Agenda Packet TC 10/21/2013Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom6:00 PMMonday, October 21, 2013
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2013-657-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for October 21, 2013.
2.2013-658-T Discussion of proposed agenda items for the November 4, 2013 Regular Session
Agenda.
Proposed Agenda 11-4-2013.pdfAttachments:
3.2013-690-T Discuss and provide direction regarding the possibility of establishing a Farmer’s
Market within Trophy Club.
Staff Report Farmer's Market.pdf
Farmers Market Information.pdf
Attachments:
CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 6:30 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.
PUBLIC HEARING
Town Council Page 1 of 148 Meeting Date: Monday, October 21, 2013
October 21, 2013Town Council Meeting Agenda
4.2013-609-T Public Hearing regarding a request for approval of an Amendment to Planned
Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a
retail store for the sale of electronic cigarette supplies. Applicant: Trophy Vapor, Inc.
Staff Report.pdf
Application.pdf
Plaza Shopping Center Site Plan.pdf
Use Tables E-F-G.pdf
Exhibit C - Uses - from PD-21 Development Standards.pdf
Newspaper Public Hearing Notice.pdf
Property Owner Notification.pdf
Property Owners - 200 ft.pdf
Attachments:
REGULAR SESSION
5.2013-610-T Consider and take appropriate action regarding an amendment to Planned
Development No. 21 (PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a
retail store for the sale of electronic cigarette supplies; providing for an amendment to
the Town's Zoning Map; and providing an effective date.
Ordinance No. 2013-39 P&Z.pdfAttachments:
6.2013-611-T Consider and take appropriate action regarding approval of a Preliminary Plat for an
approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No.
821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight,
Jones & Carter, Inc. on behalf of Midtown Development, Inc.
Staff Report - Preliminary Plat - TC 102113.pdfAttachments:
7.2013-612-T Consider and take appropriate action regarding approval of a Final Plat for an
approximate 10.430 acre tract of land situated in the J. Michael Survey, Abstract No.
821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight,
Jones & Carter, Inc. on behalf of Midtown Development, Inc.
A. Consider and take appropriate action regarding a Subdivider's Agreement between
the Town and Midtown Development Inc., relative to the Villas of Hogan's Glen, Phase
II, authorizing the Mayor or her designee to execute necessary documents.
Staff Report.pdf
Application - Final Plat.pdf
Subdivider's Agreement.pdf
Attachments:
Town Council Page 2 of 148 Meeting Date: Monday, October 21, 2013
October 21, 2013Town Council Meeting Agenda
8.2013-618-T Consider and take appropriate action regarding Resolution No. 2013-28 amending
Resolution No. 2013-11 appointing a resident to serve on the Board of the Trophy Club
Crime Control and Prevention District (“TCCCPD”); and providing an effective date.
Staff Report CCPD Vacancy Appointment.pdf
Res No 2013-28 amending Res No 2013-11 Appointing Permanent Board of Directors CCPD.pdf
Patrick Arata CCPD Application.pdf
Mark Chapman CCPD Application.pdf
Scott Spooner CCPD Application.pdf
Attachments:
9.2013-641-T Consider and take appropriate action regarding an appeal to the tree mitigation
requirements for Site Plan SP-13-022, Lot 2R-1, Block B, Trophy Wood Business
Center and Tree Board recommendation regarding same. Applicant: David L.
Crumpton
Staff Report.pdf
Tree Preservation Plan.pdf
Landscape Plan.pdf
Aerial of Treed Site.pdf
Dr Crumpton Appeal Letter.pdf
Section 8 12 Appeals - Tree Ordinance.pdf
Attachments:
10.2013-680-T Consider and take appropriate action regarding an Ordinance amending Section 8.01,
"Municipal Court” of Article VIII, “Schedule of Fees”, of Chapter 1, “Administration” of
the Code of Ordinance of the Town to add an administrative fee for cases processed
through an order of deferred dispostion in the Trophy Club Municipal Court; and
providing an effective date.
Staff Report Deferred Dispostion Fee.pdf
ORD 2013-40 Schedule of Fees - Municipal Court.pdf
Attachments:
11.2013-682-T Consider and take appropriate action regarding Ordinance 2006-38 codified in Article II,
"Traffic & Vehicles" of Chapter 10 "Public Safety" of the Code of Ordinances of the
Town and prohibiting parking of a vehicle, trailer, or boat along the south side of the
entire length of Summit Cove Drive.
Staff Report Summit Cove.pdf
Map of Summit Cove.pdf
Codification of Ordinances, Chapter 10 - Public Safety, Section 2.05 - Parking.pdf
Attachments:
12.2013-683-T Consider and take appropriate action regarding Resolution No. 2013-30 amending
Resolution No. 2013-22 appointing Town Council Liaison and residents to serve on
various Town Boards, Commissions, and Corporations in order to appoint residents to
fill vacant seats on the Citizens Financial Advisory Board and the Zoning Board of
Adjustment; and providing an effective date.
RES 2013-30 amending RES 2013-22 Annual Appointments.pdfAttachments:
Town Council Page 3 of 148 Meeting Date: Monday, October 21, 2013
October 21, 2013Town Council Meeting Agenda
13.2013-684-T Consider and take appropriate action regarding Resolution No. 2013-29 amending
Resolution No. 2013-16 creating a Blue Ribbon Panel to study the current
governmental structure within the Town by amending Section 5 relative to the meetings
of Panel subcommittees; and providing an effective date.
Res No 2013-29 Amending Res No 2013-16 Blue Ribbon Panel - Subcommittee meetings.pdfAttachments:
14.2013-685-T Consider and take appropriate action regarding an online message board for use by the
Town Council to discuss public business electronically, as allowed by Senate Bill 1297.
Staff Report Online Message Board.pdf
Quote-Trophy Club Online Message Board Development.pdf
Draft-Screen Shot of Sample Topics Web Page.pdf
Draft-Screen Shot of Sample Topic with Subsequent Comments Web Page.pdf
Attachments:
15.2013-660-T Consider and take appropriate action regarding the First Modification to the Contract for
Water and Wastewater Operational Services between the Town and Trophy Club
Municipal Utility District No. 1 (MUD1) in order to Revise Section 5 of the Agreement to
reflect changes in customer billing procedures and to revise party references to reflect
the consolidation of MUD1 and Trophy Club Municipal Utility District No. 2; and
providing an effective date.
Current PID Operations Contract Excerpt.pdf
PID OperationsContract-1st Modification-101513.pdf
Attachments:
16.2013-661-T Review and provide direction regarding proposed Town of Trophy Club logo concepts.
Staff Report TC Logo.pdfAttachments:
17.2013-663-T Consider and take appropriate action regarding financial and variance report dated
September 2013.
September 2013 Financial Report.pdfAttachments:
18.2013-662-T Consider and take appropriate action to set future Town Council Meetings.
November & December 2013 Calendar.pdfAttachments:
19.2013-664-T Town Council Liaison Updates; discussion of same:
- MUD No 1 Meeting
- Planning & Zoning Meeting
20.2013-665-T Town Manager Slye's update regarding the following; discussion of same.
- Election Update
- Transportation Update - Loop Road & Indian Creek Project
- Volunteer Appreciation Dinner
- Regional Trail Project Update
- Drug Take Back Program, Saturday, October 26th 10 am - 2 pm
- CHL Class, Saturday, October 26th
21.2013-666-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
- TML 101st Annual Conference
Town Council Page 4 of 148 Meeting Date: Monday, October 21, 2013
October 21, 2013Town Council Meeting Agenda
22.2013-667-T Items for Future Agendas.
Future Agenda Item List.pdfAttachments:
EXECUTIVE SESSION
23.2013-688-T Pursuant to the following designated sections of Texas Government Code, Annotated,
Subchapter 551, the Council will enter into executive session to discuss the following
items:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a
matter in which the duty of the attorney to the Governmental Body under the
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with
the Open Meetings Act for legal advice regarding:
(1) Water and wastewater services for PID; CCN; alternative services for the PID;
legislative processes and actions; terms of representation; terms of interlocal
agreement for provision of water and wastewater services; Town assets and related
matters.
(B) Texas Government Code Section 551.072. To discuss or deliberate the purchase,
exchange, lease, or value of real property where deliberation in an open meeting would
have a detrimental effect on the position of the governmental body in negotiations with
a third person.
(1) Potential land acquisition for public use in construction of the Police Department.
RECONVENE INTO REGULAR SESSION
24.2013-689-T Consider and take appropriate action regarding Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council Page 5 of 148 Meeting Date: Monday, October 21, 2013
October 21, 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 Friday, October 18, 2013 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
Tammy Ard
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 Page 6 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-657-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
October 21, 2013.
Attachments:
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 21, 2013.
Town Council Page 7 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-658-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Discussion of proposed agenda items for the November 4, 2013 Regular Session Agenda.
Attachments:Proposed Agenda 11-4-2013.pdf
Action ByDate Action ResultVer.
Discussion of proposed agenda items for the November 4, 2013 Regular Session Agenda.
Town Council Page 8 of 148 Meeting Date: Monday, October 21, 2013
Last Updated 10/18/2013 at 9:33 AM 1 of 1
Meeting Date 11/04/2013 File ID Dept
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for November 4, 2013.Town Sec
Discussion of proposed agenda items for the November 18, 2013 Regular Session
Agenda.Town Sec
Consider and take appropriate action regarding the Minutes dated October 7, 2013.2013-679-T Town Sec
Consider and take appropriate action regarding the Minutes dated September 23, 2013.2013-678-T Town Sec
Consider and take appropriate action regarding the Minutes dated October 21, 2013.Town Sec
Revision to Subdivider’s Agreement for the Villas of Hogan’s Glen, Phase II, for a change
in ownership.CD
Consider and take appropriate action to approve a Final Plat of Neighborhood 7, Phase
3C, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land
Solutions on behalf of High Trophy Development, LLC CD
Consider and take appropriate action to approve a Final Plat of Neighborhood 4, Isle of
Turnberry, consisting of 14 residential lots and 4 open space lots. Applicant: Corwin
Engineering, Inc. on behalf of Standard Pacific of Texas, Inc CD
Consider and take appropriate action to approve a revised Site Plan to add a monument
sign to Planned Development No. 23 (PD-23), Trophy Club Medical Plaza. Applicant:
Richard Brown, Chandler Signs, LP, LLC on behalf of the property owner, HCP CRS1
Trophy Club TX, LP.CD
AMEND Animal Control Ordinance - remove registration requirement and include a
requirement for all pets to have owner contact info, i.e., name/phone #2013-681-T Patricia
Tournament Fees Parks
Baseball contract Parks
Town Council Liaison Updates; discussion of same:
Scheduled by meetings Town Sec
Town Manager Slye's update regarding the following; discussion of same.Town Sec
Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.Town Sec
Items for Future Agendas.Town Sec
Consider and take appropriate action regarding the Executive Session.Town Sec
Workshop
Consent
Regular Session
Executive Session
Town Council Page 9 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-690-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/17/2013 Town Council
On agenda:Final action:10/21/2013
Title:Discuss and provide direction regarding the possibility of establishing a Farmer’s Market within Trophy
Club.
Attachments:Staff Report Farmer's Market.pdf
Farmers Market Information.pdf
Action ByDate Action ResultVer.
Discuss and provide direction regarding the possibility of establishing a Farmer’s Market within Trophy Club.
Town Council Page 10 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Adam Adams, Parks & Recreation Director
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Town Council Meeting, October 21, 2013
______________________________________________________________________________
Agenda Item:
Discuss and provide direction regarding the possibility of establishing a Farmer’s Market within
Trophy Club.
Explanation:
Staff has had several requests by residents that the Town should have a Farmer’s Market. Staff
was recently contacted by Elizabeth Goodson who is currently organizes and runs Farmer’s
Markets in other cities. Mrs. Goodson expressed an interest in possibly utilizing Trophy Club for
such a venue. Staff has worked with Mrs. Goodson to compile some preliminary documentation
to aid Council in discussing the feasibility of holding a Market within Trophy Club.
Staff and Mrs. Goodson are here tonight to help answer any questions Council may have and to
determine if we should move forward on this project.
Attachments:
Farmer’s Market information document
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Town Council Page 11 of 148 Meeting Date: Monday, October 21, 2013
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
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 12 of 148 Meeting Date: Monday, October 21, 2013
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-609-T Name:
Status:Type:Agenda Item Public Hearing
File created:In control:9/28/2013 Town Council
On agenda:Final action:10/21/2013
Title:Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21
(PD-21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic
cigarette supplies. Applicant: Trophy Vapor, Inc.
Attachments:Staff Report.pdf
Application.pdf
Plaza Shopping Center Site Plan.pdf
Use Tables E-F-G.pdf
Exhibit C - Uses - from PD-21 Development Standards.pdf
Newspaper Public Hearing Notice.pdf
Property Owner Notification.pdf
Property Owners - 200 ft.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/3/2013 1
Public Hearing regarding a request for approval of an Amendment to Planned Development No. 21 (PD-21) Ordinance
No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies. Applicant: Trophy
Vapor, Inc.
Town Council Page 25 of 148 Meeting Date: Monday, October 21, 2013
SUBJECT: Public Hearing regarding a request for approval of an
Amendment to Planned Development No. 21 (PD-21)
Ordinance No. 99-17 P&Z to allow a retail store for the sale
of electronic cigarette supplies as a permitted use.
Applicant: Trophy Vapor, Inc.
APPLICANT: Umair Kaimkhani, Owner
Trophy Vapor, Inc.
Also known as Artisan Vapor Company
PROPERTY
MANAGEMENT: Sunwest Real Estate Group
14160 Dallas Parkway #700
Dallas, TX 75254
The property management company has reviewed and approved Trophy Vapor,
Inc.’s request.
PROPERTY
LOCATION: 301 Trophy Lake Drive #148
Plaza Shopping Center
ZONING: Planned Development No. 21 (PD-21)
CASE REVIEW: The “Plaza” shopping center, PD-21, allows “Professional,
Business and Retail uses” as outlined in the attached “Exhibit C”, the
Development Standards for this Shopping Center, as well as in Divisions E, F,
and G of the Comprehensive Zoning Ordinance. The PD development standards
state that if a use is not listed in the PD document, then it is prohibited. An
electronic cigarette supply is not listed as a permitted use. The applicant would
like to amend “Exhibit C” of the ordinance to allow this use.
TOWN COUNCIL
STAFF REPORT
October 21, 2013
Amendment to
Planned Development No. 21
Town Council Page 26 of 148 Meeting Date: Monday, October 21, 2013
The applicant has provided the following explanation for the type of store they
wish to put in the Plaza Shopping Center. The applicant has also provided a list
of other metroplex locations for this type of store.
The Artisan Vapor Company is a purveyor of electronic cigarette
supplies. We are a full-service electronic cigarette retail store
located in 6 locations throughout DFW. Our goal is to assist our
customers in transitioning from tobacco products.
Our hours of operation: Monday to Saturday 10am to 8pm
Sunday 12pm to 6pm
Artisan Vapor Company locations:
Artisan Vapor East Plano Artisan Vapor West Plano
908 E 15th St 2108 Dallas Pkwy. #204
Plano, Texas Plano, Texas 75093
Artisan Vapor Irving Artisan Vapor Bedford
4835 N. O'Connor Rd. #114 1424 Airport Fwy., Suite K2
Irving, Texas 75062 Bedford, Texas
Artisan Vapor Arlington Artisan Vapor Ft. Worth
5005 S. Cooper St. #181 5500 Overton Ridge Blvd. #238
Arlington, Texas 76017 Ft. Worth, Texas 76132
PUBLIC HEARING AND PROPERTY OWNER NOTIFICATION: A notice of
public hearing is required for an amendment to a PD. This request was
published in the local newspaper on Wednesday, September 18, 2013, and
property owners within 200-ft. of the shopping center were notified of this
request. Copies of the notices are attached.
SUMMARY: The Plaza Shopping Center, zoned as a planned development, has
specific uses listed as permitted uses. If a use is not listed as a permitted use, it
is prohibited. A “tobacco” shop is a permitted use in PD-21, but the applicant
states that electronic cigarettes do not contain tobacco. According to the Food
and Drug Administration, electronic cigarettes are considered to be “battery
powered devices made of plastic or metal that heat a liquid nicotine solution,
creating vapor that users inhale”. Staff could not find a use in PD-21 or in the
Use Tables, Sections E, F, and G that allow this type of use in the PD; thus
requiring the applicant to come before P&Z and Council for approval to add this
type of store as a permitted use in PD-21.
The shopping center is designed for a variety of retail uses to fit the needs of the
surrounding residential community and an electronic cigarette store appears to
be compatible with the permitted uses existing in the PD. Sales tax is charged
and collected on products sold in this type of store. There is adequate parking in
the shopping center for this type of use. The hours of operation, 6 days per week
10 a.m. to 6 p.m. and on Sunday from noon to 6 p.m. is compatible with the
Town Council Page 27 of 148 Meeting Date: Monday, October 21, 2013
allowed Hours of Operation per the PD: 6 a.m. to 11 p.m. The property
management company has approved a lease for this type of use. There have
not been any concerns received (to date) from the property owners within 200-ft.
of the shopping center regarding adding this type of use. For these reasons,
staff recommends approval.
PLANNING AND ZONING COMMISSION: The Planning & Zoning Commission
heard this request on October 3, 2013, and after a presentation by the applicant
and a staff report from Ms. Huggins, the Commission had the following questions
and discussion:
Mr. Allen asked for confirmation that they are not going to allow under 18-year
olds in the store. Mr. Mirza responded that they cannot stop anyone from coming
into the store, but they will not sell to under 18-year olds. Mr. Allen asked if
there is a law that says they cannot do that? Mr. Mirza stated that he is not
familiar with a law prohibiting sales to minors, but as it is an addictive substance,
so they will not sell to minors. Mr. Allen asked Ms. Huggins if she is aware of any
law? Ms. Huggins stated that there is not currently a law that restricts the sale of
this product to minors. Chairman Senelly stated that it is his understanding that
there are a couple of states that now regulate the age of sales, but Texas is not
one of them. He stated that the FDA is not involved, but that by the end of
October there may be some activity by the FDA to regulate this industry. Mr.
Allen asked if this store location will be where the Mango Mama store used to be.
Mr. Mirza confirmed that the location would be the same.
