter 9 “Parks and
Recreation” of the Code of Ordinances of the Town; providing a penalty; and providing an
effective date.
Town Council 45 of 92 Meeting Date: March 18, 2013
4
Parks and Recreation Director Adam Adams briefed Council regarding this item.
The following citizens wished to speak regarding this item:
• Chuck Hall
• Rich Firneno
• Steven Smith
• Mike Fitzgerald
• James Phillips
• Dean Murray
• David Abdulke
• Matt Tibbits
• Bijan Nowroozi
• Jeanne Buck
• Mike Buck
• Julie Folley
• Sue Fitzgerald
• Steve Palla
• Larry Lentzner
After a lengthy discussion, Council Member Rose made a motion to approve Ordinance 2013-10
amending Chapter 9 “Parks and Recreation” of the Code of Ordinances of the Town; providing a penalty;
and providing an effective date. Motion seconded by Council Member Tiffany.
Council Member Mayer made a motion to amend the motion on the floor and add Section 2.03 B relating
to Fire Arms in the Park stating a prior Attorney General’s opinion states Town’s cannot prohibit firearms
in parks. After discussion, Council Member Mayer withdrew his motion.
Council Member Mayer made a motion to approve Ordinance 2013-10 amending Chapter 9 “Parks and
Recreation” of the Code of Ordinances of the Town; providing a penalty; and providing an effective date,
with the stipulation that Sunday through Thursday League play lights be turned off by 10 p.m., Friday and
Saturday tournament and league play lights be turned off by 11 p.m. and Sunday tournament lights be
turned off by 11 p.m. Motion seconded by Council Member Rose. Motion approved by vote of 6-0.
11. Consider and take appropriate action regarding an ordinance amending Ordinance No. 2013-06
and No. 2013-07 calling a General and Special Election to be held on May 11, 2013, to cancel
that portion of the May, 2013 election providing for the election of one (1) unopposed
CouncilMember to Place No. 5 for a three-year term; and providing an effective date.
Considerar y tomar la acción apropiada con respecto a una ordenanza para enmendar las
Ordenanzas No 2013-06 y No. 2013-07 llamando a una Elección General y una Especial que se
llevarán a cabo el 11 de mayo de 2013, para cancelar esa porción de la elección de mayo de
2013, estableciendo provisiones para la elección sin oponente, de un (1) Miembro del Concilio
para el Puesto No. 5 por un periodo de tres años; e indicando una fecha para que entre en
vigor.
No action was taken on this item.
12. Consider and take appropriate action regarding the resignation of Planning & Zoning
Commission Chair Gene Hill and Planning & Zoning Commission Vice Chair James Stephens.
Council Member Schroeder made a motion to approve accepting the resignations of Planning & Zoning
Commission Chair Gene Hill and Planning & Zoning Commission Vice Chair James Stephens. Motion
seconded by Mayor Pro Tem Strother. Motion approved by vote of 6-0.
Town Council 46 of 92 Meeting Date: March 18, 2013
5
13. Town Council Liaison Updates; discussion of same:
- February 26, 2013 Parks and Recreation Board Meeting; CM Schroeder
Council Member Schroeder updated the Council and addressed questions; no action taken, update only.
14. Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- February 26, 2013 Heart of Grapevine Women's Luncheon
- March 1, 2013 Mayor's Roundtable
Mayor White and Council Members updated the Council regarding meetings attended; no action taken,
update only.
15. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of
discussion requires research and review that cannot be accomplished in the time frame between regular
Council meetings. However, a Council Member may request that an item be placed on the next regularly
scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda
items must comply with Charter requirements.
1. Consider and take appropriate action regarding procurement policies and their alignment with State
statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and
Production (Rose, 4/26/10)
3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes
from the developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout
the Town. (White, 2/24/2011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and
political signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011)
8. Consider and take appropriate action regarding the possibility of erecting a marquee at the North
entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell,
11/14/2011)
9. 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)
10. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances
Defined” (Schroeder, 6/21/2012)
11. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club
(White and Schroeder, 8/20/2012)
12. Consider and take appropriate action regarding input from Staff regarding the creation of a ‘PID
Board’ (Mayer, 9/24/2012)
13. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013)
Council advised staff to remove Item #6, Item #7 and Item #12 from the Future Agenda Item list.
Mayor White recessed for a short break at 9:58 p.m.
Town Council 47 of 92 Meeting Date: March 18, 2013
6
CONVENE INTO EXECUTIVE SESSION
16. Council to convene into executive session pursuant to Texas Government Code, Annotated,
Subchapter 551, Section 551.071 (2) "Consultation with Attorney", the Council will enter into
executive session for Consultation with the Town Attorney on a matter in which the duty of
the Attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)):
(1) PID Infrastructure, PID Subcommittee and negotiation with MUD1 for water and wastewater
operations, CCN, and related matters.
CONVENE INTO EXECUTIVE SESSION - START TIME – 10:08 p.m.
RECONVENE INTO REGULAR SESSION - START TIME – 10:50 p.m.
RECONVENE INTO REGULAR SESSION
17. Consider and take appropriate action regarding the Executive Session.
There was no action taken as a result of Executive Session.
ADJOURN
Council Member Schroeder made a motion to adjourn. Motion seconded by Council Member Rose.
Motion approved by vote of 6-0.
The meeting adjourned at 10:51 p.m.
Attest: Approved:
___________________________________ ___________________________________
Amy Piukana, TRMC, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council 48 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-171-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding the Joint Town Council & TC MUD 1 Board Minutes
dated March 5, 2013.
Attachments:March 5, 2013 Joint session minutes.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the Joint Town Council & TC MUD 1 Board Minutes dated
March 5, 2013.