Mr. Garrett Reed asked what the Commission is voting on since it appears that
this is an allowed use. Ms. Huggins responded that in PD-21 if the use is not
specifically stated as allowed, it is prohibited. She stated that a tobacco shop is
allowed but as Mr. Mirza said, there isn’t tobacco in this product. Electronic
cigarettes are sold in the Walgreens in that shopping center, but the Walgreens
is a pharmacy/drug store which is an allowed use in the PD. There isn’t anything
in the PD that says an electronic cigarette supply is allowed and staff doesn’t
have the authority to make the decision to allow the use if it isn’t specifically
listed. It must come to P&Z and Council, which is why we are considering this
item tonight. Mr. Reed said that if it was an electronics store, it wouldn’t be
before the Commission tonight? Ms. Huggins responded, “that’s right”.
The following motion was made:
Commissioner Allen, seconded by Commissioner Garrett Reed, made a motion
to recommend approval of an amendment to PD-21 to allow a retail store for the
sale of electronic cigarette supplies. The vote was unanimous 5-0.
Ordinance No. 2013-39 P&Z is attached to Agenda Item File ID 2013-610-T, the
discussion and action item, for Council consideration and action.
Town Council Page 28 of 148 Meeting Date: Monday, October 21, 2013
Attachments: Ordinance No. 2013-39 P&Z
Application
PD-21 Site Plan
Use Tables E-F-G
Exhibit C Development Standards (Pages 1-3 only)
Public Hearing Notification – Newspaper
Property Owner Notification
List of Property Owners within 200 ft.
Town Council Page 29 of 148 Meeting Date: Monday, October 21, 2013
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Chapter 13 - Zoning
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH
R-
OHP R-S MH CG CR NS PO GU
D. COMMUNITY FACILITIES
1. Athletic Field,
Stadium, Auditorium,
Gym
P
2. Cemetery and
Mausoleums P
3. Commercial
Swimming Pool P
4. Cultural Buildings and
Facilities C C C P
5. Golf Course,
Clubhouse, Related
Facilities
P
6. Gov. Maint Bldg,
Storage Yards C C C
7. Municipal Admin,
Public Service
Facilities
P P P P P P P P P P P P P P P P P
8. Park, Playground,
Playlots, Related
Facilities
P P P P P P P P P P P P P P P P P
9. Privately Owned &
Operated Playground C C C C C C C C C C C C C C C C C
10. Public Animal Pounds
& Shelters
11. Public Safety Facilities P P P P P P P P P P P P P P P P P
13. Radio, Television
Microwave Towers C C C C C C C C C C C C C C C C C
14. Social, Recreational,
Assembly Bldgs P P P
15. Tennis, Handball,
Racquet Ball Clubs P
16. Utility Facilities,
Garage, Storage
Bldg/Yard
C C
17. Utility Facilities,
Distribution Lines P P P P P P P P P P P P P P P P P
18. Utilities Facilities,
Energy Plant C C
19. Utility Facilities, Office P C C
E. PROFESSIONAL
1. Accounting Office P P
2. Admin, Executive,
Editorial Office P P
3. Architectural, Eng,
Planning Office P P
4. Attorney’s Office P P
5. Hospital
6. Insurance Office P P
7. Extended Stay
Surgery Center
8. Personal/Family
Counselor P P
9. Physician and/or
Dentist P P
10. Public Secretary P P
Town Council Page 32 of 148 Meeting Date: Monday, October 21, 2013
Chapter 13 - Zoning
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH
R-
OHP R-S MH CG CR NS PO GU
F. BUSINESS
1. Barber, Beauty,
Styling Shops
P P
2. Health, Athletic Shops P P P
3. Massage Shops
4. Medical, Dental,
Chiropractic,
Optometry, etc.
P P
5. Real Estate Office P P
6. Tanning Salon P
7. Travel Bureau or
Agency
P P
8. Weight Reduction
Studio
P P P
G. RETAIL
1. Art Studio P
2. Art Supply Store P
3. Arts, Crafts, Hobby
Shops
P
4. Bakery Shops P
5. Bicycle Shop P
6. Beer & Wine Sales
(Off-Premise
Consumption Only)
S* S* S* S* S* S*
7. Confectionary Shop P
8. Dairy Food Shop P
9. Dance Studio P
10. Drug Store,
Apothecary,
Pharmacy
P
11 Dry Cleaners, Pick-up
and Drop-off
P
12 Dry Cleaning Plan
13 Duplication and
Mailing Service
P
14 Electrical Goods and
Fixtures
P
15 Fabric and Knitting
Shop
P
16 Florist P
17 Grocery Store P
18 Hardware Store P
19 Household Appliance
Store
P
20 Household
Furnishings, Fixtures
P
21 Ice Cream Shop P
22 Jewelry, Watch Store P
23 Music Store P
24 Tanning Salon P
25 Pawn Shop P
26 Photograph Service &
Studio
P P
27 Printing, Publishing,
Engraving
P
28 Restaurant C C C
29 Restaurant, Drive-In
30 Restaurant
w/Alcoholic Beverage
Sales
C C C
Town Council Page 33 of 148 Meeting Date: Monday, October 21, 2013
Chapter 13 - Zoning
District Classifications
Permitted Uses R-15 R-12 R-11 R-10 R-9 R-8 R-FV R-TT R-OH
R-
OHP R-S MH CG CR NS PO GU
G. RETAIL CONT’D
31 Sale of Mixed
Beverages in
Restaurants by Food
& Beverage
Certificate Holders
Only
S* S* S* S* S* S*
32 Sporting Goods Store P P
33 Wallpaper, Paint
Store
P
34 Wearing Apparel
Store
P
H. RECREATIONAL
1. Community Center
(Non-Profit) C C C C C C C C C C C C C C C C P
2. Country Club, Private P
3. Golf Course P
4. Private Health Club P P P
5. Private Stable P
6. Swimming Pool
(Private Club) P
7. Swimming Pool,
Tennis Court (Non-
Profit)
C C C C C C C C C C C C C C C C P
8. Tennis Court (Private
Residence) C C C C C C C C C C C C
(Ord No. 98-29, § XIII, 12-1-98, Repealed by Ord. No. 2000-06 P&Z § XIII, 3-21-00; Use E(7), 2002-28
P&Z, §,III, 8-19-02; Use E(5), 2003-28 P&Z, § II 12-1-03; Uses G(6)&(31), 2004-10 P&Z, § II, 3/1/04; Use
F(6), Ord. No. 2005-07 P&Z, § 4/18/05)
Town Council Page 34 of 148 Meeting Date: Monday, October 21, 2013
With Amendments through 2013-05
EXHIBIT “C”
DEVELOPMENT STANDARDS
SHOPPING CENTER
TROPHY LAKE DRIVE & TROPHY CLUB DRIVE
TROPHY CLUB, TEXAS
The development of the Land described in Exhibit “A” consisting of
approximately 13.07 acres of land shall be in accordance with the PD Site Plan of the
development (attached hereto as Exhibit “B”), all other Exhibits attached to or to be made
a part of this Ordinance, the Comprehensive Zoning Ordinance (Ordinance No. 98-29
P&Z), all other applicable ordinances and regulations of the Town of Trophy Club, and
the following Development Standards, conditions and requirements:
A. Purpose: This Planned Development is designed to accommodate a variety of
retail commercial uses. For development purposes, the Land is divided into three tracts
(Tracts 1 2 & 3 as shown on Exhibit "B" attached hereto (PD Site Plan)), and the use and
development of each of the tracts shall be in accordance with the following:
1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit “B”): The following
standards shall apply to Tracts 1, 2 & 3:
(a) Size of tracts: Tract 1 shall contain approximately 10.99 acres of land.
Tract 2 shall contain approximately 1.14 acres of land.
Tract 3 shall contain approximately 1.85 acres of land.
(b) Uses generally: In the development and use of Tracts 1, 2 & 3, no land
shall be used and no building or structure shall be installed, erected or
converted to any use other than the following:
(c) Permitted uses:
(i) All uses listed in Section 13 of the Use Table in the
Comprehensive Zoning Ordinance under Divisions E-Professional,
F-Business, and G-Retail.
(ii) Other uses permitted include:
Antiques Store
Audio, Video, Stereo (no arcade games or adult rentals)
Bank Building & Drive Through
Bath Shop
Book Stores
Cameras/Fi1m Processing
Cards and Gifts
Children's Wear
China and Glassware
Town Council Page 35 of 148 Meeting Date: Monday, October 21, 2013
With Amendments through 2013-05
Computer/Software
Cosmetics/Beauty Supply
Curtains and Drapes
Fitness/Workout Facility (Ordinance No. 2007-26 P&Z, October 1, 2007)
Floor Coverings
Food Service
Formal Wear/Rental
Fuel Station Accessory to Grocery Store or Other Anchor Type
Use (Only allowed in Tract 1) (Ordinance No. 2012-02 P&Z, January 23,
2012)
Furniture
Grocery Store
Ice-cream Store
Juice Store
Kitchen Store
Lamps
Laundry and Dry Cleaning (on-site dry cleaning facility limited to
Exxon DF-2000 or equivalent). This facility shall not provide
equipment or services for another laundry or dry cleaning location.
(Ordinance No. 2000-14 P&Z, July 18, 2000)
Liquor Store (with SUP and only allowed in Tract 1) (Ordinance No.
2011-27 P&Z, July 18, 2011)
Luggage and Leather
Mailing And Packaging/Post Office;
Men's Wear
Nail Salon
Newspaper/magazine
Office Supplies
Party Supplies
Pharmacy
Picture Framing
Records and Tapes
Restaurants
Shoe Repair
Shoes
Sporting Goods Store
Stationery-School Supplies
Tailor
Telephone Store
Tobacco
Toys
Women's Ready-To-Wear/Women's Specialty
(iii) Outdoor pay phones shall not be permitted.
Town Council Page 36 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
Department of Planning & Zoning
100 Municipal Drive
Trophy Club, Texas 76262
TO: Alliance Regional Newspapers /
Classifieds Dept.
DATE: September 13, 2013
FROM: Carolyn Huggins PAGES: 1
RUN DATE: 1 Time: Wednesday,
September 18, 2013
SUBJECT: Public Hearing
NOTICE OF PUBLIC HEARING
PLANNING & ZONING COMMISSION
Thursday, October 3, 2013
TOWN COUNCIL
Monday, October 21, 2013
A Public Hearing will be held by the Planning & Zoning Commission of the Town of
Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal
Drive, at 7:00 p.m., Thursday, October 3, 2013, to consider amending Ordinance No.
99-17 P&Z, Planned Development No. 21 (PD-21), Plaza Shopping Center located on
Trophy Lake Drive, to allow an Electronic Cigarette Supply store as a permitted use,
and other miscellaneous changes to PD-21 as related to this request as deemed
necessary. The Town Council will hear the above item on Monday, October 21, 2013 in
the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m.
Town Council Page 37 of 148 Meeting Date: Monday, October 21, 2013
Q:\P&Z\PD-21 TROPHY CLUB PLAZA\TROPHY VAPOR, INC\Property Owner Notification Explanation.doc
Planning & Zoning Commission and Town Council
NOTICE of PUBLIC HEARING
PUBLIC HEARING DATE: P&Z – Thursday, October 3, 2013
TOWN COUNCIL – Monday, October 21, 2013
TIME OF PUBLIC HEARING: 7:00 p.m.
PLACE OF PUBLIC HEARING: Svore (M.U.D.) Building - Boardroom
100 Municipal Drive, Trophy Club
Texas 76262
LOCATION OF REQUEST:
101 Trophy Lake Drive, in Planned
Development Zoning District No. 21 (PD-
21), known as the Plaza Shopping Center.
PROPERTY MANAGEMENT:
Sunwest Real Estate Group
APPLICANT:
Trophy Vapor, Inc.
PURPOSE OF PUBLIC HEARING:
Request for an amendment to PD-21,
Trophy Club Plaza, 101 Trophy Lake Drive,
to allow a retail store that sells electronic
cigarette supplies.
TO SURROUNDING LAND OWNERS:
Property owners within 200-ft. (two hundred feet) of the Plaza Shopping Center receive written
notification of the request to amend PD-21. All interested property owners are encouraged to attend a
hearing. Persons wishing their opinion to be part of the record, but are unable to attend may send a
written reply prior to the date of the hearing to: Town of Trophy Club, Planning & Zoning Department,
100 Municipal Drive, Trophy Club, Texas 76262; Attn: Carolyn Huggins or by email
chuggins@trophyclub.org
ACTION: The Planning & Zoning Commission makes a recommendation to the Town Council, and the
Town Council has the authority to approve or deny this request.
QUESTIONS OR COMMENTS:
Contact Carolyn Huggins, Community Development Director, 682-831-4681.
Town Council Page 38 of 148 Meeting Date: Monday, October 21, 2013
Trophy Club Country Club
500 Trophy Club Dr
Trophy Club, TX 76262
RE: 800 Trophy Club Dr
The Church at Trophy Lakes
c/o Jimmy McCloud
9 Shasta Dr
Trophy Club, TX 76262
RE: 700 Trophy Club Dr
Beck Properties Trophy Club LP
6211 Raintree Ct
Dallas, TX 75254-8602
Sylvia R Simpson
7 Village Trl
Trophy Club, TX 76262
Clint Klease & Tara Thacker
5 Village Trl
Trophy Club, TX 76262
Royce E Jones
3 Village Trl
Trophy Club, TX 76262
RE: 1 Village Trl
Larry D Smith
1124 Sunset Dr
Trophy Club, TX 76262
RE: 1 Paint Rock Ct
BV Properties LLC
304 E Franklin St
Grapevine, TX 76051-5420
John E Doshier
3 Paint Rock Ct
Trophy Club, TX 76262
Jeannette L Roman
5 Paint Rock Ct
Trophy Club, TX 76262
Justin K & Sarah N Whitfield
2 Paint Rock Ct
Trophy Club, TX 76262
Rosa M Slover-Roa
4 Paint Rock Ct
Trophy Club, TX 76262
Herbert D & Marguerite Bennett
6 Paint Rock Ct
Trophy Club, TX 76262
Michael & Pamela Rhame
1 Round Rock Ct
Trophy Club, TX 76262
Wilson Reed
3 Round Rock Ct
Trophy Club, TX 76262
Mark A Palmer
5 Round Rock Ct
Trophy Club, TX 76262
Aaron Matthew & Kalli Jackson
2 Round Rock Ct
Trophy Club, TX 76262
Donald E Frisbee, Jr
4 Round Rock Ct
Trophy Club, TX 76262
Guynaell Wigley & Christopher Pierce
6 Round Rock Ct
Trophy Club, TX 76262
Re: 4 Shasta Dr
Daniel A Reckmeyer
5 Timberline Ct
Trophy Club, TX 76262
RE: 2 Shasta Dr
Maxine I Lewis
414 N Central Ave
Richland Ctr, WI 53581-1803
Donna D Wesley
1 Shasta Dr
Trophy Club, TX 76262
Donald L Werkstell
7 Meadow Creek Ct
Trophy Club, TX 76262
John R Grunthaner
8 Meadow Creek Ct
Trophy Club, TX 76262
RE: 905 & 915 Trophy Club Dr
Trophy Club Equities LLC
3 Village Trail #123
Westlake, TX 76262-7940
RE: 353 Trophy Lake Dr
I & L Dev CO
3141 Hood St Ste 700
Dallas, TX 75219-5022
RE: 541 Trophy Lake Dr
Larry P & Laurie Anne Scott, LLC
Attn: Real Estate Tax Dept
PO Box 1159
Deerfield, IL 60015-6002
Texas Department of Transportation
Right of Way Division
4777 US Highway 80 E
Mesquite, TX 75150-6642
Town Council Page 39 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-610-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/28/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding an amendment to Planned Development No. 21 (PD-
21) Ordinance No. 99-17 P&Z to allow as a permitted use a retail store for the sale of electronic
cigarette supplies; providing for an amendment to the Town's Zoning Map; and providing an effective
date.
Attachments:Ordinance No. 2013-39 P&Z.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/3/2013 1
Consider and take appropriate action regarding an amendment to Planned Development No. 21 (PD-21) Ordinance No.
99-17 P&Z to allow as a permitted use a retail store for the sale of electronic cigarette supplies; providing for an
amendment to the Town's Zoning Map; and providing an effective date.
Town Council Page 40 of 148 Meeting Date: Monday, October 21, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-39 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 99-17 P&Z OF THE TOWN, THE SAME
BEING PD PLANNED DEVELOPMENT #21, EXHIBIT “C”,
“DEVELOPMENT SCHEDULE”, AND AMENDING THE OFFICIAL
ZONING MAP OF THE TOWN SO THAT PD PLANNED
DEVELOPMENT #21 ZONED FOR PROFESSIONAL, BUSINESS AND
RETAIL USES IS AMENDED TO ALLOW AN ELECTRONIC
CIGARETTE SUPPLIES STORE; PROVIDING THAT THE OFFICIAL
ZONING MAP SHALL BE AMENDED TO REFLECT THE CHANGE AND
PROVIDING THAT SUCH TRACT OF LAND SHALL BE USED IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS ORDINANCE
AND OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL
OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDNG FOR AN
AMENDMENT; PROVIDING FOR A ZONING MAP AMENDMENT AND
APPLICABLE REGULATIONS; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (the “Land”), described as a 13.97 acre
tract of land currently zoned PD Planned Development #21 for Professional, Business
and Retail uses, said tract generally known as the Trophy Club Plaza and as described
in Exhibit “A” attached hereto and incorporated herein, filed an application with the
Town Planning and Zoning Commission requesting a change in zoning to allow an
electronic cigarette supplies store as a permitted use in PD #21 and an amendment to
the official Zoning District Map of the Town in accordance with Ordinance No. 2000-06
P&Z of the Town (the “Comprehensive Zoning Ordinance”); and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the amendment to PD #21 came before the Planning and Zoning Commission and
Town Council; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
public hearings and all other relevant information and materials, the Planning and
Zoning Commission of the Town has recommended to the Town Council the adoption of
the amendments to the Comprehensive Zoning Ordinance as set forth in this
Ordinance; and
Town Council Page 41 of 148 Meeting Date: Monday, October 21, 2013
WHEREAS, after due deliberations and consideration of the recommendation of
the Planning and Zoning Commission and the information and other materials received
at the public hearing, the Town Council has concluded that the adoption of this
Ordinance is in the best interests of the Town of Trophy Club, Texas and of the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01. Exhibit “C”, “Development Standards”, of Ordinance No. 99-17 P&Z of the Town
of Trophy Club, Texas, the same being the Town's PD #21, is hereby amended to add a
use under Section A, “Purpose”, Subsection 1(c)(ii), “Permitted uses” as set forth below,
and all other articles, chapters, sections, subsections, paragraphs, sentences, phrases
and words shall not be amended but are hereby ratified and affirmed:
A. Purpose
1. Tracts 1, 2 & 3 (Retail uses, as depicted in Exhibit “B”)
(c) Permitted uses:
(ii) Other uses permitted include:
“Electronic Cigarette Supplies Store”
SECTION 3.