Town Council 49 of 92 Meeting Date: March 18, 2013
JOINT SESSION MEETING OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 AND THE
TOWN COUNCIL OF TROPHY CLUB
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
TUESDAY, MARCH 5, 2013 7:00 P.M.
SVORE MUNICIPAL BUILDING BOARDROOM
STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
The Trophy Club Municipal Utility District No. 1, Board of Directors met in a Special Joint Session with the
Town Council of the Town of Trophy Club, Texas, Tuesday, March 5, 2013 at 7:00 p.m.. The meeting
was held within the boundaries of the Town and District and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Connie White Mayor
Glenn Strother Mayor Pro Tem
Bill Rose Council Member
Jeanette Tiffany Council Member
Clint Schroeder Council Member
Danny Mayer Council Member
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BOARD OF DIRECTORS PRESENT:
Nick Sanders President
Jim Thomas Vice President
Kevin Carr Secretary / Treasurer
Bill Armstrong Director
Jim Moss Director
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Amy Piukana Town Secretary
Patricia Adams Town Attorney
Steve Kniffen Police Chief
Danny Thomas Fire Chief
April Reiling PIO/ Marketing Manager
Pam Liston District Counsel
Jennifer McKnight District Manager
Laurie Slaght District Secretary
Mayor White called the meeting to order and announced a quorum of Town Council at 7:01 p.m.
CITIZEN PRESENTATIONS
There were no citizens present that wished to speak.
Town Council 50 of 92 Meeting Date: March 18, 2013
JOINT SESSION
1. Consider and take appropriate action regarding the minutes of the last joint meeting
– February 21, 2012
Mayor Pro Tem Strother made a motion to approve the Joint Minutes of February 21, 2012 meeting. Motion
seconded by Council Member Tiffany.
MUD District #1 Board amended the minutes under Item No. 3, reflecting no vote. MUD Board advised staff
to research and add the vote to the minutes.
Mayor White made a motion to approve the minutes, as amended. Motion seconded by Council Member
Schroeder. Motion approved by vote of 6-0.
2. Consider and take appropriate action regarding the removal of the marquee signs at the Town entryways.
Town Manager Slye briefed Council and the MUD Board regarding this item.
After discussion, Council Member Mayer made a motion to authorize the Town Manager to remove the
marquee signs at the Town entryways. Motion seconded by Council Member Tiffany.
Council Member Mayer made a motion to amend the motion on the floor to allow the Town Manager to
remove the marquee signs at the Town entryways authorize the use of funds in order to maintain the
existing marquee signs until they are removed. Motion seconded by Council Member Tiffany. Motion
approved by vote of 4-2, Mayor Pro Tem Strother and Mayor White voting against.
Mayor Pro Tem Strother advised staff to conduct more research before marquee signs are removed and to
consider using new smart phone technology to better communicate information to the residents.
3. Consider and take appropriate action regarding District participation with Harmony Park
maintenance/effluent line. Town Manager Mike Slye briefed Council and the MUD District Board on this
item.
No action was taken on this item.
4. Consider and take appropriate action regarding the implementation of permanent watering restrictions.
The Town Council and MUD Board discussed several ideas and instructed staff to bring forward education
materials and consider positive ways to implement conservation within the community.
Council took no action on this item.
5. Consider and take appropriate action regarding existing Police Department and relocation options.
Town Manager Slye briefed Council & MUD District #1 regarding the Police Department facility issues. Mr.
Slye noted that the currently the Town is waiting on an insurance settlement to see what kind of replacement
finances will be available.
MUD Board District #1 informed Council that the due to increased demand for water, within the next two
years, an elevated storage tank will be constructed at the Police Department site location. However; the
MUD Board District #1 agreed to allow the Town use of the existing site to assist with sewer hookup and
expenses for a temporary time period of 2 years.
6. Discussion of 5 Year Capital Improvement Plan for the Town of Trophy Club and Trophy Club Municipal
Utility District No. 1.
Finance Director Michael Aguilera showed a brief power point presentation with an overview of the Town’s
Capital Improvement Projects planned for the next 5 years.
Town Council 51 of 92 Meeting Date: March 18, 2013
MUD Board District Manager Jennifer McKnight briefed both Boards regarding the five year water
distribution plan noting there will be three phases.
Council took no action on this item.
Council Member Rose made a motion to adjourn the meeting at 8:46 p.m. Motion seconded by Mayor
White. Motion approved by vote of 6-0.
The meeting adjourned at 8:47 p.m.
___________________________________
Amy Piukana, TRMC, Town Secretary
Town of Trophy Club, Texas
(SEAL)
____________________________________
Connie White, Mayor
Town of Trophy Club, Texas
Town Council 52 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-184-T Name:
Status:Type:Agenda Item Draft
File created:In control:3/13/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding the resignation of Planning & Zoning Commissioner
Clayton Reed.
Attachments:Resignation PZ Reed.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding the resignation of Planning & Zoning Commissioner
Clayton Reed.
Town Council 53 of 92 Meeting Date: March 18, 2013
March 5,2013
Town Manager Mike Slye
Town Of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
To whom it may concern, effective immediately, I hereby submit my resignation from
the Town of Trophy Club Planning and Zoning Commission. I've been thinking about this for a
while and have decided that after 15 years as a Planning and Zoning Commissioner it's time to
give up my position. It has been an interesting and rewarding time to have been involved in
reviewing and approving new projects, plans and policies with the thought in mind of doing what
is best for the citizens of Trophy Club. P & Z is in good hands with Gene, James, Dennis, the
other Commisioners and Caroline.
I've lived here over 30 years and Trophy Club is, without a doublt the best place in the
entire metroplex to live.
Sincerely.
~--K.~Q;L~
Clayton R. Reed
23 Timberline Drive
Trophy Club, TX 76262
Town Council 54 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-173-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Annual Award Presentation to the Police Department; and discussion of the same.