ZONING MAP AMENDED/APPLICABLE REGULATIONS
The official Zoning Map is hereby amended to reflect the change in use as set
forth in Section 2.01 of this Ordinance. Further, in all respects the Land shall be subject
to the applicable regulations contained in the Comprehensive Zoning Ordinance and all
other applicable and pertinent ordinances and regulations of the Town.
Town Council Page 42 of 148 Meeting Date: Monday, October 21, 2013
SECTION 4.
SAVINGS
This Ordinance shall be cumulative of all other ordinances of the Town affecting
the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in
direct conflict with the provisions of this Ordinance.
SECTION 5.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision hereof shall be fined, upon
conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 6.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or
word in this Ordinance or application thereof to any person or circumstance is held
invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares that it would have passed such remaining portions of this Ordinance
despite such invalidity, which remaining portions shall remain in full force and effect.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and
publication as provided by law.
AND IT IS SO ORDAINED
Town Council Page 43 of 148 Meeting Date: Monday, October 21, 2013
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 21st day of October, 2013.
_____________________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
_____________________________________
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
_____________________________________
Patricia Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 44 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-611-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/28/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding approval of a Preliminary Plat for an approximate
10.430 acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas
of Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown
Development, Inc.
Attachments:Staff Report - Preliminary Plat - TC 102113.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/3/2013 1
Consider and take appropriate action regarding approval of a Preliminary Plat for an approximate 10.430 acre tract of
land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant:
Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc.
Town Council Page 45 of 148 Meeting Date: Monday, October 21, 2013
TOWN COUNCIL
October 21, 2013
SUBJECT
: Consider and take appropriate action regarding approval of a
Preliminary Plat for an approximate 10.430 acre tract of land
situated in the J. Michael Survey, Abstract No. 821, to be
known as the Villas of Hogan’s Glen, Phase II. Applicant:
Jason Wight, Jones & Carter, Inc. on behalf of Midtown
Development, Inc. (PP-10-018)
PURPOSE: To consider approval of a Preliminary Plat for the Villas of Hogan’s
Glen, Phase II, consisting of 37 residential lots and 5 open space
lots.
OWNER: Midtown Development, Inc.
12222 Merit Drive, Suite 120
Dallas, TX 75251
APPLICANT: Jason Wight
Jones & Carter, Inc.
6509 Windcrest Drive, Suite 600
Plano, TX 75024
COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates
this area as residential. This request conforms to the Comprehensive Plan.
ADJACENT ZONING/EXISTING LAND USES:
North: Parkland - Harmony Park
South: “CR” Commercial Recreation - Golf Course Property
East: Residential “R-10” – Sections 11 and 12
West: Residential – Estate section of PD-22
The property is located south of Harmony Park between Meadowbrook Lane and Katie
Lane.
EXISTING CONDITION OF THE PROPERTY: Vacant. The property was zoned as a
planned development, Planned Development No. 22 (PD-22) in May 2000. The Villas
section of Hogan’s Glen was part of the original zoning. Below is the concept plan from
the original PD-22 zoning as presented in 2000, followed by the preliminary plat
presented for your consideration:
Town Council Page 46 of 148 Meeting Date: Monday, October 21, 2013
Town Council Page 47 of 148 Meeting Date: Monday, October 21, 2013
STAFF ANALYSIS
The preliminary plat for the Villas of Hogan’s Glen, Phase II brings forward a plan for 37
single family homes. There is a minimum lot size of 7,200 sq. ft. and each lot on this
proposed preliminary plat meets this requirement.
Minimum Lot Size 7,200 sq.ft.
Front Yard 15 ft.
Rear Yard 10 ft.
Side Yard 10 ft.
Side Yard Adjacent to Street 10 ft.
Minimum Lot Depth 100 ft.
Minimum Lot Width (at building line 60 ft.
Minimum House Size 2,500 sq.ft.
The existing temporary turn-around located at the end of Katie Lane is to be abandoned
with the final plat and Katie Lane will extend to Meadowbrook Lane with a gate at the
intersection of the two streets.
SUMMARY
The Town Engineer, Tom Rutledge, Teague, Nall & Perkins, has reviewed and
approved the preliminary drainage plan and preliminary water and sanitary sewer plans
for this neighborhood.
The preliminary plat has been reviewed for completeness and generally accepted
engineering and planning design principles and standards. It appears that all
requirements of the Town’s Subdivision Regulations and Zoning Ordinance have been
met.
Staff requests a recommendation of approval to the Town Council for the preliminary
plat for the Villas of Hogan’s Glen, Phase II.
PLANNING AND ZONING COMMISSION: The Planning & Zoning Commission heard
this request on October 3, 2013, and after a presentation by the applicant and a staff
report from Ms. Huggins, the Commission had the following questions and discussion:
Chairman Senelly stated that there was a question that came up in a prior meeting
regarding the drainage and sewage for this area and the Town Engineer has indicated
that these issues have been resolved favorably. Is that correct? Mr. Rutledge, Town
Engineer, TNP Inc., confirmed that the issues have been resolved favorably.
Commissioner Reed asked for specifics on how they were resolved. Ms. Huggins
responded that one of the issues with drainage was where is the water going to go?
She explained that on the south edge of the property a drainage easement has been
added, which was obtained by the applicant after discussion over the past few months
with the Country Club. In addition, an open space drainage easement was added
between Lots 17 and 18. Regarding sanitary sewer, there was a question of whether or
not a lift station had adequate capacity to provide service to this subdivision. The Town
Town Council Page 48 of 148 Meeting Date: Monday, October 21, 2013
Engineer worked with the MUD, the Town, and the applicant’s engineer to make sure
that capacity was there. That took a little bit of time to resolve and there is now a new
lift station for Canterbury Hills subdivision that will handle capacity for this subdivision.
Commissioner Reed asked if the drainage easement is a detention pond. Mr. Rutledge
explained that there is a swale and the water will run on the surface within the drainage
easement. He stated that the lots will be raised and filled in and the water that comes
from the golf course cannot come onto the Villas development so they needed to work
with the golf course so the water would flow down through the easement into the
detention pond in the corner of the Villas subdivision. There will not be any increase in
drainage downstream from what is there today.
Chairman Senelly asked if the detention pond has been adequately sized to retain the
quantity of water needed to be retained and it appears there is a wall around it that
looks like a dam. Is that what it is? Mr. Rutledge stated that it is a controlled outlet
structure. Chairman Senelly asked what the function of the wall is. Mr. Rutledge
responded that it will retain the water and meter it out. Chairman Senelly stated that the
detention pond wall section has no footing. Is that ok? Mr. Rutledge explained that
they will have to submit engineered plans for that wall before it can be constructed.
Alger Moore, 407 Hogan’s Drive, said that it sounds like there is water coming onto that
property from almost every side and once the property is developed, where will all that
water go? Is it going to run back down Katie Lane? Mr. Kennedy, Jones & Carter,
stated that the water will flow through the property into the detention basin. He stated
that the walls of the detention pond will act as a controlled outfall structure. Mr.
Rutledge added that, right now, the site falls from the high side to the west of the current
development down to the southeast. It runs into the southeast corner where the
detention pond is designed and that is where it is metered out onto the golf course.
That is also where the drainage currently goes in its undeveloped state. It is all running
down to that corner. None of the homes that are to the west, north or even those on the
easterly area, none of this drainage will be around those homes. Everything drains
back onto the golf course, which is the reason the applicant had to work with the
Country Club to obtain an easement because all of those details had to be worked out
with the Country Club.
Michelle Reed, Katie Lane, said hello to Commissioner Allen and thanked the
Commissioners for serving the Town and spending their Thursday nights here. She
stated that there are a couple of things that concern her living on Katie Lane and some
of her neighbors, who, with football games, and couldn’t make it so she is kind-of the
voice of Katie Lane a little bit. “In some of the preliminary pictures that I had seen, you
could see where the gates were going to be and I know Carolyn just mentioned where
the gates were and some of us couldn’t see where they were so can you go over where
the gates are?”
Chairman Senelly: “Just for your information, the subject of gates is fine, but
understand it has nothing to do with platting.”
Town Council Page 49 of 148 Meeting Date: Monday, October 21, 2013
Ms. Reed: “and, I guess the reason why I was concerned about the gates is whenever
you look at the plat from 2000 the gates were on the plat.”
Ms. Huggins: “Were you actually looking at a plat from 2000 or were you looking at the
concept plan that was part of the staff report that was given to the Commissioners?”
Ms. Reed: “I looked at the agenda online and what was in the packet. And, if it was a
plat I wanted to make sure the gates were discussed.”
Ms. Huggins: “Normally gates would not be on a plat. But, what was in the packet was
the concept plan from the original zoning document and that would have things like
that.”
Ms. Reed: “Ok, because when that had it and this didn’t, I was like, ok that doesn’t
make sense.”
Ms. Huggins: “A plat is to record land boundaries and so we are recording the
boundaries of the subdivision.” [Ms. Huggins went to the podium to use the light laser
to point out where the gates would be located. Pointing to the Map on the Wall: “This
is Katie Lane where it dead ends right now in a cul-de-sac and it is going to continue on
to Meadowbrook. This is where Meadowbrook dead ends right now. East and West
Hillside is here. There is going to be a public street connecting Meadowbrook and East
and West Hillside Place and Katie Lane will dead-end into Meadowbrook Lane and the
gate will be right there.”]
Ms. Reed: “And I am sad because I wish I would have come for the platting of this
because it is sad that you have estate plats right there and then on the same street you
have little plats but I’m too late for that.”
Ms. Huggins: “When that was determined was when the zoning was approved, and the
Villas were approved as part of the zoning back in 2000.”
Ms. Reed: “Unfortunately. Thanks.”
Ms. Huggins [to Chairman Senelly]: “If I can make a comment there?”
Chairman Senelly: “Please.”
Ms. Huggins: “I think if you can give it a little bit of a chance, I think you are going to
find that the builder, in negotiations with Mr. Beck to purchase this property, to build the
homes, is going to build some pretty nice looking homes in this section of Hogan’s Glen.
I think it will be very compatible with the estate lot homes. Of course, the lot sizes are
half the size, minimum 7,200 sq. ft., which it was always meant to be that with the
original zoning, but I think you will find the builder, if that negotiation goes through and
that purchase goes through, the builder is going to build some very nice homes in that
section of Hogan’s Glen.”
Chairman Senelly: “I personally have had a lot of experience with this area, it’s where I
walk my dogs, and I know where the water ponds. I know what the issue is, right now.
When those small ponds fill up, what happens is it spills over and it goes the same
direction that it is going to go when this development is built. The only difference will be
is that there’s more substantial detention than there is now and the drainage will have a
more directed flow until it leaves the confines of this development and then it looks like it
will sheet flow onto the golf course as it does now. I don’t know of any reason to expect
that it is going to be much different on the golf course side than it is today. But I do know
that the property where the houses are going to be won’t be as wet as it is now. That’s
just my own experience.”
Town Council Page 50 of 148 Meeting Date: Monday, October 21, 2013
Commissioner Garrett Reed: “You said the lift station had to be upgraded or
expanded?”
Mr. Rutledge: “No, not really.” He explained that there was a timing issue. There was
a lift station designed for Canterbury Hills. The Canterbury Hills development was
developed first and then this subdivision came online. The engineers for both projects
had to be brought together to share and compare data for the lift station to make sure
there was adequate capacity for both subdivisions. Mr. Rutledge stated: “It took a
while, but the developer for Canterbury Hills actually was real gracious to hold up
shipping that whole lift station until we could grind through the calculations. So we
worked with Jones & Carter as they evaluated the lift station to make sure it did have
the capacity because there was a concern about that. We wanted to make sure that if
there needed to be modifications to it that it could happen prior to it being installed. It is
a very substantial lift station so as it’s turned out, the studies and the reports were all
updated to allow for this additional flow and we’re all good.”
There was a question asked if the developers split the cost of the lift station. Town Staff
does not know the answer to that question as that is a matter between the developers,
but as far as the Town and MUD are concerned, Mr. Rutledge stated that this
development is compatible with what the lift station is going to receive.
Chairman Senelly called for a motion.
Commissioner Allen made a motion to approve the preliminary plat for Villas of Hogan’s
Glen, Phase II. Commissioner Sadley seconded the motion. The vote was 4-1.
Commissioner Reed voted against the plat.
Ms. Huggins: “A plat that meets the Subdivision Rules and Regulations cannot be
denied.”
Commissioner Garrett Reed: “Then why bring it before this body?”
Ms. Huggins: “Because our ordinances require that P&Z review it.”
Chairman Senelly: “Approved”.
Ms. Huggins: “Thank you.”
Mr. Reed: “Let’s speed things up next time. It doesn’t matter what we vote.”
(ch)
Attachments: Preliminary Plat (hard copy)
Town Council Page 51 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-612-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/28/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding approval of a Final Plat for an approximate 10.430
acre tract of land situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of
Hogan’s Glen, Phase II. Applicant: Jason Wight, Jones & Carter, Inc. on behalf of Midtown
Development, Inc.
A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and
Midtown Development Inc., relative to the Villas of Hogan's Glen, Phase II, authorizing the Mayor or
her designee to execute necessary documents.
Attachments:Staff Report.pdf
Application - Final Plat.pdf
Subdivider's Agreement.pdf
Action ByDate Action ResultVer.
Planning & Zoning Commission10/3/2013 1
Consider and take appropriate action regarding approval of a Final Plat for an approximate 10.430 acre tract of land
situated in the J. Michael Survey, Abstract No. 821, to be known as the Villas of Hogan’s Glen, Phase II. Applicant:
Jason Wight, Jones & Carter, Inc. on behalf of Midtown Development, Inc.
A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and Midtown
Development Inc., relative to the Villas of Hogan's Glen, Phase II, authorizing the Mayor or her designee to execute
necessary documents.
Town Council Page 52 of 148 Meeting Date: Monday, October 21, 2013
TOWN COUNCIL
October 21, 2013
SUBJECT
: Consider and take appropriate action regarding approval of a
Final Plat for an approximate 10.430 acre tract of land situated
in the J. Michael Survey, Abstract No. 821, to be known as the
Villas of Hogan’s Glen, Phase II. Applicant: Jason Wight,
Jones & Carter, Inc. on behalf of Midtown Development, Inc.
(FP-12-049)
PURPOSE: To review and consider approval of a Final Plat for the Villas of
Hogan’s Glen, Phase II, consisting of 37 residential lots and 5 open
space lots.
OWNER: Midtown Development, Inc.
12222 Merit Drive, Suite 120
Dallas, TX 75251
APPLICANT: Jason Wight
Jones & Carter, Inc.
6509 Windcrest Drive, Suite 600
Plano, TX 75024
COMPREHENSIVE LAND USE PLAN: The Comprehensive Land Use Plan designates
this area as residential. This request conforms to the Comprehensive Plan.
ADJACENT ZONING/EXISTING LAND USES:
North: Parkland - Harmony Park
South: “CR” Commercial Recreation - Golf Course Property
East: Residential “R-10” – Sections 11 and 12
West: Residential – Estate section of PD-22
The property is located south of Harmony Park between Meadowbrook Lane and Katie
Lane.
EXISTING CONDITION OF THE PROPERTY: Vacant. The property was zoned as a
planned development, Planned Development No. 22 (PD-22) in May 2000. The Villas
section of Hogan’s Glen was part of the original zoning.
Town Council Page 53 of 148 Meeting Date: Monday, October 21, 2013
Town Council Page 54 of 148 Meeting Date: Monday, October 21, 2013
STAFF ANALYSIS
The final plat for the Villas of Hogan’s Glen, Phase II brings forward a plan for 37 single
family homes. There is a minimum lot size of 7,200 sq. ft. and each lot in this proposed
final plat meets this requirement.
Minimum Lot Size 7,200 sq.ft.
Front Yard 15 ft.
Rear Yard 10 ft.
Side Yard 10 ft.
Side Yard Adjacent to Street 10 ft.
Minimum Lot Depth 100 ft.
Minimum Lot Width (at building line 60 ft.
Minimum House Size 2,500 sq.ft.
The existing temporary turn-around located at the end of Katie Lane is to be abandoned
with this plat and Katie Lane will extend to Meadowbrook Lane with a gate at the
intersection of the two streets.
The Town Engineer, Tom Rutledge, TNP Inc., has provided a memo stating that all
engineering comments have been met and this final plat is ready for Council approval.
PLANNING AND ZONING COMMISSION
The Planning & Zoning Commission heard this request on October 3, 2013.
Chairman Senelly announced the case and stated that the final plat looks just like the
preliminary plat. No change. He asked for any discussion or comments from the
Commissioners. There were none and the Chairman called for a motion.
Commissioner Allen made a motion to approve the final plat for Villas of Hogan’s Glen,
Phase II. Commissioner Sadley seconded the motion. The vote was 4-1.
Commissioner Reed voted against the final plat.
PARKLAND DEDICATION – THE VILLAS – PD-22
Requirement: 1 acre for every 44 dwelling units
There are a total of 37 dwelling units in The Villas for a total requirement of .84 acre
parkland dedication.
Midtown Development, Inc. is proposing to provide 0.687 acres to fulfill parkland
dedication for the Villas section of PD-22. Staff recommends acceptance of the 0.687
acres as it will strategically add to the acreage of Harmony Park.
Town Council Page 55 of 148 Meeting Date: Monday, October 21, 2013
PARKLAND DEDICATION:
0.090 acres – On Plat, area above Lots 3 and 4
0.081 acres – On Plat, area above Lots 1 and 2
0.516 acres - Lot 1613 and Lot 1614
Town Council Page 56 of 148 Meeting Date: Monday, October 21, 2013
Lot 1613 and 1614 on a recent Saturday:
(ch)
Attachments: Application
Town Engineer memo of approval
Final Plat (hard copy)
Town Council Page 57 of 148 Meeting Date: Monday, October 21, 2013
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VILLAS OF HOGAN’S GLEN, PHASE II
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and MIDTOWN DEVELOPMENT, INC. acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the town limits of Trophy Club,
Texas, for Villas of Hogan’s Glen, Phase II, more particularly described as a tract of
land consisting of approximately 10.428 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 presented to TOWN Staff on June 1, 2012, and to the offsite improvements
necessary to support the PROJECT, more particularly described in Section II of this
AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and
executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT.
The Project is planned to be platted for Single Family Residential together
with allowed incidental and accessory uses. The Project received preliminary
plat approval from the Town on October 21, 2013.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER shall award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
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
Town Council Page 59 of 148 Meeting Date: Monday, October 21, 2013
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the DEVELOPER for the Project. Any surety company through
which a bond is written shall be a surety company duly authorized to do
business in the State of Texas, provided that the TOWN, through the Town
Attorney, shall retain the right to reject any surety company as a surety for
any work under this or any other SUBDIVIDER’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.
Town Council Page 60 of 148 Meeting Date: Monday, October 21, 2013
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
Town Council Page 61 of 148 Meeting Date: Monday, October 21, 2013
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$1,271,517.11 for the cost of public and private improvements and facilities
for this Project. The detailed cost estimates are a part of this AGREEMENT
and are attached hereto as “Attachment A” and incorporated herein. The
TOWN shall not accept any construction improvements outside of the Project
and the two (2) year warranty for such improvements shall not commence
until all construction activities are completed and accepted by the TOWN.
The Payment, Performance and Maintenance Bonds provided by the
DEVELOPER shall cover only the public improvements and facilities for this
Project at a cost of Three Hundred Two Thousand, Eight Hundred Seven
Dollars and Fifty Cents ($302,807.50). The detailed cost estimates for the
public improvements only are a part of this AGREEMENT and are attached
hereto as “Attachment C” and incorporated herein.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
DEVELOPER shall provide the TOWN with the following documents: 1) One
(1) copy 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. The 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.
Town Council Page 62 of 148 Meeting Date: Monday, October 21, 2013
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), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mike Slye, Town Manager Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682-831-4600 Phone: 817-336-5773
Fax: 817-490-0705 Fax: 817-336-2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
Town Council Page 63 of 148 Meeting Date: Monday, October 21, 2013
as specifically provided herein, TOWN shall not issue any building permits
until all public improvements and facilities are completed in accordance with
this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER shall
furnish to the TOWN an affidavit of all bills paid.
Q. DEVELOPER shall be responsible for development of a Homeowners
Association (HOA) and Developer/HOA shall be responsible for maintenance
of all common areas.
II. PUBLIC AND PRIVATE IMPROVEMENTS AND FACILITIES TO BE
CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”. Except as expressly provided otherwise,
DEVELOPER, and when applicable, Homeowners Association shall be
responsible for the construction and maintenance of all improvements and
facilities for the Project:
1) Water Distribution System.
2) Sanitary Sewer System.
3) Drainage and Storm Sewer System.
4) Street Paving – Streets shall be built to Town standards, shall be private,
and shall be owned and maintained by the Homeowners Association for
Hogan’s Glen.
5) Landscaping (shall be owned and maintained by the Hogan’s Glen
Homeowners Association).
6) Fences/Walls/Retaining Walls (shall be owned and maintained by the
Hogan’s Glen Homeowners Association).
7) Signs – Shall comply with TOWN Sign Regulations.
8) Driveways and Walkways – The DEVELOPER shall be responsible for
the construction of sidewalks and pathways as required in Ordinance
2000-09, Exhibit C, Item I. “Driveways and Walkways”, as well as to the
standards and requirements of Item N. “Pathway Plan”, as well as to the
standards and requirements of Chapter 12-Subdivision Rules &
Regulations, Article V-Improvements, Section 5.05-Sidewalks and Extra
Width Paths.
9) Lights – Street lights shall be as designated on street light layout plan
approved by Town and submitted to Oncor.
Town Council Page 64 of 148 Meeting Date: Monday, October 21, 2013
10) Common Areas and Open Space Lots – All common areas and open
space lots shall be owned and maintained by the Hogan’s Glen
Homeowners Association.
11) Parkland Dedication – Shall be fulfilled by DEVELOPER conveying to
the TOWN Tract 1, 0.090 acres, and Tract 2, 0.081 acres, as shown on
the attached Exhibit A, and Lots 1613 and 1614, Section 12, 0.516 acres
as shown on the attached Exhibit A Boundary Survey. DEVELOPER
shall provide a title policy at his sole cost and expense and shall convey
clear title to the Parkland within thirty (30) days after the date of Council
approval of this AGREEMENT. The parties agree and understand that
DEVELOPER’s dedication of Parkland hereunder satisfies parkland
dedication requirements for the PROJECT. In the event that
DEVELOPER fails to convey the Parkland in accordance with this
AGREEMENT, work on the PROJECT shall be stopped and shall not
recommence nor shall any building permits be issued until the Parkland
is conveyed to TOWN in accordance with this AGREEMENT.
B. Other.
1. Bench marks shall be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be
submitted to the TOWN within two (2) months following the acceptance
of the public improvements and facilities.
3. Testing
The DEVELOPER shall provide all geotechnical and materials tests
required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER’S cost in accordance with Section 7.03 of Article 7,
Chapter 12 of the TOWN’s Code of Ordinances. Such tests shall be
conducted by an independent laboratory acceptable to the TOWN.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $63,575.85 (5% of $1,271,517.11) to cover the cost of TOWN
inspection fees as related to the construction of the Project. As
applicable, DEVELOPER shall 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 shall be responsible for obtaining any
other permits which may be required by other federal, state or local
authorities.
5. Planned Development No. 22.
DEVELOPER shall construct and maintain all improvements in
accordance with the TOWN approved Planned Development District No.
Town Council Page 65 of 148 Meeting Date: Monday, October 21, 2013
22 and all TOWN approved amendments thereto in addition to all other
TOWN ordinances.
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the 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
development of this PROJECT shall accrue to the DEVELOPER.
Town Council Page 66 of 148 Meeting Date: Monday, October 21, 2013
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public and private 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 Subdivider'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 Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, TOWN Ordinances,
Town Council Page 67 of 148 Meeting Date: Monday, October 21, 2013
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 Subdivider’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:
MIDTOWN DEVELOPMENT, INC.
Date: ______________
Printed Name:_____________________
Title: ____________________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 68 of 148 Meeting Date: Monday, October 21, 2013
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Town Council Page 70 of 148 Meeting Date: Monday, October 21, 2013
ITEM DESCRIPTION UNIT QTY UNIT COST TOTAL COST
Town of Trophy Club Public Improvements (Meadowbrook Lane)
Earthwork
1. Clearing and Grubbing AC 0.40 1,000.00$ 400.00$
2. General excavation CY 369 2.00 738.00
Sub-Total Earthwork 1,138.00$
Paving
1. Cement stabilized subgrade @ (25 lbs/SY; 5% by weight) as
directed by Engineer (1-foot behind back of curb)
Ton 14 135.00$ 1,860.30$
2. Grading and compaction of subgrade for concrete pavement SY 1,102 0.25 275.61
3. Manipulation of cement subgrade for concrete pavement, 6-
inch cement stabilized subgrade
SY 1,102 2.00 2,204.00
4.6-inch reinforced concrete pavement (4,000 psi) - 27 foot back-
to-back, complete in place.
SY 1,071 30.00 32,120.10
5. Sawcut, Remove & Replace of Existing Pavement SY 57 10.00 570.00
6. Remove Existing Curb and Island. Replace with 6" 4000 psi
Concrete with #3 bars 18" O.C.E.W. on 8" Stabilized
Subgrade Compacted to 95% Modified Proctor.
LS 1 2,000.00 2,000.00
7. Sawcut, Remove & Dispose of Existing Curb LF 118 8.00 944.00
8. Stop sign including post combo for street name blades, and
concrete
EA 3 500.00 1,500.00
9. "Cross Traffic Does Not Stop" sign, complete in place EA 1 500.00 500.00
10. Barrier free ramps EA 5 1,000.00 5,000.00
Sub-Total Paving 46,974.01$
Hardscape Improvements(2)
1. 4' Conc. Sidewalk LF 622 20.00$ 12,433.00$
Sub-Total Hardscape 12,433.00$
Miscellaneous
1. Street Light EA 1 4,000.00$ 4,000.00$
2. Maintenance bond to Town of Trophy Club for 100% of
contract amount for a period of 2 years from the date of final
acceptance of the project LS 1 5,000.00 5,000.00
Sub-Total Miscellaneous 9,000.00$
Total Town of Trophy Club 69,545.01$
Trophy Club MUD #1 Improvements
Water
1. 8-inch waterline, (including bedding, backfill, ductile iron
fittings, thrust blocks, and testing)
LF 1,220 25.00$ 30,500.00$
2. Fire hydrant assembly, complete in place EA 3 4,000.00 12,000.00
3. Final adjustment of all fire hydrants EA 3 300.00 900.00
4. 8-inch GV and Box EA 4 1,500.00 6,000.00
5. 10-inch by 8-inch tapping sleeve and valve EA 1 2,000.00 2,000.00
6. 6-inch GV and Box EA 3 1,200.00 3,600.00
7. 6-inch by 6-inch cut in tee EA 1 2,000.00 2,000.00
VILLAS OF HOGAN'S GLEN
PHASE II
PRELIMINARY CONSTRUCTION COST ESTIMATE(1)
October 14, 2013
Town Council Page 71 of 148 Meeting Date: Monday, October 21, 2013
8. Connect to Exist Water EA 4 1,000.00 4,000.00
9. 1" Water Service, complete in place EA 40 700.00 28,000.00
10. Trench Safety LF 1,220 0.50 610.00
Sub-Total Water 89,610.00$
Sanitary Sewer
1. 8-inch sanitary sewer pipe, SDR-35, 0'-12' Deep (including air
testing, bedding and backfill)
LF 1,835 40.00$ 73,400.00$
2. 4-foot diameter sanitary sewer manhole, up to 12' depth,
complete in place (including testing)
EA 11 3,500.00 38,500.00
3. Final vertical adjustment of sanitary manholes EA 11 350.00 3,850.00
4. Furnish and install manhole on existing wastewater line EA 1 3,500.00 3,500.00
5. 4" Service including fittings and plugs EA 37 450.00 16,650.00
6. Trench safety LF 1,835 1.50 2,752.50
Sub-Total Sanitary Sewer 138,652.50$
Miscellaneous
1. Maintenance bond to Trophy Club MUD #1 for 100% of
contract amount for a period of 1 year from the date of final
acceptance of the project
LS 1
5,000.00$ 5,000.00$
Sub-Total Miscellaneous 5,000.00$
Total Trophy Club MUD #1 233,262.50$
Private Improvements (HOA Maintained)
Earthwork
1. Clearing and Grubbing AC 10.10 1,000.00$ 10,100.00$
2. General excavation CY 2,751 2.00 5,502.00
3.Import and Haul fill(4)CY 20,938 10.00 209,380.00
4.Rough Lot Grading(3)LOT 37 250.00 9,250.00
5. Final Lot Grading LOT 37 250.00 9,250.00
Sub-Total Earthwork 243,482.00$
Drainage
1. Detention pond outfall structure LS 1 35,000.00$ 35,000.00$
2. 12" Diameter rock rip rap 12" depth SY 12 100.00 1,200.00
Sub-Total Drainage 36,200.00$
Paving
1. Cement stabilized subgrade @ (25 lbs/SY; 5% by weight) as
directed by Engineer (1-foot behind back of curb)
Ton 61 135.00$ 8,235.00$
2. Grading and compaction of subgrade for concrete pavement SY 4,898 0.25 1,224.50
3. Manipulation of cement subgrade for concrete pavement, 6-
inch cement stabilized subgrade
SY 4,898 2.00 9,796.00
4.6-inch reinforced concrete pavement (4,000 psi) - 27 foot back-
to-back, complete in place.
SY 4,549 30.00 136,470.00
5. Modified curb inlet EA 1 5,000.00 5,000.00
6. Contech armor flex opencell block SF 1,715 6.50 11,147.50
7. Sawcut, Remove & Dispose of Existing Asphalt Pavement SY 583 8.00 4,664.00
8. Stop sign including post combo for street name blades, and EA 2 500.00 1,000.00
9. "No Outlet" Sign, complete in place EA 1 500.00 500.00
10. Barrier free ramps EA 6 1,000.00 6,000.00
Sub-Total Paving 184,037.00$
Hardscape Improvements(2)
1. 8'-6" Primary Stone Column EA 9 2,270.00$ 20,430.00$
Town Council Page 72 of 148 Meeting Date: Monday, October 21, 2013
2. 8' Stone wall LF 402 325.00 130,650.00
3. 4'-0" Wide Pedestrian Gate LS 1 3,700.00 3,700.00
4. Vehicular Gates w/ Gate Openers, Motors, Electrical Service, LS 1 38,500.00 38,500.00
5. Metal Fence and Entry Gates LS 1 28,000.00 28,000.00
6. 4' Conc. Sidewalk LF 148 20.00 2,960.00
7. 5' Conc. Sidewalk LF 297 20.00 5,940.00
Sub-Total Hardscape 230,180.00$
Landscape Improvements(2)
1.Finish Grading LS 1 2,800.00$ 2,800.00$
2.Soil prep, mulch, compost, backfill, fertilizer, and misc. LS 1 5,800.00 5,800.00
3.Tree staking EA 108 22.00 2,376.00
4.4" Caliper shade trees EA 56 425.00 23,800.00
5.2" Caliper ornamental trees EA 52 250.00 13,000.00
6.Common bermuda hydromulch SF 10,320 0.40 4,128.00
7.Native sun turf hydromulch SF 33,970 0.17 5,774.90
8.Maintenance until acceptance LS 1 2,000.00 2,000.00
9. Complete irrigation system including sleeves, backflow
devices, controller, distribution lines and heads, complete in
place LS 1 22,500.00 22,500.00
Sub-Total Landscape 82,178.90$
Miscellaneous
1. Rock Berm EA 5 500.00$ 2,500.00$
2. Silt Fence LF 4,350 2.00 8,700.00
3. Type "A" Inlet Protection EA 1 250.00 250.00
4. 25' x 50' Stabilized Construction Entrance EA 1 2,000.00 2,000.00
5. Street Lights EA 3 4,000.00 12,000.00
6. Move in and start up including performance and payment
bonds for 100 percent to contract amount
LS 1 20,000.00 20,000.00
7. Maintenance bond to HOA for 40% of contract amount for a
period of 2 years from the date of final acceptance of the
project
LS 1 5,000.00 5,000.00
8. Retaining Wall FF 4,550 15.00 68,250.00
9. Gas Service EA 37 800.00 29,600.00
10. Electrical Service EA 37 200.00 7,400.00
11. Electric Relocation LS 1 12,000.00 12,000.00
12. Materials Testing - 2% Total Construction LS 1 2% 24,931.71
Sub-Total Miscellaneous 192,631.71$
Total Private (HOA Maintained) 968,709.61$
Total Town of Trophy Club 69,545.01$
Total Trophy Club MUD #1 233,262.50$
Total Private (HOA Maintained) 968,709.61$
TOTAL $1,271,517.11
Notes:
1.
2.
3.
4.Import shall include clean fill dirt that meets the minimum recommendations of the Geotechnical Report Prepared by Alpha testing. Alpha Report
No. G121319
Does not include lot moisture conditioning.
Hardscape and landscape quantities provided by Studio B.
Quantities for this estimate are based on construction plans that have not been approved by the The Town of Trophy Club or Trophy Club M.U.D.
#1. This estimate is released for the purpose of "Attachment A" of the Subdivides Agreement only.
Town Council Page 73 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-618-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/2/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding Resolution No. 2013-28 amending Resolution No.
2013-11 appointing a resident to serve on the Board of the Trophy Club Crime Control and Prevention
District (“TCCCPD”); and providing an effective date.
Attachments:Staff Report CCPD Vacancy Appointment.pdf
Res No 2013-28 amending Res No 2013-11 Appointing Permanent Board of Directors CCPD.pdf
Patrick Arata CCPD Application.pdf
Mark Chapman CCPD Application.pdf
Scott Spooner CCPD Application.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Resolution No. 2013-28 amending Resolution No. 2013-11 appointing a
resident to serve on the Board of the Trophy Club Crime Control and Prevention District (“TCCCPD”); and providing an
effective date.
Town Council Page 74 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Chief Kniffen
CC: Mike Slye, Town Manager
Re: Town Council Meeting October 7, 2013
___________________________________________________________________
Agenda Item:
Consider and take appropriate action to appoint a Crime Control and Prevention District Board
member for the vacant position.
Explanation:
On May 11, 2013, the Town election resulted in the creation of a Crime Control and Prevention
District (CCPD). Of the seven members of the temporary CCPD board, six members
volunteered to stay on as permanent members. A quorum of the board is four members. Since
the board was soon meeting to review the plan and budget it was decided to to appoint the
seventh member during the normal appointment time frame.
The Board met and interviewed three candidates then selected Patrick Arata to fill the vacant
position.
Attachments:
None
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Recommendation:
Management recommends the appointment of Patrick Arata to fill the vacant position.
Town Council Page 75 of 148 Meeting Date: Monday, October 21, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2013-11
APOINTING PERSONS RESIDING WITHIN THE TOWN TO SERVE AS
DIRECTORS OF THE TROPHY CLUB CRIME CONTROL AND
PREVENTION DISTRICT (“TCCCPD”) IN ORDER TO APPOINT A
RESIDENT TO A VACANT SEAT FOR THE REMAINDER OF AN
UNEXPIRED TERM AND TO DESIGNATE EXPIRATION DATES FOR
ALL SEATS; APPOINTING ONE (1) MEMBER TO SERVE IN A
VACANT SEAT AND DESIGNATING THE EXPIRATION DATE FOR
THE TERMS OF OFFICE FOR EACH OF THE DIRECTORS AS
PREVIOUSLY DETERMINED BY THE BOARD; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local
Government Code to adopt a resolution that is for the good government of the Town;
WHEREAS, the Town Council is required by statute to appoint seven (7) persons
who reside in the proposed district to serve as a Board of Directors for the newly
created TCCCPD (the “Board”), and
WHEREAS, on June 3, 2013, Town Council took action to adopt Resolution No.