Attachments:
Action ByDate Action ResultVer.
TITLE
Annual Award Presentation to the Police Department; and discussion of the same.
...EXPLANATION:
This is the annual awards and commendations presentation to Police personnel.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Goal #5: Financial and Operational Stewardship
Hire, develop, and retain quality staff
Deliver responsible customer service.
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
No action is required by Council on this item.
Town Council 55 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-174-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding the traffic analysis report for the Highlands
neighborhoods conducted by the Police Department.
Attachments:survey memorandum.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the traffic analysis report for the Highlands neighborhoods
conducted by the Police Department.
EXPLANATION:
Town Manager directed the Department to conduct a traffic and speed survey in the area of the Highlands to
determine if further action regarding lowering the speed limit on these residential streets was justified.
TOWN COUNCIL GOAL(S):
Goal #1: Safe and secure community.
Provide superior Emergency Services
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
No action recommended.
Town Council 56 of 92 Meeting Date: March 18, 2013
MEMORANDUM
To: Mayor, Council, and Town Manager Date: March 11, 2013
From: Chief Kniffen Re: Highlands Traffic Study
As directed by the Council, the Town Manager directed the Police Department to study the
traffic volume and speeds in the Highlands neighborhood. Accordingly, the Department placed
the radar trailer in various parts of this neighborhood.
Officers were directed to locate the trailer on the following streets in this order:
Morgan Dr
Kensington Dr
Roseville Dr
Lilyfield Dr
Strathfield Dr
Mona Vale Dr
Highlands Dr
Edinburgh Dr and
Galloway Dr.
The survey began on January 24, 2013 and the data was downloaded on March 6, 2013. The
radar trailer was left at each location for several days. Due to the limitations of the radar trailer
software, the various times of the day it was moved, and the absence of consistency in reporting
the movement, it is impossible for me to specify which speeds occurred at which locations at a
specific point in time. Further, the final report from the radar trailer software included several
months of data that had been collected while stationing the trailer at various places throughout
town. That data had not been downloaded so it was included in the final report. It has been
excluded manually from this document.
During the week of January 21-27, 2013, the average maximum speed by hour for this week was
26.44 MPH. The highest maximum speed by hour was 35 MPH. The 85th percentile speed for
this week was 21.96 MPH.
During the week of January 28-February 3, 2013, there was a significant increase in vehicles
logged. We can assume that this increase was due to the trailer being moved to a busier street.
The average maximum speed by hour for this week was 25.27 MPH. The highest maximum
speed by hour recorded was 45 MPH. The average 85th percentile speed for this week was 20.65
MPH.
During the week of February 4-10, 2013, the average maximum speed by hour for this week was
25.22 MPH. The highest maximum speed by hour recorded was 35 MPH. The average 85th
percentile speed for this week was 21.87 MPH.
Town Council 57 of 92 Meeting Date: March 18, 2013
During the week of February 11-17, 2013, the number of vehicles logged decreased, probably
due to a move to a less busy street. The average maximum speed by hour for this week was
23.81 MPH. The highest maximum speed by hour recorded was 45 MPH. The average 85th
percentile speed for this week was 19.79 MPH.
During the week of February 18-24, 2013, the average maximum speed by hour for this week
was 24.66 MPH. The highest maximum speed by hour recorded was 45 MPH. The average 85th
percentile speed for this week was 21.03 MPH.
The chart below summarizes the above listed data.
Week Avg. Max. Speed Highest Max. Speed 85th Percentile Speed
1/21-1/27 26.44 35 21.96
1/28-2/3 25.27 45 20.65
2/4-2/10 25.22 35 21.87
2/11-2/17 23.81 45 19.79
2/18-2/24 24.66 45 21.03
The use of a radar trailer, while convenient to move about town, should not be relied upon for an
official speed survey. The physical presence of the trailer and flashing lights is a great wa y to
remind people of their speed but many drivers have a tendency to slow down when they see the
trailer whether it is tracking them or not. Further, the radar only tracks vehicles that are
approaching from the front. Vehicles that approach and pass the trailer from the rear are not
tracked.
However, the data provided from the radar trailer would tend to indicate an average 85th
percentile speed nearer 20 MPH than 30 MPH. This may support continued investigation into
the issue including, possibly, the expense of an official engineering speed study.
Town Council 58 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-175-T Name:
Status:Type:Resolution Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding the expenditure of the remaining 2008 Park Bond
funds toward the installation of two t-ball backstops located within Independence East in an amount
not to exceed $11,056.50; and authorize the Town Manager to execute any necessary documents.
Attachments:1 quote.pdf
2 Bid.pdf
3 Item Park Bond.pdf
Map1.jpg
Map2.jpg
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action regarding the expenditure of the remaining 2008 Park Bond funds
toward the installation of two t-ball backstops located within Independence East in an amount not to
exceed $11,056.50; and authorize the Town Manager to execute any necessary documents.
EXPLANATION:
In discussions with the Parks and Recreation Board the Board agreed with staff that two coach pitch/t-ball
backstops would need to be installed to allow park patrons to safely use the future LDS trail extension that will
cross Independence East. This would also prevent foul balls from entering into the backyards of any residents
on Lillyfield Drive. Staff is currently in the process of identifying the placement for trees adjacent to this area to
create additional screening for the residents.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Enhance citizen volunteer opportunities
Expand and promote recreational / active life style opportunities for all ages
Forge collaborative relationships with other governmental and public entities
Goal #4: Picturesque and Environmentally Sound
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Staff recommends the construction of these backstops as it addresses both a safety issue for patrons using
the LDS trail extension and allows the continued current level of use of the t-ball facilities.
Town Council 59 of 92 Meeting Date: March 18, 2013
t-ball backstops at Independence East
Sav-on backstop quote $10,530
5% contingency $526.50
Total Cost $11,056.50
Town Council 60 of 92 Meeting Date: March 18, 2013
SAV-ON FENCE, INC
2012 – BID PROPOSAL
All work to be performed per contract document. Any alteration or deviation from documents, which
involve extra cost, will be executed only upon OWNER approved change orders, and will become an extra
charge over and above the proposal pricing. It is expressly agreed that any change orders will be processed
with in 30 days.
PROJECT: TOWN OF TROPHY CLUB
NAME: TONY JARAMILLO
ADDRESS:
DATE: 2-19-13
EMAIL:
PHONE: 817-538-1489
Base
Bid
Description Unit Qty Total
1. Installation of 12’x15’x12’tall chainlink
backstops.
All posts set 3’ deep in cement.
Terminals – 3”ch 40
Line posts - 3” sch 40
Rail – 1 5/8” .095 Gg
9 Gg wire 2” mesh
Bottom, top and mid rail. All wire stretched
tight and tied into place.
3980.00 2 7,960.00
2. Add hoods on each backstop. 1 5/8” frame.
All hoods are installed at a 45 degree. Weld
extensions on each post for support of hood.
1285.00 2 2570.00
3.
4.
5.
6.
7.
8.
9.
10.
Town Council 61 of 92 Meeting Date: March 18, 2013
11.
Base
Bid
TOTAL taxes included. 10,530.00
*** ALL ADDENDA NOTED *** ***
Bid good for 30 Days.
Alternate Bid Description Unit Qty Total
1.
Alternate Bid TOTAL
*** ALL ADDENDA NOTED *** ***
Standard exclusions: taxes, Panic hardware, signage at doors/fencing, bond, permits, Knox box
engineering, staking, core drilling, clearing, locking hardware other than standard fence hardware, hand
dig, hard dig, grade, electrical and conduits, sub grade, layout, all grounding, all holes other than round post
holes, specialty locating service, testing and permits.
Billing: The contractor is billed on a 30 day billing cycle. This payment is between contractor and
subcontractor and has no bearing on payment between owner and prime contractor. Prime contractor has 48
hrs to review payment request and notify subcontractor of any discrepancies. If payment is not received
within the 30 days Sav-On fence reserves that right to pull off the work site, and charge for mobilization
cost. This document will be made part of the binding AIA documents signed by both prime contractor and
subcontractor. Any alterations to this contract document will not be valid by Sav-on Fence Company Inc.
Thanks,
Mike McDonald – Senior Estimator
1803 Avondale-Haslet Rd.
Haslet, TX 76052 _____________________________
Phone: 817-439-9500
Cell: 817-825-4554 Mike McDonald Date:
Fax: 817-750-0054
Mike.McDonald@sav-onfence.com
www.sav-onfence.com
Town Council 62 of 92 Meeting Date: March 18, 2013
Bond Amount 5,000,000$
Less: Bond Issuance Costs (64,970)$
Available Funds 4,935,030$
2009-10 Interest Earned 3,750$
Total 2009-10 FUNDS 4,938,780$
2009-10 Expenditures
Construction Expense
Freedom Park (9,288)$
Independence (178,781)$
Total Construction Expense (188,069)$
Professional Outside Services
Independence (432)$
Tota Professional Outside Services (432)$
Capital Expenses
Community Pool (UV Filter)(12,950)$
Total Capital Expenses (12,950)$
TOTAL 2009-10 EXPENDITURES (201,451)$
REMAINING FUNDS AT 9-30-10 4,737,329$
PARK BOND FINANCIAL REVIEW
Town Council 63 of 92 Meeting Date: March 18, 2013
BEGINNING BALANCE AT 10-1-10 4,737,329$
2010-11 Revenues
2010-11 YTD Interest Income 5,204$
TOTAL 2010-11 REVENUES 5,204$
2010-11 Expenditures
Construction Expense
Independence (2,950,018)$
Freedom (487,310)$
Eastside Trail Head (52,148)$
Total Construction Expense (3,489,476)$
Engineering Expense
Independence (422,788)$
Harmony (10,398)$
Freedom (77,730)$
Eastside Trail Head (1,151)$
Total Engineering Expense (512,067)$
Capital Expense
Independence (2,082)$
Harmony (1,599)$
Freedom (25,548)$
Total Capital Expense (29,229)$
TOTAL 2010-11 EXPENDITURES (4,030,771)$
REMAINING FUNDS @ 9-30-11 711,762$
Town Council 64 of 92 Meeting Date: March 18, 2013
2010-11 Expenditures by Program
Independence Park (3,374,888)$
Harmony Park (11,997)$
Freedom Park (590,588)$
Eastside Trail Head Acquisition (53,299)$
Total Expenditures by Program (4,030,771)$
REMAINING FUNDS @ 9-30-11 711,762$
Town Council 65 of 92 Meeting Date: March 18, 2013
FY12 YTD Interest 451$
FY12 YTD Expenditures
Construction Expense
Independence (117,085)$
Harmony (39,573)$
Freedom -$
Eastside Trail Head (3,660)$
Total Construction Expense (160,318)$
Engineering Expense
Independence (24,918)$
Harmony (6,765)$
Freedom (16,986)$
Eastside Trail Head -$
Total Engineering Expense (48,668)$
Capital Expense
Independence (15,034)$
Harmony (84,570)$
Eastside Trail Head (6,696)$
Total Capital Expense (106,300)$
TOTAL FY12 YTD EXPENDITURES (315,286)$
PROJECTED REMAINING FUNDS @ 9-7-12 396,928$
Town Council 66 of 92 Meeting Date: March 18, 2013
Future committed expenditures:
Independence East Multi-use Lights (77,502)$
Harmony Park NEOS Playground Contingency (3,018)$
Projected Remaining Funds 316,408$
Proposed expenditures:
Picnic Tables (Independence East)3,711$
Basketball Improvements (Harmony & Indy West)8,707$
Trail Extension (Independence East)10,000$
Trail Completion (Trophy Club Park)25,000$
Total Approved Expenditures:47,418$
Projected Remaining Funds:268,990$
Town Council 67 of 92 Meeting Date: March 18, 2013
Town Council 68 of 92 Meeting Date: March 18, 2013
Town Council 69 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-176-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action to approve a Developer's Agreement with Northwest
Independent School District (NISD) for the public water line to be constructed at Lakeview Elementary
School, 100 Village Trail; and authorize the Mayor to execute any documents.