2013-11 appointing six (6) members who had served on the Temporary Board to serve
as Directors on the permanent Board, leaving one vacant seat; and
WHEREAS, at its first meeting on June 17, 2013, the Board drew lots and
designated terms of office for each of its members as required by state law; and
WHEREAS, on August 22, 2013, the Board interviewed applicants to fill the
vacant seat on the Board; and
WHEREAS, the Town Council finds and determines that the appointment of one
(1) additional person to serve on the Board of Directors for the Trophy Club Crime
Control and Prevent District should be made in accordance with this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The foregoing recitals are found to be true and correct and are
incorporated herein as if written word for word.
Section 2. The Town Council hereby finds that the seventh seat on the Board
of Directors of the TCCCPD should be filled by the resident named below, and that the
named resident is hereby appointed to serve for the remainder of the unexpired term,
Town Council Page 76 of 148 Meeting Date: Monday, October 21, 2013
which term expires on September 1, 2015, and further finds that the six seats previously
appointed by Resolution No. 2013-11 shall expire on the dates set forth below as
previously determined by the drawing of lots by the TCCCPD Board meeting on June
17, 2013:
Trophy Club Crime Control and Prevention District
1 Paul Glowacki (9/01/2014) 5 Timothy Gamache (9/01/2015)
2 Dena Boudreau (9/01/2014) 6 Adam Broyles (9/01/2015)
3 Christopher Davis (9/01/2014) 7 Patrick Arata (9/01/2015)
4 James Jay Isherwood (9/01/2015)
Section 3. This Resolution shall take effect from and after its date of passage in
accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 7th day of October, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 77 of 148 Meeting Date: Monday, October 21, 2013
---
, I
Town of Trophy Club
BOARD and COMMISSION APPLICATION JUL 1 0 2013
.--,~~~ ---, .... -',... " -._-" _. . -
Please check the appropriate Board, Commission, or Advisory Groufd(ti
o Citizen Financial Advisory Board 0 Ethics Commission
I til Crime Control and Prevention District :;. Parks and Recreation Board
1.-'f4 Economic Development Corporation 48 0 Planning and Zoning Commission H
o Zoning Board of Adjustment
.... Additional Application Form Required
We st"ongJx ~!!courafl!! that a brief resUlm~ be submitted along with the ape.'ication ...
Name: Patrick Arata E-mail: Pat 1811(il~aol,c(Jm
Address: -------_.,.•.__.._... _.. --_......__ ..., ..._...._,.... --_......._
Phone (Home): (Work):
Cell Phone:
Registered Voter? [~ Yes [] No Certificate Number:
Occupation, Experience/Degrees Held? Sp(~~.!91/\ge.'~I:..~_S, D!:~~.ntorcemer!I_I\~r.':linlstrC1tj~~_______...__.._,__
Why do you want to serve on this group? I want to serVH the
Do you have any potential conflicts of interest? No__
Do you have any related experience? I have be(;H1 in law enforcement lor 22 _~~.~~g w~lIchl.~~~!:"~e..r~~d in~A,MS
and VA .. I als_o have experienc(:: ill governrnl)nt
What do you feel you have to offer this group? I Wfln! to help anci 111E]Ve experience in b()t~1 nrnlPrrlmp worl\ and _._------
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each emrloyt;6 or official of a governmental
body and each former employee and official of a governmental body shall choose whether to allow public access to tho information
in the cllstody of the governmental body that ralates to the person's home address, home telephone number, and a-mail address.
Each employee and official and each former employee and official shall state their choice to the Town Secretary's office,
Plemm Indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes No x-"-,---
Home Phone Number Yes No x---.------..-..-_----.......-
Cell Phone Number Yes No x
Yes Y No41/-/? J_E-mail Address ----~...-~ ---~---~
----1 ..·----..LiS. ........... __ ..._-- for;e,((j~ ___AvcJQ.._~~__ _____~.~___ .__..__ .~__ .... __...~._.
Official Signature Official Name (Please Print)
7/10/11
--"---'-'~---------"~------'~--'---' --------"-.----------~---.
Date Submitted Received by: ""._...........
..Applicant Requirement for Boards or Commissions
Applicnnts for boards or commissions must be registered votero and residents for six months. Board and commission members JIlllst be
Trophy Club residents for at least six months as well as registered voters prior to their appointment With the exception of the Planning
and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, baued upon good cause shown, Council
may waive the voter registration requirement for a person appointed to a l3omd, Commission, or Citizen Advisory Group that does 110t
mal(e recommendations for Coundl approval. The technical eXflfH1ise of applicants may be a consideration in gaining arpointment
Town Council Page 78 of 148 Meeting Date: Monday, October 21, 2013
Patrick G. Arata
U. ,-"y. Drug Enforcement Administration
I was promoted to the Assistant Special Agent in Charge of the Drug
Enforcement Administration's Aviation Division in August 2010. As such, I
am responsible for the effective operational management of the aviation
program which provides critical avi8tion support to DEA's worldwide
mISSIOn.
I began his employment with the DEA in 1990, with his first assignment to
the Los Angeles Field Division.
In 2003, r was promoted to a Supervisory Special Agent at the Jackson,
Mississippi District Office. As a group supervisor in Jackson, MS, J was
highly successful in strengthening relationships between other local, state
and federal agencies involved in the counterdrug mission throughout the
State of Mississippi.
In 2008, I was transferred to DEA Headquarters in Washington D.C., where
I served as a Staff Coordinator in the Office of Diversion Control, Synthetic
Drugs & Chemicals Section.
During my career, I has been the recipient of numerous awards and
commendations.
Town Council Page 79 of 148 Meeting Date: Monday, October 21, 2013
Jul 16 l~013 15:00 Hewlett-Packard, Inc. 817-490-8915 p.2
RECEIVEI)
JUL 1 ~ 2013 PTown of Trophy Club
BOARD and COMMISSION APPLICATION
BY; /lA~L~ I
IPlease check the appropriate Board, Commission, or Advisory Groups(s)
Cl Citizen Financial Advisory Board LJ Ethics Commission
Qif Crima Control and Prevention [)istric;t 0 Parks and Recreation Board
o E.conomic Development C'..orporotlon 48 0 Planning and Zoning Commission·"
t:J Zoning Board of Adjustment
"'. Additional Application Form Required
"" .. __ .._._ W(L~trt:!!1[fIy.~ncC?urBge that a br(ef resum..e be submitted along with the application.
.... -.. -.-~
E-mail: Wlf!o",/t v../(J,>'\c.t ,,¥!~r.k_~jo~dj I.",."
Address: _,_.__ .or......._.. ___.:.._~-__
How Long?"' _ ~.y~M.~.:E____ Phone (I-lome): "__'_••'___ ..__ ........:.-..,.,_,. (Work):
NarYie:
Cell Phone: ,~L?..:-"_f.J-IJ . .f:'_
Registered Voter? ~Yes 0 No Certificate Nlimber:1Jt::."t.l 715" 7-Q ~_'\__..._.__...._...'.'
Occupation, ExperiencelDegrees Held? .~l~..,,~J, 5vff?9111-1::1;,1 no('~!::.) '10+ }'~Q("" }II' tf/u5/9{LJrs b~
Why do you want to serve on this group? T.,..j.J~~,<-._.twt.. l k +1,-4.. .t t?!y1 h1(LI1.l.i/-__~ .__...._
Do you have any potential conflicts of interest? ..L.~'-""_.________. _____
TEXAS OPEN RECORDS ACT
Notice to Apl)lIcan1S: Once Iwbmitlcd, inforrrmtion contained tn and included with this application is considered public record lind
must be releasad if a requesl Is made. According to Government Code Seclion 552.024 allch employoo or offidal of II governmental
body Bnd each (ortner employee and official of £j governmental body 9hall choose whethor to IJllow public access to (he information
In the cu:;tody of the governmental body thllt relates to the person's home address, home telephone number. and o-mall addro!lS,
Each employee und official and each former employee Dnd officilll shall state lheir chClice 10 (he Town ScCtelary's oWeo.
PI~nse Indicate with an X your decisions.
Home Address
Home Phone NUr(lber
Cell Phone Number
.~~ail Address
~~. _~ ~~ ~_~~I 4~_ ~___ ___ ---"-__
Offlclal fgnature
p J_::_JJI)-:_~L2.____~_.___.__.____ .
..__~ ___ .___
Dale Submllted Received by: _____.. ___.___,___
""ppllctll1t RequIrement for BOllrds or Commls»lons
Apr1icnnls for boards Qr cOmITliGSiono mu~1 be registered voters find fer;idents (01' six months. Board and commission members must be
Trophy Club residents for at lel'ilst six months as well or; reglstored voters prior to their appo/nlmonl, With Ihe exception of the Plannlnu
and loning Commission, Zoning Board of Adjustment nnd Ule Economic Development Boards. based upon good cause shown. Council
may walvo the voter registration requirement for 0 person appOinted 10 a Board, CommIssion, or Citizen Advisory Group that does 1101
tn,lke reCQlnrnerldntiol1S for Council £1pproval. Tho techniC<ll expertise of applicants may be a consideration in gllinlng appointment.
Town Council Page 80 of 148 Meeting Date: Monday, October 21, 2013
---
Town of Trophy Club
BOARD and COMMISSION APPLICATION
Please check the appropriate Board, Commission, or Advisory Groups(s)
o Citizen Financial Advisory Board 0 Ethics Commission
X Crime Control and Prevention District 0 Parks and Recreation Board
o Economic Development Corporation 4B 0 Planning and Zoning Commission **
o Zoning Board of Adjustment
** Additional Application Form Required
We stro'2g!>: encourage that D b[ief (I!..§ume bl!!. subm!((ed alonu with the application.
!\lame: E-mail:
.-......~-..-.-----~~
How Long?* . 15 _CC--=--.._~_..__ Phone (Home): 8.1.....:....._._~.....::.::=-=-=._______._ (Work):
Cell Phone:
Registered Voter? GJ Yes [] No Certificate Number: 485628----_... _---_._-
Occupation, Experience/Degrees Held? Director -S~J2J~!X Chain, BSMJ~.{M..~chanicaL~t:1g1~~E3.rl_.__.__ .~_.._
Why do you want to serve on this group? JJ1.tl"l!!.~()Jl1~leJl!!..9Jh~_nQehyg.~~b_Cit!~_~Q~police..69~~~E!JY__._..__
_D~_c;em~~r!.201 ~_~.llcL~!!LCl!!'active !!1em_~er_qfJhe Trop~y_QllJ.b Emergency.J(()!lJ_nl~ers Association. _..~.u.
Do you have any potential conflicts of interest? I no cOQflicts--.2J intert?.El:__. ____________._.__.
-_._._-------_.__..._.._--...... ---_...
Do you have any related experience? J~_~'y'e no di!e~~0perience ~~_t.3RQ!ice officer, h9weV f?f, ml0?[()tt~~r
~£1.~ ?..gaQ!§lnl~Jj1e $.h~rriff Dep~~tr:.nel}t ov~r~Quy~a.!sa.nd my father~in~@~~.police officer for?f>
What do you feel you have to offer this group? ..L~i!ru;~r.Q.\~t~e E!_!J_l:'silles§.l.~ngine.~~ing and.cJ!i.zen vie~J~L.
to the [J()sHiQD:_ .-.. --.-•.......••-... -_...._.......•_----_.__ ... --.-_..._..__..._.__._--._-._...•__._-
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental
body and each former employee and Official of a governmental body shall choose whether to allow public access to the information
in the custody of the governmental body that relates 10 the person's home address, home telephone number, and e-mail address.
Each employee and official and each former employee and officlal shall state their choice to the Town Secretary's office.
Pleaso indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes x No ___
Home Phone Number Yes x No
Cell Phone Number Yes No x
E-mail Address Yes No x
C)) C) ScottSpooner ----'" .--~<~~<:::~~.:-::~.-
Official Signature "(.1-Official Name (Please -Print)~'
07/29/13
Date Received by: ___....__...
"I\ppllcant Requirement for Boards or Commissions
Applicants for boards or cOllllllissions must bo registered voters and residents for six months. Board and commission members mllst be
Trophy Club residents for at least six months as well as registered voters prior to their appointment. With the exception of the Plannin~
and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, based upon good cause shown, Council
may waive the voter registration requirement for a person appointed to a Board, Commission, or ,Citize.n A?vis~~ Group t,hat does not
mal<e recommendations for Council approval. Tile tochnical expertise of applicants may be a conSideration In gaining appomtment.
Town Council Page 81 of 148 Meeting Date: Monday, October 21, 2013
Scott Spooner
2 Creekmere Drive
Trophy Club, TX 76262
817 ·491 ~8365
Diverse professional with over 25 years experience in manufacturing operations, quality,
engineering, sales and facilities.
* Industries served include medical devices, pharmaceuticals, aerospace, defense and
energy
* Excellent Supply Chain Management background
* Know for being reliable and honest, high integrity
.",. Reputation for being an accomplished leader
.,. Goal and success oriented
.,. Operates within budgets
.,. Implemented several successful cost savings programs
.,. Led efforts to implement ISO 9002 and ERP
.,. Experience in facility construction and start-up
Specialties: Operations management, suppfy chain management, production control
and planning, purchasing, manufacturing, product development, quality, facilities, and
sales management.
Dir'ector ~ SUflt!!Y Chain
QsteoMed
February 2003 -Present (10 years 6 months)
Develops, manufactures and markets craniomaxillofacial, neurosurgical and small bone
orthopedic implants and instruments .
.. Responsible for all aspects of operations including; manufacturing, assembly, service,
production planning and control, purchasing and facilities
* Maintained 99%+ service level since 2006
* Consistently operated within budget since 2003
* Achieved over $6.3MM in cost savings
* Responsible for $7MM budget
'I< Co-Chair for successful ERP implementation
Town Council Page 82 of 148 Meeting Date: Monday, October 21, 2013
" Established Supply Chain Management Team (SCMT) and improved supplier
performance
" Hesponsible for 1?,OOO sq. ft. ($1.7MM) facility expansion
gngineering{Qp~.rations Manager
August 1998 -October 2002 (4 years 3 months)
Drug discovery and radiopharmaceuticals manufacturer providing processing of cancer
drugs. Previously manufactured medical devices (brachytheraphy seeds) for the
treatment of prostate cancer (formerly International Isotopes, Inc.).
" Start-up and operation of pharmaceutical manufacturing facility
'k Managed 100,000 sq. ft. facility, including 20,000 sq. ft. cleanroom
" Responsible for $2.6MM facilities/engineering operating budget
" Developed brachytherapy manufacturing process
" Hired, trained and supervised manufacturing personnel
Vice Presiqent M Quality
MIC Group
,January 1991 -August 1998 (7 years 8 months)
Leading contract manufacturer of precision machined parts, electronic and electro
mechanical components and assemblies.
Vice President of Quality (1996 M 1998)
Sales Manager (1994-1996)
Quality Manager (1991-1994)
" Responsible for implementing and certification to ISO 9002 in 12 months
" Established company-wide performance measurement system
" Implemented cost savings program resulting in $500K savings
" Impmved margins by implementing job cost analysis program
" Initiated operator in-process inspection to improve quality and reduce costs
" Increased sales from $12.5MM to $22.7MM (1995-1997)
" Saved $105K in selling expenses
Town Council Page 83 of 148 Meeting Date: Monday, October 21, 2013
Assistant Program Manager
.M~rquardt
March 1987 -January 1991 (3 years 11 months)
Engineering, manufacturing and test company providing a variety of products for
defense and aerospace companies.
Assistant Program Manager
Industrial Engineering Specialist
.. Assistant Program Manager for $'16MM/155,OOOO sq. ft. manufacturing facility
construction
.. Major contributor for $321V1M defense contract (awarded 1988)
.. Managed automated equipment design, installation and start-up
* Planned facility layout for efficient production flows
Manufactllr111..Q Engineer
Kernlon Product~
August 1980 -March 1987 (6 years 8 months)
Manufacturer of electro-mechanical parts and assemblies used in hostile environments.
* Hesponsible for start-up and operations of laser and electron beam (EB) welding
department
* Designed, manufactured and tested custom laser/EB welded products
* Consulted with customers on laser/EB welding designs to improve manufacturability
and reduce costs
.. Designed welding fixtures and equipment modifications
.. Established profitable job shop to offset department operating costs
Town Council Page 84 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-641-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/5/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding an appeal to the tree mitigation requirements for Site
Plan SP-13-022, Lot 2R-1, Block B, Trophy Wood Business Center and Tree Board recommendation
regarding same. Applicant: David L. Crumpton
Attachments:Staff Report.pdf
Tree Preservation Plan.pdf
Landscape Plan.pdf
Aerial of Treed Site.pdf
Dr Crumpton Appeal Letter.pdf
Section 8 12 Appeals - Tree Ordinance.pdf
Action ByDate Action ResultVer.
Parks and Recreation Board10/8/2013 1
Consider and take appropriate action regarding an appeal to the tree mitigation requirementsfor Site Plan SP-13-022,Lot
2R-1, Block B, Trophy Wood Business Center and Tree Board recommendation regarding same. Applicant: David L.
Crumpton
Town Council Page 85 of 148 Meeting Date: Monday, October 21, 2013
SUBJECT: Consider and take appropriate action regarding an appeal
to the tree mitigation requirements for Site Plan SP-13-022,
Lot 2R-1, Block B, Trophy Wood Business Center.
Applicant: David L. Crumpton
APPLICANT: David L. Crumpton
300 Trophy Club Drive #300
Trophy Club, TX 76262
LOCATION: Trophy Branch Drive/Plaza Drive/State Highway 114
On September 3, 2013, the Town Council approved a site plan for Dr.
Crumpton’s building to be built on Lot 2R-1, Block B of Trophy Wood Business
Center which is located at State Highway 114 and Trophy Branch Drive. The
landscape plan (attached) submitted by Dr. Crumpton and approved by Council
included a tree mitigation requirement (see attached tree preservation plan) of
paying $51,600 into the tree fund for 344” of unmitigated tree removal.
Dr. Crumpton decided to appeal the tree mitigation requirement and provided a
letter (attached) to the Town Manager within the required 10 day appeal period.
The Tree Board heard the appeal on October 8, 2013, and after discussion with
Dr. Crumpton and staff, made the following motion:
Glenn Hurst made a motion recommending approval of a $20,000
reduction to the tree mitigation fee due from Dr. Crumpton. The
$20,000 reduction in fees is based on the 20-year history Dr.