Attachments:NISD Developer's Agreement.pdf
Attachment A - Construction Costs.pdf
Action ByDate Action ResultVer.
TITLE
Consider and take appropriate action to approve a Developer's Agreement with Northwest Independent
School District (NISD) for the public water line to be constructed at Lakeview Elementary School, 100
Village Trail; and authorize the Mayor to execute any documents.
EXPLANATION:
Northwest ISD is expanding Lakeview Elementary School per the site plan approved by Council on
February 4, 2013. A new public water line, as reviewed by the MUD, will be installed around the
school to service fire hydrants along the new fire lanes. The water line is in an easement that is
dedicated to the MUD by separate instrument.
The Developer’s Agreement is attached for the Council’s review and approval. Attachment “A” of the
Developer’s Agreement consists of the construction estimates which determines the amount due for
inspections (5% of the project’s total construction estimate). Attachment “B” of the Developer’s
Agreement consists of the construction documents and are not included with the Council’s packet.
TOWN COUNCIL GOAL(S):
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Town Council 70 of 92 Meeting Date: March 18, 2013
File #: 2013-176-T, Version: 1
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
RECOMMENDATION AND JUSTIFICATION TO COUNCIL:
Council approved the Site Plan for Lakeview Elementary School on February 4, 2013. The public
water line shall be constructed by NISD and dedicated to the Town/MUD.
Town Council 71 of 92 Meeting Date: March 18, 2013
1
DEVELOPER’S AGREEMENT
NISD – LAKEVIEW ELEMENTARY SCHOOL
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred to as
the "TOWN") and NORTHWEST INDEPENDENT SCHOOL DISTRICT (NISD) 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 Lakeview Elementary School, more particularly described as a tract of land consisting
of approximately 15.016 acres of land, hereinafter being referred to collectively as the
"PROJECT," and such public improvements being more particularly described in Section II of
this AGREEMENT. It is understood by and between the parties that this AGREEMENT is
applicable to the lot(s) contained within the Final Plat as recorded in Denton County, December
9, 2003, Cabinet V, Page 417, Document No. 198906, 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 Ordinance No. 2001-21 P&Z.
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
Site Plan of the PROJECT. The Site Plan was approved by Town Council on
February 4, 2013.
B. It is agreed and understood by the parties hereto that the DEVELOPER has employed
a civil engineer licensed to practice in the State of Texas for the design and
preparation of the plans and specifications for the construction of all public
improvements and facilities described in Section II and covered by this
AGREEMENT. Unless otherwise specified herein, such plans and specifications
shall be in accordance with the TOWN’S "Design Standards for Paving, Drainage
and Utility Improvements" and the North Central Texas Council of Governments’
(NCTCOG) Standard Specifications for Public Works Construction, as presently
adopted.
C. The DEVELOPER will award its own construction contract for the construction of
all PROJECT storm drain, water, and sanitary sewer public improvements and
facilities for the completion of the Project. To the extent not in conflict with
DEVELOPER’s obligation to follow public procurement requirements provided by
applicable law, 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 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.
Town Council 72 of 92 Meeting Date: March 18, 2013
2
D. Upon Council approval of this Agreement, the DEVELOPER shall present to the
TOWN a performance bond(s), payment bond(s) and maintenance bond(s), meeting
the requirements of Chapter 2253 of the Texas Government Code. Each bond shall
individually guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN Engineer)
for all public improvements and facilities to be constructed by or on behalf of the
Developer for the Project. Any surety company through which a bond is written
shall be a surety company duly authorized to do business in the State of Texas,
provided that the TOWN, through the Town Attorney, shall retain the right to reject
any surety company as a surety for any work under this or any other DEVELOPER’S
AGREEMENT regardless of such Company’s authorization to do business in Texas.
Approvals by the TOWN shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety bond
for maintenance as specified hereinabove, Developer may provide financial
assurances for performance and maintenance in the form of a cash deposit, a
certificate of deposit, or irrevocable letter of credit. Provided however, that such
alternative financial assurances shall only be allowed if each meets all
requirements specified in Section 7.2 of the Town of Trophy Club Subdivision
Regulations. All such alternative financial assurances must be on forms
approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond, payment bond,
and maintenance bond, as specified above, Developer may provide financial
assurances for performance, payment and maintenance from a single general
contractor for the Project, provided that such assurances meet all other
requirements specified hereinabove and the Town is named as a dual obligee on
each such bond. Additionally, such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial assurances
must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing the full
and faithful completion of the facilities and improvements required under this
Agreement for completion of the PROJECT to the TOWN and provide for payment
to the TOWN of such amounts up to the total remaining amounts required for the
completion of the PROJECT if the work is not completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing payment of
all labor and material costs of the Project and shall be furnished solely for the
protection of all claimants supplying labor and material in the performance of the
work provided for under this AGREEMENT. The maintenance bond(s) shall
guarantee the payment of any and all necessary maintenance of the Project for a
Town Council 73 of 92 Meeting Date: March 18, 2013
3
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 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.
Town Council 74 of 92 Meeting Date: March 18, 2013
4
I. The DEVELOPER’S Engineer has prepared detailed estimates of $112,846.00 and
the TOWN Engineer has approved an estimate of 112,846.00 for the cost of public
improvements and facilities. 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. Deleted – Not Applicable.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed necessary by the
Town, shall participate in a pre-construction conference prior to the initiation of any
work. At or prior to the pre-construction meeting, Developer shall provide the
TOWN with the following documents: 1) Two (2) copies of all executed
construction contracts; 2) List of all contractors/subcontractors and their project
assignments; 3) Five (5) sets (and additional sets as necessary for any contractors) of
approved construction plans and specifications. This list of contractors/
subcontractors shall be updated within seven days of any changes. The
DEVELOPER agrees to give the TOWN at least twenty-four (24) hours prior written
notice of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives available to
inspect the beginning and continuing progress of all work. Developer shall submit
all documentation evidencing that each of the Guarantees required under this
Agreement have been provided and all required insurance has been obtained prior to
the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors working on the
PROJECT that all their work is subject to inspection by a TOWN Inspector at any
time, and that such inspection may require a certification by the contractors and
subcontractors of the type, kind, and quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the PROJECT,
which has not been contemplated in the current construction documents (plans and
specifications) or this AGREEMENT become necessary due to site conditions, then
the DEVELOPER shall be required to contact in writing (with a copy to the TOWN
of Trophy Club) the TOWN Engineer to determine how such work or construction
should progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. Addresses for points of contact are as follows:
Town Council 75 of 92 Meeting Date: March 18, 2013
5
Town of Trophy Club Teague, Nall & Perkins
Mr. Mike Slye, Town Manager Mr. 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
N. The DEVELOPER agrees to cause all work and construction of improvements and
facilities to be stopped upon twenty-four (24) hour notification from the TOWN
Engineer of nonconforming improvements, including the materials used and the
methods of installation. The DEVELOPER further agrees to correct all
nonconformities in accordance with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the PROJECT,
until all construction in respect to the PROJECT required in Section II is complete
and the TOWN has approved and accepted the work and improvements in respect
thereof.
P. After completion and prior to acceptance of all work, the DEVELOPER must furnish
to the TOWN an affidavit of all bills paid.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities to be constructed shall be
completed in accordance with the approved plans and specifications as described in
Attachment “B”:
1) Water Distribution System.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be submitted
to the TOWN within two (2) months following the acceptance of the public
improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required by the
TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost in
accordance with Section 7.03 of Article VII, Chapter 12 of the Town of Trophy
Club Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
Town Council 76 of 92 Meeting Date: March 18, 2013
6
4. Permits
The DEVELOPER will pay a Community Facilities inspection fee in the
amount of $5,642.30 (5% of $112,846.00) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The Developers
may be obligated to pay other TOWN fees as set forth in the TOWN’S Schedule
of Fees, as may be amended from time to time. The DEVELOPER will be
responsible for obtaining any other permits which may be required by other
federal, state or local authorities.
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 following amounts. Coverage shall be on an
“occurrence” basis and shall be issued with a combined bodily injury and property
damage minimum limit of $600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton County,
Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications submitted
by the DEVELOPER pursuant to this AGREEMENT shall not constitute or be
deemed to be a release of the responsibility and liability 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
Town Council 77 of 92 Meeting Date: March 18, 2013
7
development of this PROJECT will 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, to the extent not in conflict with applicable
law, the TOWN, its officers, agents, servants and employees from all losses, damage
liabilities, claims, obligations, penalties, charges, costs or expenses of any nature
whatsoever, for property damage, personal injury or death, resulting from or in any
way connected with this contract or the construction of the improvements or facilities
or the failure to safeguard construction work, or any other act or omission of the
DEVELOPER or its contractors or subcontractors, their officers, agents, servants or
employees related thereto.
E. Final Acceptance Of Infrastructure. The TOWN 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) 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 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
Town Council 78 of 92 Meeting Date: March 18, 2013
8
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and State
and Federal law, shall be construed in favor of the Town’s ordinance(s) as allowed
by law, subject to Chapter 245 of the Local Government Code. To the extent that
any such conflict exists, only that portion of the DEVELOPER’S AGREEMENT
which is in conflict shall be severable from the other provisions of the
AGREEMENT, and such conflict shall in no manner affect the validity or
enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under this
AGREEMENT or at law or equity shall be cumulative and not alternative, and
election of any such right, remedy or privilege shall not constitute a waiver or
exclusive election of rights, remedies or privileges with respect to any other
permitted or available right, remedy or privilege. Additionally, one instance of
forbearance by the Town in the enforcement of any such right, remedy or privilege,
shall not constitute a waiver of such right, remedy or privilege by the Town. A
default under this Agreement by the TOWN shall not result in a forfeiture of any
rights, remedies, or privileges under this Agreement by the TOWN.
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
NORTHWEST INDEPENDENT SCHOOL DISTRICT
By:
Date:
TOWN OF TROPHY CLUB:
By:
Mayor, TOWN of Trophy Club
ATTEST:
___________________________
Town Secretary, Town of Trophy Club
Date: ______________________
APPROVED AS TO FORM:
____________________________
Town Attorney, Town of Trophy Club
Town Council 79 of 92 Meeting Date: March 18, 2013
WRIGHT CONSTRUCTION CO., INC.