Crumpton has with Trophy Club, granting a $1,000 per year
reduction for each year that Dr. Crumpton has been a business
owner in the community. David Abdulky seconded the motion.
TOWN COUNCIL
STAFF REPORT
October 21, 2013
Tree Board Appeal
Tree Mitigation
Dr. Crumpton
Trophy Wood Business Center
Town Council Page 86 of 148 Meeting Date: Monday, October 21, 2013
After further discussion among the Tree Board members, Mr. Hurst
amended his motion to allow Dr. Crumpton to pay out the reduced
fee of $31,600 over a four (4) year period. Mr. Abdulky seconded
the amendment.
Chairman Lentzner called for the vote, which was unanimous.
The Tree Board is forwarding its recommendation to the Town Council for final
decision as stated in the Town’s Code of Ordinances, Chapter 12-Subdivision
Rules & Regulations, Article VIII-Tree Preservation and Removal, Seccion 8.12-
Appeals, Subsection A:
“…The Town Council shall be the final authority for making a good
cause determination under this Section and shall make such
determination within thirty (30) days after the Tree Board has made
its recommendation. Economic hardship alone is not sufficient to
support a finding that good cause exists.”
ch
Attachments: Tree Preservation Plan
Landscape Plan
Aerial of Lot 2R-1 Showing Treed Site
Letter of Appeal from Dr. Crumpton
Section 8.12 “Appeals” from Code of Ordinances
Town Council Page 87 of 148 Meeting Date: Monday, October 21, 2013
Town Council
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Town Council Page 90 of 148 Meeting Date: Monday, October 21, 2013
September 12, 2013
DAVID CRUMPTON, D.D.S.
Advanced Technology ..[''^T^,.>.-bt^t^
Dear Mr. Slye,
First I want to thank the town for the ability to build, develop and keep my business in Trophy Club. My
goal with this project is to better my location and to bring in other services and business into our
community.
As a long time resident and business owner in the Town of Trophy Club my interests in keeping this
significant investment as highly aesthetic is just as paramount to me as well as to the city and current
residents.
I am requesting the ability to appeal the tree mitigation aspect of the development. The amount is having
an impact on the quality of the planned aesthetics of the project.
When selecting an area to place the project we found that sites were very limited. We began working with
the current owner on several of their lots. The owner had requirements as to which of those lots he wanted
developed with certain types of entities. The seller also limited the lots according to their ability to deliver
electrical service in a financially economical way leaving me with current lot site. Having a less than
adequate choice in lot selection and not an ideal lot shape has affected our building position, shape, and
design increasing our number of trees to be mitigated.
Due to the building classification of the business we are required an expanded parking lot area which is
where a large portion of the trees are to be removed. Our placement of the building is also effected by our
ingress/egress and fire lane requirements which are other factors affecting the amount of trees to be
mitigated. We tried to maintain as many trees as possible on the property. To help offset trees being lost
we have increased our size in tree diameter from the 3" required by code to 5".
Having the opportunity to appeal the mitigation and receive a reduced fee would allow me to maintain the
current aesthetic design that is being affected by the seller's requirements, the number parking spaces
required by code, ingress/egress, and fire lane requirements. Please consider the possibilities of reducing
the amount, maybe allowing us to only mitigate the trees over a certain inch diameter 12"-15", or the City
of Grapevine allows trees in the required parking and fire lanes to be withheld Irom being calculated in
the tree mitigation fee.
Thank you.
David Crumpton, D.D.S. P.A.
www.davidcrumptondds.com
dlcdds@airmail.net
(817)49]-3344
300 Trophy Club Dr., Ste. 300 • Trophy Club, TX 76262 • 817.491.3344 • 817.491.3350 Fax
Town Council Page 91 of 148 Meeting Date: Monday, October 21, 2013
Chapter 12 – Subdivision Rules & Regulations
Rev. 03/26/09
Section 8.12 Appeals
A. Appeals. Any person or entity affected by an action or determination taken under this Article may
appeal such action by filing a written notice of appeal to the Town Manager within ten (10) days of
his/her receipt of Town’s action or determination. Upon receipt of such appeal, the Town Manager
shall forward the appeal to the Tree Board for consideration and recommendation to Town Council.
The Tree Board shall hear appeals within thirty (30) days of receipt of the notice of appeal by the
Town Manager. The person requesting relief shall have the burden of demonstrating that good
cause exists for the Tree Board to recommend that the action or determination of the Town be
reversed or amended. The Tree Board shall forward its recommendation to the Town Council for
final decision. The Town Council shall be the final authority for making a good cause determination
under this Section and shall make such determination within thirty (30) days after the Tree Board
has made its recommendation. Economic hardship alone is not sufficient to support a finding that
good cause exists.
(Ord. No. 2006-20, § II, 7-10-06), (Ord. No 2006-40, § II, 10-2-06), (Ord. No. 2009-04, § II, 2-16-16
Repealed Article VIII)
Town Council Page 92 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-680-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/15/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding an Ordinance amending Section 8.01, "Municipal
Court” of Article VIII, “Schedule of Fees”, of Chapter 1, “Administration” of the Code of Ordinance of
the Town to add an administrative fee for cases processed through an order of deferred dispostion in
the Trophy Club Municipal Court; and providing an effective date.
Attachments:Staff Report Deferred Dispostion Fee.pdf
ORD 2013-40 Schedule of Fees - Municipal Court.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance amending Section 8.01, "Municipal Court” of Article VIII,
“Schedule of Fees”, of Chapter 1, “Administration” of the Code of Ordinance of the Town to add an administrative fee for
cases processed through an order of deferred dispostion in the Trophy Club Municipal Court; and providing an effective
date.
Town Council Page 93 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Stephen Seidel, Assistant Town Manager
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Deferred Disposition Administrative Fee
______________________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding an amendment to Section 8.01 “Municipal
Court” of Article VIII, “Schedule of Fees”, of Chapter 1, “Administration” of the Code of
Ordinance of the Town to add an administrative fee for processing deferred disposition cases;
and providing an effective date.
Explanation:
Under State law, a person who receives a Class C Misdemeanor citation may choose to take
care of that citation by simply paying a fine. If a fine is paid, the violation becomes a conviction
on the person’s driving record or criminal record. As an alternative, under certain
circumstances, a person may be eligible to participate in a deferred disposition program in
order to avoid a conviction being reported to the State and appearing on his driving record or
criminal record. Under a standard deferred disposition order, a Court agrees to dismiss a
citation if at the end of a specified period (up to 180 days) a person has not received any
additional citations, has paid a special expense fee, and in some cases has taken defensive
driving school, completed community service hours and/or alcohol or tobacco awareness
courses. The processing of a case in the deferred disposition program requires additional
steps for the Court staff and is therefore more labor intensive. The following is a summary of
the two processes:
The Town is authorized by the Code of Criminal Procedure to charge an administrative fee in
addition to the fine for the privilege of allowing a person to participate in a deferred disposition
program. The Town has surveyed five surrounding cities, and the cities of Roanoke, Grapevine,
and Southlake each impose a $25.00 administrative fee for persons receiving deferred
disposition for a citation. The cities of Colleyville and Westlake do not charge a fee. Based
upon the time spent and costs incurred by Court for the processing of deferred disposition
cases, Staff has determined that a $25.00 administrative fee is a reasonable fee that will defray
costs to the Town.
Town Council Page 94 of 148 Meeting Date: Monday, October 21, 2013
Below outlines the differences between a standard fine payment and the deferred disposition
program:
Standard Fine Payment:
Ticket entry – Defendant enters plea – Payment is processed with a portion going to the State
for Court Costs and portion deposited to a General Fund Account.
Deferred Disposition Program:
The ticket is entered into the system – Defendant enters plea – Payment is processed and the
portion due to the Town is placed into a Bond Account while the portion due to the State is
paid directly to the State – the case is placed in pending status – At expiration of deferral period
(up to 180 days), Clerk verifies that all conditions imposed by the Court have been met and
proper paperwork has been provided – If Defendant has complied with all requirements, the
case is dismissed and the money from the Bond Account is deposited in General Fund Account.
If the Defendant has failed to pay, failed to provide proper documentation or has violated any
condition of probation, the case is set back on a docket for a hearing before the Judge to allow
the Defendant an opportunity to “show cause” as to why he/she has not complied with the
order. Based upon the Judge’s finding after the “show cause” hearing, either the conviction is
reported to the State or the Judge allows the dismissal.
Attachments:
Ordinance amending the Town’s Schedule of Fees to add a $25.00 administrative fee for
Deferred Disposition.
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
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
Town Council Page 95 of 148 Meeting Date: Monday, October 21, 2013
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
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Recommendation:
Staff recommends the Town Council consider the adoption of a $25.00 fee to offset the
additional time and burden on Court staff required to process deferred disposition cases.
Town Council Page 96 of 148 Meeting Date: Monday, October 21, 2013
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2013-40
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 8.01 ENTITLED “MUNICIPAL COURT” OF
ARTICLE VIII, ENTITLED “SCHEDULE OF FEES”, OF CHAPTER 1,
ENTITLED “ADMINISTRATION” OF THE CODE OF ORDINANCES OF
THE TOWN, PROVIDING A SAVINGS AND REPEALER CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution; and
WHEREAS, Town Council has the authority via ordinance to establish
reasonable fees to cover the costs of services provided by the Town; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided, and the fees adopted hereby are reasonable and reflect
reimbursement for administrative costs incurred by the Town in providing various
services to the public; and
WHEREAS, state law authorizes a Municipal Court to approve an order of
deferred disposition for a person entering a plea of guilty or no contest to certain
identified Class C Misdemeanors, and under the deferred disposition, if during the
probationary period, the person who is granted deferred disposition meets all conditions
imposed by the Court, the case against that person is dismissed and is not reported as
to the State as a conviction; and
WHEREAS, the ability of a person to receive a deferred disposition is a privilege
and requires the Court to track paperwork and spend time and effort to ensure
compliance and dismissal that are not required when a person enters a plea and pays a
citation; and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.01
of Article VIII, Chapter 1, of the Code of Ordinances to add an administrative fee as
further specified herein serves the best interests of the Town; and
WHEREAS, having reviewed the proposed fee adjustment, the Town Council
finds that the proposed administrative fee for deferred disposition granted in the Trophy
Club Municipal Court is reasonable and necessary to pay the administrative costs
associated with providing that privilege to the public, and that the Town’s Schedule of
Fees should be amended to include such fee;
Town Council Page 97 of 148 Meeting Date: Monday, October 21, 2013
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Section 8.01 entitled “Municipal Court” of Article VIII entitled “Schedule of Fees”
of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town of Trophy
Club, Texas, is hereby amended to add the following administrative fee to be added to
Court costs charged to a person receiving deferred disposition in the Trophy Club
Municipal Court, and the remainder of the fees imposed under Section 8.01 shall remain
unaltered:
8.01
MUNICIPAL COURT
Deferred Disposition Administrative Fee $25.00
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal
any of the provisions of such Ordinances, whether such Ordinances are codified or
uncodified, except for those instances where there are direct conflicts with the
provisions of this Ordinance and where such other Ordinance(s) do not specifically state
that fees contained therein take precedence. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has
arisen under or pursuant to any such Ordinance on the date of adoption of this
Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
Town Council Page 98 of 148 Meeting Date: Monday, October 21, 2013
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Fees and Effective Date of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication in accordance
with the law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 21st day of October, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 99 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-682-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/15/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding Ordinance 2006-38 codified in Article II, "Traffic &
Vehicles" of Chapter 10 "Public Safety" of the Code of Ordinances of the Town and prohibiting parking
of a vehicle, trailer, or boat along the south side of the entire length of Summit Cove Drive.
Attachments:Staff Report Summit Cove.pdf
Map of Summit Cove.pdf
Codification of Ordinances, Chapter 10 - Public Safety, Section 2.05 - Parking.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Ordinance 2006-38 codified in Article II, "Traffic & Vehicles" of Chapter 10
"Public Safety" of the Code of Ordinances of the Town and prohibiting parking of a vehicle, trailer, or boat along the south
side of the entire length of Summit Cove Drive.
Town Council Page 100 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: Ed Helton, Street Services Director
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Town Council Meeting, October 21, 2013
______________________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding Ordinance 2006-38 prohibiting any person to
leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or
boat along the south side of the entire length of Summit Cove Drive.
Explanation:
After receiving numerous complaints from a resident on Summit Cove regarding violations of
the no parking ordinance on Summit Cove Police Chief, G. Scott Kniffen, requested the curbs on
Summit Cove be painted. Responding officers stated that enforcement is difficult with the
signage that was in place. After discussion and noting that there are other residential streets in
Town where the curbs are painted red for no parking, we moved forward with painting the
curbs on Summit Cove.
Attachments:
Map of Summit Cove
Codification of Ordinances, Chapter 10, Section 2.05
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Town Council Page 101 of 148 Meeting Date: Monday, October 21, 2013
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
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Recommendation:
Staff recommends that the no parking ordinance on Summit Cove remain in effect and the
curbs remain painted. After meeting with Police Chief, G. Scott Kniffen and Fire Chief, Danny
Thomas, this was deemed a Public Safety issue.
Town Council Page 102 of 148 Meeting Date: Monday, October 21, 2013
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Chapter 10 – Public Safety
Section 2.05 Parking
A. Definitions: For purposes of this Section 2.05, the terms below shall mean as follows:
Approved Paved Surface: A surface on which off street parking is permitted as authorized by and
set forth in the Town Comprehensive Zoning Ordinance and other applicable Codes of the Town.
Recreational Vehicle: Self-propelled living quarters equipped or used for sleeping and eating which
may be moved from one location to another over a public street.
“Stand’ or “Park: The halting of a vehicle, whether occupied or not, otherwise than temporarily for
the purpose of and while actually engaged in receiving or discharging passengers.
B. Parking of Vehicles Prohibited
1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor
home, recreational vehicle, trailer or boat upon the following portions of the specified public
streets located within the Town:
a. Indian Creek Drive between its intersection with Trophy Club Drive and Heritage Court;
b. Along the south bound and west bound lanes of Indian Creek Drive between Timberline
Drive and Hillcrest Court and the north bound and east bound lanes of Indian Creek
between Heritage Court and Timberline Court;
c. Trophy Club Drive between its intersection with State Highway 114 and Avenue Twenty;
provided, however, that there shall be excluded from this portion of the public street that
area which lies between median number two and median number three along Trophy
Club Drive and adjacent to the Town information/map sign (the said area being located
approximately one-fourth (¼) mile from the intersection of Trophy Club Drive and State
Highway 114), and which area is designated and marked by striping or otherwise as a
parking area where vehicles may park, stop or stand for no more than five (5) minutes for
the purpose of reviewing the said information/map sign;
d. Trophy Lake Drive;
e. Along the south side of the entire length of Fairway Village Drive; and
f. Along the south side of the entire length of Summit Cove Drive.
g. Along the East Side of Parkview Drive from Durango Drive to Marshall Creek Road
between the hours of 7:00 A.M. and 9:00 A.M. and between the hours of 2:30 P.M. and
4:30 P.M. on school days;
h. Between 22 and 42 West Hillside Place.
i. On a sidewalk;
j. In front of a public or private driveway;
k. Within an intersection;
l. On a crosswalk;
Town Council Page 104 of 148 Meeting Date: Monday, October 21, 2013
Chapter 10 – Public Safety
m. Within twenty (20) feet of a crosswalk at an intersection;
n. Within fifteen (15) feet of a fire hydrant; or,
o. Where signs are erected or curbs are painted indicating that such is not allowed.
(*Subsection (B)(1)(a)-(o) Amended by Ord. No. 2006-38, § II, 9-18-06)
C. Parking on Unapproved Surfaces
1. A person commits an offense if he stops, stands or parks a motor vehicle on a lot, unless the
vehicle is on an approved paved surface.
2. It shall be unlawful to park a motor vehicle within twenty feet (20’) of the marked crosswalks at
the following locations.
a. 500 Parkview Drive
b. 100 Village Trail west of Alamosa
(*Section (C)(1)(2)(a)(b) Amended by Ord. No. 2006-23, § II, 7-24-06)
D. Exception for Emergency Vehicles
All emergency vehicles shall be exempt from the restrictions as set forth in subsection (B) and (C)
hereof. Emergency vehicles shall include ambulances, fire trucks and equipment, police vehicles
and all governmental vehicles used for necessary governmental purposes.
E. Overnight Parking
1. Prohibition
It shall be unlawful for any person to stand or park any motor vehicle, trailer, mobile home,
motor home or boat along or upon any public highway, street, alley or other public right-of-way
located within the Town between the hours of 3:00 a.m. and 5:00 a.m. each day. This
prohibition shall not be applicable to any motor vehicle which is being used for emergency
purposes, to the operation of any motor vehicle being used by a utility company for repair
purposes, or to any governmental vehicle being used for necessary governmental purposes.
2. Authority To Park With Permit; Out of Town Guests
Town Council Page 105 of 148 Meeting Date: Monday, October 21, 2013
Chapter 10 – Public Safety
Any person who desires to stand or park a vehicle upon a public highway, street, alley or other
public right-of-way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit
authorizing the same from the Permit Department, provided there are three (3) or more
vehicles in the household of the person requesting the permit. One permit shall be issued for
each vehicle for which a permit is requested, which permit shall be permanently affixed to the
left side of the back (rear) window so that it is plainly visible to a person standing outside of the
vehicle, or if there is no back (rear) window, in a place where the said permit is plainly visible.
A permit shall be issued to an individual vehicle owner and therefore shall not be transferable
to a third party. A permit holder who shows proof of the transfer of ownership of a permitted
vehicle may transfer the permit on that vehicle to a newly acquired vehicle for a transfer fee of
ten dollars ($10.00); provided however, that such transfer of permit shall not extend the term of
the permit. The annual renewal fee, is ten dollars ($10.00) per vehicle permit. At the time of
sale or transfer of the vehicle, such permit shall be void. A fee of one hundred fifty dollars
($150.00) per vehicle shall be charged for the issuance of a permit for the third household
vehicle. A fee of fifty ($50.00) shall be charged for the issuance of a permit for the fourth
vehicle.
It shall not be a violation of this Ordinance for a nonresident of the Town, while visiting a
resident of the Town, to park or stand a vehicle owned or controlled by the non-resident on a
public street, highway or other public right-of-way between the hours of 3:00 a.m. and 5:00
a.m., provided that notice of such parking or standing is given to the Chief of Police or
designee by no later than 5:00 p.m. of the immediately previous day. Such parking or standing
shall not exceed seven (7) consecutive days nor a total of fourteen (14) days in any one
calendar month.