601 W. WALL ST.
GRAPEVINE, TEXAS 76051
(817)481-2594
PUBLIC PROPOSAL
(SCHEDULE OF VALUES)
JOB: Lakeview Elementary Adds & Renovations
DATE: February 14, 2013
CITY: Trophy Club, TX
ITEM UNIT TOTAL
NO DESCRIPTION UNIT QTY PRICE AMOUNT
PUBLIC WATER
1 8" PVC WATER LINE w/ 16" STEEL CASING (BY
BORE)
LF 45 $245.00 $11,025.00
2 8" PVC WATER LINE w/ 16" STEEL CASING (BY
OPEN) CUT
LF 141 $66.00 $9,306.00
3 8" PVC WATER LNE LF 1455 $22.00 $32,010.00
4 6" PVC WATER LINE LF 127 $26.00 $3,302.00
5 12" x 8" TAPPING SLEEVE & VALVE EA 1 $3,679.00 $3,679.00
6 CONNECT TO EX. 6" WATER LINE STUB EA 1 $2,369.00 $2,369.00
7 8" x 2" IRRIGATION SERVICE (10 LF) ON NEW 8" LINE EA 1 $2,222.00 $2,222.00
8 FIRE HYDRANT EA 5 $3,050.00 $15,250.00
9 8" GATE VALVE & BOX EA 5 $1,363.00 $6,815.00
10 6" GATE VALVE & BOX EA 5 $1,002.00 $5,010.00
11 MISC. DUCTILE IRON FITTINGS EA 18 $438.00 $7,884.00
12 REMOVE & REPLACE EX. STREET PAVEMENT SF 315 $13.00 $4,095.00
13 REMOVE & REPLACE EX. CONC. SIDEWALK SF 50 $11.00 $550.00
14 BARRICADES LS 1 $3,500.00 $3,500.00
15 REMOVE EX. FIRE HYDRANT EA 1 $648.00 $648.00
16 TESTING LS 1 $1,645.00 $1,645.00
17 TRENCH SAFETY LF 1768 $1.00 $1,768.00
18 STAKING / LAYOUT LF 1768 $1.00 $1,768.00
SUBTOTAL PUBLIC WATER $112,846.00
12039 contract
Page 1 of 1
Town Council 80 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-182-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Consider and take appropriate action regarding financial and variance report dated February 2013.
Attachments:February 2013 GF & TCP Financials.pdf
Action ByDate Action ResultVer.
Title
Consider and take appropriate action regarding financial and variance report dated February 2013.
Town Council 81 of 92 Meeting Date: March 18, 2013
My Budget Report For Fiscal: 2012-2013 Period Ending: 02/28/2013
3/11/2013 10:14:26 AM Page 3 of 4
Group Summary
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategory
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 01 - GENERAL FUND
Revenue
40 - Taxes 4,237,699.61439,993.524,769,706.00 4,769,706.00 -532,006.39 -88.85 %
41 - Licenses & Permits 377,372.30112,741.911,545,839.00 1,545,839.00 -1,168,466.70 -24.41 %
42 - Intergovernmental 116,552.2787,254.22163,643.00 163,643.00 -47,090.73 -71.22 %
43 - Fines & Fees 189,820.72133,193.22497,335.00 497,335.00 -307,514.28 -38.17 %
44 - Charges for Services 142,278.7157,866.14213,736.00 213,736.00 -71,457.29 -66.57 %
45 - Rents 16,715.403,653.9659,500.00 59,500.00 -42,784.60 -28.09 %
46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 %
47 - Investment Income 981.850.004,000.00 4,000.00 -3,018.15 -24.55 %
48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 %
49 - Other Financing Sources 3,075.000.0012,300.00 12,300.00 -9,225.00 -25.00 %
51 - Miscellaneous 25,240.2117,622.4133,000.00 33,000.00 -7,759.79 -76.49 %
5,110,235.96852,325.387,304,059.00 7,304,059.00 -2,193,823.04Total Revenue:-69.96 %
5,110,235.96852,325.387,304,059.00 7,304,059.00 -2,193,823.04Total Fund: 01 - GENERAL FUND:-69.96 %
Report Total:852,325.38 5,110,235.967,304,059.00 7,304,059.00 -2,193,823.04 -69.96 %
Town Council 82 of 92 Meeting Date: March 18, 2013
My Budget Report For Fiscal: 2012-2013 Period Ending: 02/28/2013
3/11/2013 10:14:49 AM Page 11 of 12
Group Summary
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityDepartment
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 01 - GENERAL FUND
Expense
140 - Manager's Office 240,956.0452,952.06691,823.00 691,823.00 450,866.96 65.17 %
160 - Legal 57,572.6410,996.71168,638.00 168,638.00 111,065.36 65.86 %
251 - Police 686,682.67142,344.561,811,015.00 1,825,021.00 1,138,338.33 62.37 %
255 - EMS 298,458.7254,349.63810,620.00 882,633.00 584,174.28 66.19 %
360 - Streets 309,971.5253,707.38788,409.00 842,415.00 532,443.48 63.20 %
400 - Parks 335,354.0158,472.05936,634.00 998,115.00 662,760.99 66.40 %
450 - Recreation 108,871.2114,970.59561,851.00 576,851.00 467,979.79 81.13 %
460 - Community Events 17,173.07960.0049,700.00 49,700.00 32,526.93 65.45 %
521 - Planning and Zoning 64,501.8610,621.62164,620.00 164,620.00 100,118.14 60.82 %
522 - Community Development 125,633.7726,404.55333,028.00 337,030.00 211,396.23 62.72 %
611 - Finance 141,011.9320,689.21368,303.00 368,303.00 227,291.07 61.71 %
615 - Municipal Court 29,710.565,557.5683,946.00 83,946.00 54,235.44 64.61 %
630 - Human Resources 41,720.508,683.09113,906.00 113,906.00 72,185.50 63.37 %
640 - Information Services 144,956.3617,391.71348,141.00 348,141.00 203,184.64 58.36 %
710 - Facilities Management 53,694.052,630.4172,961.00 72,961.00 19,266.95 26.41 %
2,656,268.91480,731.137,303,595.00 7,524,103.00 4,867,834.09Total Expense:64.70 %
2,656,268.91480,731.137,303,595.00 7,524,103.00 4,867,834.09Total Fund: 01 - GENERAL FUND:64.70 %
Report Total:480,731.13 2,656,268.917,303,595.00 7,524,103.00 4,867,834.09 64.70 %
Town Council 83 of 92 Meeting Date: March 18, 2013
My Budget Report For Fiscal: 2012-2013 Period Ending: 02/28/2013
3/11/2013 10:15:24 AM Page 3 of 4
Group Summary
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategory
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 09 - TROPHY CLUB PARK
Revenue
43 - Fines & Fees 50,107.1612,063.70125,000.00 125,000.00 -74,892.84 -59.91 %
50,107.1612,063.70125,000.00 125,000.00 -74,892.84Total Revenue:-59.91 %
Expense
50 - Personnel Services 17,785.223,591.3357,332.00 57,332.00 39,546.78 68.98 %
60 - Purchased Services 14,967.302,524.9241,736.00 41,736.00 26,768.70 64.14 %
70 - Supplies 4,271.02115.608,400.00 8,400.00 4,128.98 49.15 %
80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 %
99 - Other Financing Uses 3,075.000.0012,300.00 12,300.00 9,225.00 75.00 %
40,098.546,231.85124,968.00 124,968.00 84,869.46Total Expense:67.91 %
10,008.625,831.8532.00 32.00 9,976.62Total Fund: 09 - TROPHY CLUB PARK:
Report Total:5,831.85 10,008.6232.00 32.00 9,976.62
Town Council 84 of 92 Meeting Date: March 18, 2013
GENERAL FUND
February 2013
5/12 Months (42% of Fiscal Year)
REVENUES Property Taxes – Property taxes are billed and due in October. Most payments are received in
December and January before they become delinquent on February 1st. During the fiscal year, the
Denton Central Appraisal District (DCAD) makes supplemental assessments. Those assessments
are billed by Denton County.
Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior
year’s sales tax collections by $ 12,039 (2.44%).
Year to Date Sales Tax Collections
Increase (Decrease) FY 2012 FY 2013
Total $ 493,326 $ 505,365 $ 12,039
Below is a chart comparing sales tax collections for the prior and current years by month. The
amounts illustrated represent total sales tax collections which include portions for the general fund
(50%), EDC 4A (25%) and 4B (12.5%), and the street maintenance fund (12.5%). Current year
sales tax collections have exceeded prior year collections in all months except October.
(Additional Note: February collections are for December sales.)
$-
$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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No
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Ja
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Ap
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Ma
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Ju
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Ju
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p
Sales Tax Collections
FY 2012
FY 2013
Town Council 85 of 92 Meeting Date: March 18, 2013
Licenses & Permits – Building Permit revenue in February totaled $45,148.
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 February 28, 2013 collections for developer fees total
$121,866 (135%). Several recreation related fees fall within this category and are seasonal.
Other Financing Sources – Represents quarterly transfers to be received from Trophy Club Park.
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.
Town Council 86 of 92 Meeting Date: March 18, 2013
TROPHY CLUB PARK FUND
February 2013
5/12 Months (42% of Fiscal Year)
REVENUES
Park Revenue – Use of park is seasonal.
EXPENDITURES
Supplies – Purchased additional maintenance equipment.
Town Council 87 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-177-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Town Council Liasion Updates; discussion of same:
- March 11, 2013 Economic Development Corporation 4B; CM Strother
Attachments:
Action ByDate Action ResultVer.
Title
Town Council Liasion Updates; discussion of same:
- March 11, 2013 Economic Development Corporation 4B; CM Strother
Town Council 88 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-178-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Town Manager Slye's update regarding the following:
- Gold Leadership Circle Award
- Police Department Facility Update
- Emergency Siren installation
- Parks & Recreation Update
- Metroport Cities Partnership - Trophy Club Host
- Ethics Ordinance
Attachments:
Action ByDate Action ResultVer.
Title
Town Manager Slye's update regarding the following:
- Gold Leadership Circle Award
- Police Department Facility Update
- Emergency Siren installation
- Parks & Recreation Update
- Metroport Cities Partnership - Trophy Club Host
- Ethics Ordinance
Town Council 89 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-179-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- March 5, 2013 Chamber Luncheon
Attachments:
Action ByDate Action ResultVer.
Title
Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- March 5, 2013 Chamber Luncheon
Town Council 90 of 92 Meeting Date: March 18, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-183-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/12/2013 Town Council
On agenda:Final action:3/18/2013
Title:Items for Future Agendas.
Attachments:March 18th Future Agenda Items List.pdf
Action ByDate Action ResultVer.
Title
Items for Future Agendas.
Town Council 91 of 92 Meeting Date: March 18, 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. Staff proposal regarding the amenity lakes, including associated costs to accept
the amenity lakes from the developer. (Stotts, 10/4/10)
4. Consider and take appropriate action regarding the creation of a “Going Green”
initiative throughout the Town. (White, 2/24/2011)
5. Consider and take appropriate action regarding updates to the Sign Ordinance
(retail windows and political signs) (White and Cantrell, 5/2/2011)
6. Consider and take appropriate action regarding the possibility of erecting a
marquee at the North entrance of the Town and asking the MUD and/or developers
to help with the funding. (Cantrell, 11/14/2011)
7. 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)
8. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01
“Nuisances Defined” (Schroeder, 6/21/2012)
9. Consider and take appropriate action regarding the creation of a Youth Council
within Trophy Club (White and Schroeder, 8/20/2012)
10. Consider and take appropriate action regarding reviewing the Ethics Ordinance
(White, 1/21/2013)
Town Council 92 of 92 Meeting Date: March 18, 2013