Any vehicle parked as permitted by this section shall be parked directly in front of the residence
being visited in such a manner as not to obstruct access to the private driveways of
neighboring residents.
F. Presumption
It is presumed that the registered owner of an unattended or unoccupied vehicle parked, stopped or
standing in violation of this Article illegally parked such vehicle. The records of the State Highway
Department or the County Highway License Department showing the name of the person to whom
the State highway license was issued is prima facie evidence of ownership by the named individual.
G. Parking For Handicapped Persons
1. The Town of Trophy Club or any private property owner within the Town, who voluntarily
designates a parking space or area specifically for a person who is disabled by reason of
mobility problems that substantially impairs the person’s ability to ambulate or who is legally
blind, must post a sign that conforms to the design established and approved by the State
Department of Highways and Public Transportation and the space or spaces provided must
conform to the width requirements set by the Department.
Town Council Page 106 of 148 Meeting Date: Monday, October 21, 2013
Chapter 10 – Public Safety
2. Any vehicle displaying a symbol, table, or other device authorized by the State Department of
Highways and Public Transportation and issued to the operator thereof for use in transporting a
disabled person, when operated by or for the transportation of such disabled person, shall be
allowed to park for unlimited periods in any parking space or parking area designated
specifically for the physically handicapped. Such vehicle, being properly marked as provided
by such statute, is exempt from the payment of fees or penalties imposed by any Code of the
City for parking at a meter or in a space with a limitation on the length of time for parking,
unless the vehicle was not parked at the time by or for the transportation of a disabled person.
This exemption does not apply to fees or penalties imposed by a branch of the Unites States
Government. This section does not permit parking a vehicle at a place or time that parking is
prohibited.
3. A person commits an offense if the person is neither temporarily or permanently disabled nor
transporting a temporarily or permanently disabled person and parks a vehicle with such
special device or displaying a temporarily disabled person identification card in any parking
space or parking area designated specifically for the disabled. A person commits an offense if
the person parks a vehicle neither displaying the special device nor displaying a temporarily
disabled person identification card in a parking space or parking area designated specifically
for the disabled. An offense under this section is punishable by a fine of not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).
H. Parking Prohibited in Specific Places
Except where necessary to avoid conflict with other traffic, or in compliance with law or the direction
of a police officer or official traffic control device, no person shall stop, stand or park a vehicle:
1. Between a safety zone or fire lane and the adjacent curb or within thirty feet (30’) of points on
the curb immediately opposite the ends of a safety zone, unless a different length is indicated
by signs or markings.
2. Adjacent to a fire hydrant within ten feet (10’) of points on the curb directly adjacent to a fire
hydrant, unless a different length is indicated by signs or markings.
(Ord. No. 2005-26, § VI, 10-3-05, Amended by Ord. No. 2006-09, § VI, 5-1-06), (*Section (C)(1)(2)(a)(b)
Amended by Ord. No. 2006-23, § II, 7-24-06)
Code of Ordinances Cross Reference: (Parking Permit Fees) Chapter 1, § 8.11;
Town Council Page 107 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-683-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/15/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding Resolution No. 2013-30 amending Resolution No.
2013-22 appointing Town Council Liaison and residents to serve on various Town Boards,
Commissions, and Corporations in order to appoint residents to fill vacant seats on the Citizens
Financial Advisory Board and the Zoning Board of Adjustment; and providing an effective date.
Attachments:RES 2013-30 amending RES 2013-22 Annual Appointments.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Resolution No. 2013-30 amending Resolution No. 2013-22 appointing
Town Council Liaison and residents to serve on various Town Boards, Commissions, and Corporations in order to
appoint residents to fill vacant seats on the Citizens Financial Advisory Board and the Zoning Board of Adjustment; and
providing an effective date.
Town Council Page 108 of 148 Meeting Date: Monday, October 21, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2013-22
APPOINTING TOWN COUNCIL LIAISONS AND APPOINTING
CITIZENS TO BOARDS AND COMMISSIONS; PROVIDING FOR THE
APPOINTMENT OF CITIZEN VOLUNTEERS TO SERVE ON THE
CITIZENS FINANCIAL ADVISORY BOARD AND THE ZONING BOARD
OF ADJUSTMENT; AND DESIGNATING TERMS OF SERVICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards and Commissions serving the Town whose terms
are expiring and to replace members who have resigned; and
WHEREAS, on September 23, 2013, the Town Council adopted Resolution No.
2013-22 appointing residents to serve on various Town Board, Commission and
Corporations, but some vacancies remained; and
WHEREAS, since the adoption of Resolution No. 2013-22, the Town has
obtained additional volunteers and desires to make appointments as set forth herein;
and
WHEREAS, by passage of this Resolution, the Town Council hereby amends
Resolution No. 2013-22 as set forth herein and reaffirms current appointments as
specifically provided below:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals are incorporated herein as if written word
for word.
Section 2. That the Town Council hereby amends Resolution No. 2013-22 to
appoint and reaffirm as applicable, the following individuals to serve on Boards,
Commissions and Corporations with respective terms of service ending on September
30 of the year specified below for each individual:
Citizen Financial Advisory Board
1. Mike Buck (2016) 4. Neil Justice (2014)
2. Vacant (2016) 5. Kathy Carlton (2015)
3. Jim Hase (2014)
Town Council Page 109 of 148 Meeting Date: Monday, October 21, 2013
Parks and Recreation Board
1. Larry Lentzner (2014) 4. David Abdulky (2015) 8. Jim Hanna (2016)
2. Chris McCollister (2014) 5. Patrick Arata (2015) 9. Louis Hocker (2016)
3. Glenn Hurst (2014) 6. Hayley Little (2015) 10. Tom Mills (2016)
7. Kathy Trotter (2015)
11. Dean Murray (2016)
Jay Basantrumar (Appointment to replace Larry Lentzner effective October 9, 2013
and expiring September 30, 2014)
Clint Schroeder (Council Liaison)
Zoning Board of Adjustment
1. Elisabeth Kaylor (2014) 4. Joe Hennig (2015)
2. Bob Radder (2014) 5. Lou Opipare (2015)
3. Patia Boomsma (2015)
Alt. Vacant (2014) Alt. Vacant (2015)
Alt. Vacant (2015) Alt. Vacant (2015)
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 21st day of October, 2013
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 110 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-684-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/15/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding Resolution No. 2013-29 amending Resolution No.
2013-16 creating a Blue Ribbon Panel to study the current governmental structure within the Town by
amending Section 5 relative to the meetings of Panel subcommittees; and providing an effective date.
Attachments:Res No 2013-29 Amending Res No 2013-16 Blue Ribbon Panel - Subcommittee meetings.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Resolution No. 2013-29 amending Resolution No. 2013-16 creating a
Blue Ribbon Panel to study the current governmental structure within the Town by amending Section 5 relative to the
meetings of Panel subcommittees; and providing an effective date.
Town Council Page 111 of 148 Meeting Date: Monday, October 21, 2013
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2013-29
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS AMENDING RESOLUTION NO. 2013-16
CREATING A BLUE RIBBON PANEL FORMED FOR THE PURPOSE
OF STUDYING THE CURRENT GOVERNMENTAL STRUCTURE
WITHIN THE TOWN OF TROPHY CLUB AND PROVIDING
RECOMMENDATIONS TO THE TOWN COUNCIL; PROVIDING FOR AN
AMENDMENT TO SECTION 5 OF RESOLUTION NO. 2013-16; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town is empowered under §51.001 of the Texas Local
Government Code to adopt a resolution that is for the good government of the Town;
and
WHEREAS, on September 3, 2013, the Town Council adopted Resolution No.
2013-16 creating the Blue Ribbon Panel as an ad hoc committee to study the current
governmental structure of the Town of Trophy Club and to make recommendations to
the Town Council; and
WHEREAS, the Blue Ribbon Panel has met and has determined it appropriate to
form two subcommittees to assist with its analysis; and
WHEREAS, the Blue Ribbon subcommittees are both comprised of a number of
members less than a quorum of the body, and therefore, are not technically required to
comply with the Texas Open Meetings Act for meetings of the subcommittees; and
WHEREAS, the intent of the Town Council in requiring that subcommittees
comply with the Texas Open Meetings Act was to comply with the law as required by
the Act and to ensure that all meetings of the Panel and Panel Subcommittees were
open to the public; and
WHEREAS, the Town Council has determined it appropriate to amend
Resolution No. 2013-16 to allow Subcommittees of the Blue Ribbon Panel comprised of
less than a quorum of the Panel to hold meetings that will be open to the public so that
citizens may attend the meetings, but to suspend the technical posting requirements
that apply to meetings of a quorum of a governmental body under state law.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The foregoing recitals are found to be true and correct and are
incorporated herein as if written word for word.
Town Council Page 112 of 148 Meeting Date: Monday, October 21, 2013
Section 2. Section 5 of Resolution No. 2013-16 is amended to be and read in
its entirety as follows and all other Sections of Resolution No. 2013-16 shall remain in
effect:
Section 5. All meetings of the Panel, including meetings of any
subcommittee which is comprised of a quorum of the Panel’s
membership, shall be open to the public and shall be held in
accordance with the Texas Open Meetings Act.
Meetings of a subcommittee of the Blue Ribbon Panel where the
number of subcommittee members serving is less than a quorum of
the Panel’s membership shall be open to the public and shall comply
with the requirements of this paragraph. Such meetings may be held
without complying with the technical notice and posting requirements
that apply to meetings of a quorum of a governmental body under the
Texas Open Meetings Act; however, notice shall be posted to advise
the public of the date, time, and location of any and all Blue Ribbon
Panel Subcommittee meetings at least twenty-four hours prior to the
Subcommittee meeting.
Section 3. This Resolution shall take effect from and after its date of passage
in accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 21st day of September, 2013.
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Town Council Page 113 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-685-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/15/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding an online message board for use by the Town Council
to discuss public business electronically, as allowed by Senate Bill 1297.
Attachments:Staff Report Online Message Board.pdf
Quote-Trophy Club Online Message Board Development.pdf
Draft-Screen Shot of Sample Topics Web Page.pdf
Draft-Screen Shot of Sample Topic with Subsequent Comments Web Page.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an online message board for use by the Town Council to discuss public
business electronically, as allowed by Senate Bill 1297.
Town Council Page 114 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: April Reiling, Public Information Officer (PIO) and Marketing Manager
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Town Council Meeting – Monday, October 21, 2013
______________________________________________________________________________
Agenda Item:
Consider and take appropriate action regarding an online message board for use by the Town
Council to discuss public business electronically, as allowed by Senate Bill 1297.
Explanation:
Recent legislation has attempted to allow some discussion amongst members of a
governmental body outside of an open meeting using the Internet. Senate Bill 1297, a bill that
passed during the Eighty-Third Legislative Session, adds a provision to the Texas Open Meetings
Act that is effective September 1, 2013. This provision provides that communication between
council members about public business or public policy over which the council has supervision
or control does not constitute a meeting if certain conditions are met. The communication must
be:
1. in writing;
2. posted to an online message board that is viewable and searchable by the public; and
3. displayed in real time and displayed on the message board for no less than 30 days after
the communication is first posted.
A city is prohibited from having more than one online message board used for these purposes.
Additionally:
o The online message board must be prominently displayed on the city’s primary website
and no more than one click away from the city’s website.
o The message board may only be used by city council members or city employees that have
received authorization from the council.
o If a city employee posts on the message board, the employee must include his or her name
and title with the communication.
o The council may not vote or take action by posting on the city’s online message board, and
if the city removes a posted message, the city must retain the posting for six years.
Town Council Page 115 of 148 Meeting Date: Monday, October 21, 2013
The explanation above was taken from the Texas Municipal League (TML) Legislative Update
Index: http://www.tml.org/legis_updates/online-message-board-discussions
Attachments:
Draft – Screen Shot of Sample Topics Web Page
Draft – Screen Shot of Sample Topic with Subsequent Comments Web Page
Quote – Trophy Club Online Message Board Development
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
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
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 116 of 148 Meeting Date: Monday, October 21, 2013
Recommendation:
Management staff recommends Council consider the breadth of the potential online message
board in regards to timeliness, scope, cost, public perception and appropriate use.
Although an online message board for Council discussion may be valuable, now may not be the
appropriate time to deploy the online forum.
Town Council Page 117 of 148 Meeting Date: Monday, October 21, 2013
paul schiefer photography Town of Trophy Club //
PROPOSAL
2641 Irving Boulevard Date: 15 October 2013
dallas, texas 75207
214.689.0303
To: April Reiling; Town of Trophy Club
From: Paul Schiefer
Project: Trophy Club Web Programing
Proposal for developing a Council member discussion board.
• Create a message board system where authorized users can log in and create discussion
topics and add messages to a topic. The messages are viewable by the public, displayed
chronologically by topic. Topics may be displayed by last updated date or by tag.
Topics not updated in a certain number of days won’t be displayed to the public, but
will remain in the database.
• Include search, email, and print functionality.
• Create a component giving web site administrators access to the database tables for
editing and deleting topics/messages.
Programing and implementation $2,380.00
Client Approval:_______________________________________ Date:________
Conditions: This is an estimate based on information received prior to Submission. Final price may vary, changes
made by the client after receipt of the estimate may also affect final price. Estimate is valid for 60 days.
State Sales Tax: Applicable State Sales Tax will be applied at time of final invoicing
Town Council Page 118 of 148 Meeting Date: Monday, October 21, 2013
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Legislation Details (With Text)
File #: Version:12013-660-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding the First Modification to the Contract for Water and
Wastewater Operational Services between the Town and Trophy Club Municipal Utility District No. 1
(MUD1) in order to Revise Section 5 of the Agreement to reflect changes in customer billing
procedures and to revise party references to reflect the consolidation of MUD1 and Trophy Club
Municipal Utility District No. 2; and providing an effective date.
Attachments:Current PID Operations Contract Excerpt.pdf
PID OperationsContract-1st Modification-101513.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the First Modification to the Contract for Water and Wastewater
Operational Services between the Town and Trophy Club Municipal Utility District No. 1 (MUD1) in order to Revise
Section 5 of the Agreement to reflect changes in customer billing procedures and to revise party references to reflect the
consolidation of MUD1 and Trophy Club Municipal Utility District No. 2; and providing an effective date.
Town Council Page 121 of 148 Meeting Date: Monday, October 21, 2013
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Page 1 of 4
FIRST MODIFICATION TO
CONTRACT FOR WATER AND WASTEWATER OPERATIONAL SERVICES
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS,
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
This First Modification of the Contract for Water and Wastewater
Operations Services (“”First Modification”) is entered into between THE TOWN
OF TROPHY CLUB, TEXAS, a home rule municipality located in Denton and
Tarrant Counties (hereinafter “Town”) and TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1 (hereinafter “MUD1”),a Special District created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter
54.
WHEREAS, the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, et seq., as amended (the “Act”) provides authority for governmental
entities of the State of Texas to enter into Interlocal Agreements with each other
regarding governmental functions and services as set forth in the Act; and
WHEREAS, The Town of Trophy Club (the “Town”), Trophy Club
Municipal Utility District No 1 (hereinafter “MUD1”), and Trophy Club Municipal
Utility District No. 2 (“MUD2”) previously entered into a contract for water and
wastewater operational services on November 12, 2007 entitled Contract for
Water and Wastewater Operational Services between the Town of Trophy Club,
Texas, Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal
Utility District No. 2 (the "Contract") wherein MUD1 and MUD2 were collectively
referred to as “MUDs” ; and
WHEREAS, subsequent to the execution of the Contract, MUD1 and
MUD2 consolidated into one municipal utility district which is currently identified
as “Trophy Club Municipal Utility District No. 1” with MUD1 assuming all rights
and obligations formerly designated to MUD1 and MUDs under the Contract; and
WHEREAS, Article 5 of the Contract sets forth the procedure for billing
and collections by MUD1 for Town Customers; and
WHEREAS, new technologies for billing and collections and for customer
payments have been implemented that render the methods of the Contract time-
consuming and places undo demands on staff of both the Town and MUD1; and
WHEREAS, the parties have determined it appropriate to enter into this
First Modification in order to adopt new and more efficient procedures for billing
of customers; and
WHEREAS, this First Modification shall become effective November 1,
2013 and shall amend only those sections specifically set forth below, with the
Town Council Page 124 of 148 Meeting Date: Monday, October 21, 2013
Page 2 of 4
remainder of the terms and provisions of the Contract remaining in effect as
originally stated in the Contract.
NOW, THEREFORE, in consideration of the foregoing, Town and MUD1
agree to amend the Contract as follows:
I.
Incorporation of Agreement
The Contract is incorporated herein as if written word for word. Except as
expressly provided below, all other terms and conditions of the Contract shall
remain unchanged and shall remain in full force and effect. In the event of any
conflict or inconsistency between the provisions set forth in this First Modification
and the Contract, priority of interpretation shall be in the following order: First
Modification; Contract.
II.
Modification of Agreement
2.01 Party References Revised. Effective as of November 1, 2013, all
references in the Contract to MUD1, MUD2 and or MUDs shall mean MUD1.
2.02 Section 5 Revised. Effective as of November 1, 2013, Section 5 of the
Agreement entitled “Rate Orders and Services to Town Customers” is hereby
modified so that subsection 5.4 through subsection 5.8 shall be and read in their
entirety as follows and all other subsections of Section 5 shall remain unaltered:
5.4 Billing of Town Customers. MUD1 shall read the individual meters of Town
Customers on a monthly basis during the term of this Contract. Based on such
meter readings, MUD1 shall send statements to Town Customers in accordance
with the then-current Town Rate Order. MUD1 shall collect payments from Town
Customers through all means available for MUD1 customers including online
payments, credit card payments, check, cash, and money order/cashier’s check.
5.5 Payment and Collections. Each month, MUD1 shall prepare and deliver a
monthly bill to all Town Customers. Town Customers be shall responsible for
remitting payments directly to MUD1, and the payments shall be directly
deposited into MUD1 bank accounts. MUD1 shall bill and collect from Town
Customers in the same manner of billing and collections for MUD1 customers
and shall keep one hundred percent of all collections as payment for operational
services provided herein under the terms of this Contract.
5.6 Town Customer Account Deposits. MUD1 shall collect a customer
account deposit on all Town Customer accounts. The deposits shall be held by
MUD1 and shall be applied to Town Customer accounts in the same manner as
those collected and maintained for MUD1 customer accounts. MUD1 shall not
Town Council Page 125 of 148 Meeting Date: Monday, October 21, 2013
Page 3 of 4
pay interest either directly to the Town or to any Town Customer for customer
account deposits collected from Town Customers.
5.7 Late Charges and Interest on Late Payments Any and all late charges,
penalties, interest, and other fees for collections associated with late payments
shall be the property of MUD1 and shall be collected in the same manner as for
MUD1 customers.
5.8 Water Emergency. Under Town’s ordinance(s), MUD1 may declare a "water
emergency period" if any condition or event occurs that interrupts the production,
treatment, or transportation of Water in the Water System and may impose
conditions on consumption or use of Water. If MUD1 declares a "water
emergency period" and imposes conditions on water consumption for its
customers in the existing MUD1 boundaries under the then-current ordinance,
Town agrees, upon timely notification by MUD1 to impose and enforce restrictive
conditions of consumption on Town Customers. Such restrictive conditions shall
be equivalent to those imposed upon MUD1 and/or theMUD1’s customers
pursuant to the Fort Worth Water Contract. Where it has become necessary to
adopt a drought contingency plan, MUD1 shall not apply their drought
contingency plan to Town’s Customers in a manner that is more stringent than
MUD1’s application of its drought contingency plan on residential customers
within MUD1 boundaries.
ADOPTED, PASSED AND APPROVED by the Town Council, by a vote of
____ members voting “for” and ____ members voting “against” and with ____
absentees, on this the _____ day of _________________________, 2013.
TOWN OF TROPHY CLUB, TEXAS
By:
Connie White, Mayor
ATTEST:
Tammy Ard, Town Secretary
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, Town Attorney
Town Council Page 126 of 148 Meeting Date: Monday, October 21, 2013
Page 4 of 4
ADOPTED, PASSED AND APPROVED by the Trophy Club Municipal
Utility District No. 1 Board of Directors, by a vote of ____ members voting “for”
and ____ members voting “against” and with ____ absentees, on this the 15th
day of October, 2013.
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
Jim Moss, President
ATTEST:
By:
Kevin R. Carr, Secretary
Town Council Page 127 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-661-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Review and provide direction regarding proposed Town of Trophy Club logo concepts.
Attachments:Staff Report TC Logo.pdf
Action ByDate Action ResultVer.
Review and provide direction regarding proposed Town of Trophy Club logo concepts.
Town Council Page 128 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
To: Mayor and Town Council
From: April Reiling, Public Information Officer (PIO) and Marketing Manager
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Town Council Meeting, Monday, October 21, 2013
______________________________________________________________________________
Agenda Item:
Review and provide direction regarding proposed Town of Trophy Club logo concepts.
Explanation:
Staff has been working on developing logo concepts and is seeking direction from the Town
Council. Various concepts will be presented at the dais for Council discussion and feedback.
Attachments:
None
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Town Council Page 129 of 148 Meeting Date: Monday, October 21, 2013
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
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Recommendation:
Staff is seeking a discussion and subsequent feedback regarding the direction for the future
Town of Trophy Club logo design.
Town Council Page 130 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-663-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding financial and variance report dated September 2013.
Attachments:September 2013 Financial Report.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding financial and variance report dated September 2013.
Town Council Page 131 of 148 Meeting Date: Monday, October 21, 2013
10/14/2013 11:59:34 AM Page 1 of 2
Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: 2012-2013 Period Ending: 09/30/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategor…
Current
Total Budget
Original
Total Budget
Percent
Used
Fund: 01 - GENERAL FUND
Revenue
40 - Taxes 4,763,415.0264,353.834,769,706.00 4,769,706.00 -6,290.98 -99.87 %
41 - Licenses & Permits 1,605,549.4483,247.381,545,839.00 1,545,839.00 59,710.44 -103.86 %
42 - Intergovernmental 182,183.480.00163,643.00 163,643.00 18,540.48 -111.33 %
43 - Fines & Fees 579,546.1012,210.27497,335.00 497,335.00 82,211.10 -116.53 %
44 - Charges for Services 235,594.0718,299.69213,736.00 213,736.00 21,858.07 -110.23 %
45 - Rents 57,116.065,890.0059,500.00 59,500.00 -2,383.94 -95.99 %
46 - Contributions and Donations 500.000.000.00 0.00 500.00 0.00 %
47 - Investment Income 4,221.5962.784,000.00 4,000.00 221.59 -105.54 %
48 - Sales -0.110.005,000.00 5,000.00 -5,000.11 0.00 %
49 - Other Financing Sources 12,300.006,150.0012,300.00 12,300.00 0.00 -100.00 %
51 - Miscellaneous 140,718.111,224.1533,000.00 33,000.00 107,718.11 -426.42 %
7,581,143.76191,438.107,304,059.00 7,304,059.00 277,084.76Total Revenue:-103.79 %
7,581,143.76191,438.107,304,059.00 7,304,059.00 277,084.76Total Fund: 01 - GENERAL FUND:-103.79 %
Report Total:191,438.10 7,581,143.767,304,059.00 7,304,059.00 277,084.76 -103.79 %
Town Council Page 132 of 148 Meeting Date: Monday, October 21, 2013
10/14/2013 11:47:40 AM Page 1 of 2
Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: 2012-2013 Period Ending: 09/30/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityDepartmen…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 01 - GENERAL FUND
Expense
000 - General 738,283.600.000.00 783,284.00 45,000.40 5.75 %
140 - Manager's Office 697,042.3369,756.23691,823.00 691,823.00 -5,219.33 -0.75 %
160 - Legal 167,713.6314,941.30168,638.00 168,638.00 924.37 0.55 %
251 - Police 1,973,566.09191,161.951,811,015.00 1,791,015.00 -182,551.09 -10.19 %
255 - EMS 804,784.4188,220.26810,620.00 810,620.00 5,835.59 0.72 %
360 - Streets 774,762.4570,193.95788,409.00 808,409.00 33,646.55 4.16 %
400 - Parks 891,471.55105,299.47936,634.00 936,634.00 45,162.45 4.82 %
450 - Recreation 498,430.0236,657.36561,851.00 561,851.00 63,420.98 11.29 %
460 - Community Events 46,839.063,415.2649,700.00 49,700.00 2,860.94 5.76 %
521 - Planning and Zoning 246,845.0532,001.91164,620.00 164,620.00 -82,225.05 -49.95 %
522 - Community Development 317,674.1030,249.81333,028.00 333,028.00 15,353.90 4.61 %
611 - Finance 362,391.6637,052.25368,303.00 368,303.00 5,911.34 1.61 %
615 - Municipal Court 63,676.687,887.6683,946.00 83,946.00 20,269.32 24.15 %
630 - Human Resources 102,288.206,880.05113,906.00 113,906.00 11,617.80 10.20 %
640 - Information Services 350,422.4540,445.04348,141.00 348,141.00 -2,281.45 -0.66 %
710 - Facilities Management 73,540.462,779.2972,961.00 72,961.00 -579.46 -0.79 %
8,109,731.74736,941.797,303,595.00 8,086,879.00 -22,852.74Total Expense:-0.28 %
8,109,731.74736,941.797,303,595.00 8,086,879.00 -22,852.74Total Fund: 01 - GENERAL FUND:-0.28 %
Report Total:736,941.79 8,109,731.747,303,595.00 8,086,879.00 -22,852.74 -0.28 %
Town Council Page 133 of 148 Meeting Date: Monday, October 21, 2013
GENERAL FUND
September 2013
12/12 Months (100% of Fiscal Year)
REVENUES Property Taxes – Property taxes are billed in October and due by January 31. Most payments are
received in December and January before they become delinquent on February 1st. During the
fiscal year, the Denton Central Appraisal District (DCAD) makes supplemental assessments.
Those assessments are billed by Denton County. Current collections to date are 100.3% (includes
current, delinquent, and penalties and interest).
Sales Tax – As shown below, the Town’s total current sales tax collections exceeds the prior
year’s sales tax collections by $29,577 (2.52 %). Sales Tax Revenues, however, are at 96.1% of
the budgeted amount.
Year to Date Sales Tax Collections
Increase (Decrease) FY 2012 FY 2013
Total $ 1,173,988 $ 1,203,565 $ 29,577
Below is a chart comparing sales tax collections for the prior and current years by month. The
amounts illustrated represent total sales tax collections which include portions for the general fund
(50%), EDC 4A (12.5%) and 4B (25%), and the street maintenance fund (12.5%). (Additional
Note: September collections are for July sales.)
Citizens approved dissolving the EDC-4A and creating a Crime Control and Prevention District in
the May 2013 election. The change will be effective beginning in FY14.
$-
$20,000.00
$40,000.00
$60,000.00
$80,000.00
$100,000.00
$120,000.00
$140,000.00
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Sales Tax Collections
FY 2012
FY 2013
Town Council Page 134 of 148 Meeting Date: Monday, October 21, 2013
Franchise Fees – Franchise Fee revenue for the year totals $649,712 (96.1% of the budgeted
amount).
Licenses & Permits – Licenses and Permits revenue for the year totals $954,692 (109.7% of the
budgeted amount).
Intergovernmental – Represents amounts to be received from the Municipal Utility District and
EDC 4B.
Fines and Fees – Developer agreements include charges (fees) to cover the cost of inspection
associated with project infrastructure. As of September 30, 2013 collections for developer fees total
$214,019 (237.8% of the budgeted amount). Several fees related to recreation fall within this
category and are seasonal. EMS transport revenues are lower than anticipated at this time of year.
Other Financing Sources – Represents quarterly transfers to be received from Trophy Club Park
(next transfers are scheduled for September 2013).
Miscellaneous Revenue – Includes the insurance payment received for expenses related to the
police building.
EXPENDITURES
Manager’s Office – Election expenditures exceeded the budgeted amount due to increased
election publications and a special election.
Police – Building maintenance expenditures exceeded the budgeted amount mostly due to
building renovations, which are partly offset by an insurance reimbursement.
Planning & Zoning – Engineering expenditures exceeded the budget due to unanticipated
expenses related to PD 30, Trophy Wood Business Park, and Lakeview Elementary. NISD has
agreed to reimburse the Town partially for review expenses related to Lakeview Elementary.
Facilities Management – Building maintenance expenditures exceeded the budget due to the
unexpected required replacement of an A/C unit.
Information Services – Hardware expenditures exceeded the budgeted amount due to various
necessary hardware replacements that occurred during the year.
Transfers Out – To the Debt Service Fund for the defeasance of bonds were not budgeted and
were addressed via budget amendment.
Town Council Page 135 of 148 Meeting Date: Monday, October 21, 2013
Fund Balance Detail at 9/30/2013
Beginning Fund Balance at 9/30/2012 $ 3,348,852
Transfer to Debt Service to Payoff Debt $ (738,284)
Fund Balance Less Debt Transfer $ 2,610,586
FY 2013 Revenue (Estimated) $ 7,581,144
FY 2013 Expenditures (Estimated) $(7,371,448)
Increase/(Decrease) in Fund Balance (Estimated) $ 209,696
Total Ending Fund Balance (Estimated) $2,820,282
Town Council Page 136 of 148 Meeting Date: Monday, October 21, 2013
10/9/2013 3:38:34 PM Page 1 of 2
Budget Report
Town of Trophy Club, TX Group Summary
For Fiscal: 2012-2013 Period Ending: 09/30/2013
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
ActivityCategor…
Current
Total Budget
Original
Total Budget
Percent
Remaining
Fund: 09 - TROPHY CLUB PARK
Revenue
42 - Intergovernmental 0.000.000.00 0.00 0.00 0.00 %
43 - Fines & Fees 130,504.757,071.80125,000.00 125,000.00 5,504.75 4.40 %
47 - Investment Income 0.000.000.00 0.00 0.00 0.00 %
130,504.757,071.80125,000.00 125,000.00 5,504.75Total Revenue:4.40 %
Expense
50 - Personnel Services 48,917.315,195.8057,332.00 57,332.00 8,414.69 14.68 %
60 - Purchased Services 38,388.663,071.1741,736.00 41,736.00 3,347.34 8.02 %
70 - Supplies 8,155.90229.368,400.00 8,400.00 244.10 2.91 %
80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 %
90 - Debt Service 0.000.000.00 0.00 0.00 0.00 %
99 - Other Financing Uses 12,300.006,150.0012,300.00 12,300.00 0.00 0.00 %
107,761.8714,646.33124,968.00 124,968.00 17,206.13Total Expense:13.77 %
22,742.88-7,574.5332.00 32.00 22,710.88Total Fund: 09 - TROPHY CLUB PARK:
Report Total:-7,574.53 22,742.8832.00 32.00 22,710.88
Town Council Page 137 of 148 Meeting Date: Monday, October 21, 2013
TROPHY CLUB PARK FUND
September 2013
12/12 Months (100% of Fiscal Year)
REVENUES
Park Revenue – Revenues have exceeded the budget amount by $5,505 or 4.4%.
EXPENDITURES
Supplies – Purchased additional maintenance equipment; however salary savings have helped
expenses come in below the budgeted amount by $17,206 or 13.8%.
Town Council Page 138 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-662-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action to set future Town Council Meetings.
Attachments:November & December 2013 Calendar.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action to set future Town Council Meetings.
Town Council Page 139 of 148 Meeting Date: Monday, October 21, 2013
November 2013
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
1 2
3 4 5 6 7 8 9
Council Meeting Election Day
10 11 12 13 14 15 16
17 18 19 20 21 22 23
Council Meeting
Canvass Election
24 25 26 27 28 29 30
Thanksgiving
Town Council Page 140 of 148 Meeting Date: Monday, October 21, 2013
December 2013
SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
1 2 3 4 5 6 7
Council Meeting
8 9 10 11 12 13 14
15 16 17 18 19 20 21
Council Meeting
22 23 24 25 26 27 28
Christmas Eve Christmas
29 30 31
New Year ’s Eve
Town Council Page 141 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-664-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Town Council Liaison Updates; discussion of same:
- MUD No 1 Meeting
- Planning & Zoning Meeting
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same:
- MUD No 1 Meeting
- Planning & Zoning Meeting
Town Council Page 142 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-665-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Town Manager Slye's update regarding the following; discussion of same.
- Election Update
- Transportation Update - Loop Road & Indian Creek Project
- Volunteer Appreciation Dinner
- Regional Trail Project Update
- Drug Take Back Program, Saturday, October 26th 10 am - 2 pm
- CHL Class, Saturday, October 26th
Attachments:
Action ByDate Action ResultVer.
Town Manager Slye's update regarding the following; discussion of same.
- Election Update
- Transportation Update - Loop Road & Indian Creek Project
- Volunteer Appreciation Dinner
- Regional Trail Project Update
- Drug Take Back Program, Saturday, October 26th 10 am - 2 pm
- CHL Class, Saturday, October 26th
Town Council Page 143 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-666-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
- TML 101st Annual Conference
Attachments:
Action ByDate Action ResultVer.
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
- TML 101st Annual Conference
Town Council Page 144 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-667-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/10/2013 Town Council
On agenda:Final action:10/21/2013
Title:Items for Future Agendas.
Attachments:Future Agenda Item List.pdf
Action ByDate Action ResultVer.
Items for Future Agendas.
Town Council Page 145 of 148 Meeting Date: Monday, October 21, 2013
Town of Trophy Club
Town Council
Future Agenda Items List
_________________________________________________________
1. Consider and take appropriate action regarding procurement policies and their alignment with
State statutes. (Rose, 2/1/10)
2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling
and Production (Rose, 4/26/10)
3. Consider and take appropriate action regarding the creation of a “Going Green” initiative
throughout the Town. (White, 2/24/2011)
4. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows
and political signs) (White and Cantrell, 5/2/2011)
5. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011)
6. Consider and take appropriate action regarding Food Prep Carts for sporting events and
special events and to review/update Park Policies (Cantrell, 5/7/2012)
7. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances
Defined” (Schroeder, 6/21/2012)
8. Consider and take appropriate action regarding the creation of a Youth Council within
Trophy Club (White and Schroeder, 8/20/2012)
9. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White, 1/21/2013)
10. Residential Property Renewal for tax incentives and grants for the recovery and renewal of
existing residential properties (Mayer 4/22/13)
11. Discussion and action for a new Town Logo (Tiffany 7/15)
12. Ordinance update regarding home occupation and number criteria for single family residential.
(Lamont 7/15)
13. An ordinance requiring that all pets must have and wear current rabies tag and owner’s
contact information. (Mayer 9/9)
14. Repeal of the ordinance requiring the registering of pets with TCPD. (Mayer 9/9)
Town Council Page 146 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-688-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:10/17/2013 Town Council
On agenda:Final action:10/21/2013
Title:Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter
551, the Council will enter into executive session to discuss the following items:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the
duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act for legal advice regarding:
(1) Water and wastewater services for PID; CCN; alternative services for the PID; legislative
processes and actions; terms of representation; terms of interlocal agreement for provision of water
and wastewater services; Town assets and related matters.
(B) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange,
lease, or value of real property where deliberation in an open meeting would have a detrimental effect
on the position of the governmental body in negotiations with a third person.
(1) Potential land acquisition for public use in construction of the Police Department.
Attachments:
Action ByDate Action ResultVer.
Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter 551, the Council will
enter into executive session to discuss the following items:
(A) Texas Government Code Section 551.071(2). Consultation with Attorney on a matter in which the duty of the attorney
to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict
with the Open Meetings Act for legal advice regarding:
(1) Water and wastewater services for PID; CCN; alternative services for the PID; legislative processes and actions;
terms of representation; terms of interlocal agreement for provision of water and wastewater services; Town assets and
related matters.
(B) Texas Government Code Section 551.072. To discuss or deliberate the purchase, exchange, lease, or value of real
property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body
in negotiations with a third person.
(1) Potential land acquisition for public use in construction of the Police Department.
Town Council Page 147 of 148 Meeting Date: Monday, October 21, 2013
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12013-689-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/17/2013 Town Council
On agenda:Final action:10/21/2013
Title:Consider and take appropriate action regarding Executive Session.
Attachments:
Action ByDate Action ResultVer.
Consider and take appropriate action regarding Executive Session.
Town Council Page 148 of 148 Meeting Date: Monday, October 21, 2013