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Agenda Packet TC 02/17/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom5:00 PMMonday, February 17, 2014 AMENDED CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2014-907-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17, 2014. 2.2014-908-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. 3-3-2014 DRAFT Agenda.pdfAttachments: 3.2014-925-T Discussion regarding equipment and software recommendation and funding options for parks and information technology. 4.2014-945-T Home Firearms Safety Program CONVENE INTO REGULAR SESSION INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. EXECUTIVE SESSION AMENDED Town Council Page 1 of 77 Meeting Date: Monday, February 17, 2014 February 17, 2014Town Council Meeting Agenda 5.2014-938-T Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071 (1) and (2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on pending litigation and/or on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Condemnation Proceedings for 31 Creekmere Drive (B) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town. (1) Potential Projects in the Trophy Wood Drive area 6.2014-939-T Consider and take appropriate action regarding the Executive Session. RECONVENE INTO REGULAR SESSION PUBLIC HEARING 7.2014-946-T Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. (THIS PUBLIC HEARING HAS BEEN RESCHEDULED AND A NEW NOTICE HAS BEEN PUBLISHED FOR MARCH 3, 2014 HEARING ON THIS ITEM.) CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Town Council Page 2 of 77 Meeting Date: Monday, February 17, 2014 February 17, 2014Town Council Meeting Agenda 8.2014-911-T Consider and take appropriate action regarding the minutes dated February 3, 2014. TC Minutes 2-3-2014.pdfAttachments: 9.2014-900-T Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Denton County for administration of the May, 2014 Town election. Denton County - Joint Contract May 2014 REVISED 1-31-2014.pdfAttachments: REGULAR SESSION 10.2014-941-T Presentation by Jennifer McKnight regarding increased water capacity for off-site water improvements (Fort Worth 48 inch transmission line project); consider and take appropriate action regarding the same. 11.2014-909-T Consider and take appropriate action regarding a Resolution of the Town Council relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities; and providing an effective date. Staff Report - Notice of Intention - $9.5M CO.pdf Declining Debt Balance Model.pdf Proposed CO Bond sale calendar.pdf RES 2014-05 NOI Resolution.pdf Attachments: 12.2014-910-T Consider and take appropriate action regarding a Resolution of the Town Council authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future, such proceeds to be utilized for various costs associated with construction of municipal facilities . Staff Report - Reimbursement Resolution - $9.5M CO.pdf RES 2014-06 Reimbursement Resolution.pdf Attachments: 13.2014-915-T Consider and take appropriate action to approve the designation of a company as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. Staff Report - Municipal Court Collection Services.pdfAttachments: Town Council Page 3 of 77 Meeting Date: Monday, February 17, 2014 February 17, 2014Town Council Meeting Agenda 14.2014-891-T Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Staff Report - Ordinance Ordering and Calling the General and Special Election.pdf ORD 2014-02 Calling May 2014 Election.pdf Attachments: 15.2014-918-T Consider and take appropriate action regarding financial and variance report dated January 2014. January 2014 Financial Report.pdfAttachments: 16.2014-919-T Town Council Liaison Updates; discussion of same: * Neighborhood meeting for the Turnberry residents - February 5th * Citizen Financial Advisory Board - February 10th * EDC 4B - February 10th * Parks Board - February 11th 17.2014-920-T Town Manager Slye's update regarding the following; discussion of same. * Warrant Round Up - February 17th thru February 28th * Atmos Update * March Republican Primary Election * March 4th Primary - voting 7 am - 7 pm * Early Voting o Tuesday, February 18th thru Friday, February 21st 8 am - 5 pm o Saturday, February 22nd 7 am - 7 pm o Monday, February 24th thru Friday, February 28th 7 am - 7 pm * Transportation Update - 114/170 Project * MUD contract for water and wastewater services for the PID * Dino Toddler Playground & Freedom Dog Park 18.2014-921-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Elected Officials Conference * Northwest Community Partners Meeting * Chamber Luncheon * Transportation Town Hall Meeting 19.2014-922-T Items for Future Agendas. Town Council Future Agenda Items List updated 1-29-2014.pdfAttachments: ADJOURN Town Council Page 4 of 77 Meeting Date: Monday, February 17, 2014 February 17, 2014Town Council Meeting Agenda * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on February 13, 2014 by 8:00 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 ______________________, 2014. ________________________________, Title: ___________________________ Town Council Page 5 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-907-T Name: Status:Type:Agenda Item Workshop File created:In control:2/1/2014 Town Council On agenda:Final action:2/17/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17, 2014. Attachments: Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17, 2014. Town Council Page 6 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-908-T Name: Status:Type:Agenda Item Workshop File created:In control:2/1/2014 Town Council On agenda:Final action:2/17/2014 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. Attachments:3-3-2014 DRAFT Agenda.pdf Action ByDate Action ResultVer. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014. Town Council Page 7 of 77 Meeting Date: Monday, February 17, 2014 Meeting Date 3/3/2014 File ID Dept Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 3, 2014.Town Sec Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 17, 2014.Town Sec Discussion of process and procdures as it applied to Town Council Meetings Consider and take appropriate action regarding the Minutes dated February 17, 2014.Town Sec Consider and take appropriate action regarding the Minutes dated January 24, 2014 and January 25, 2014.2014-883-T Town Sec Budget Amendment - Park & IT Expenditures Finance Consider and take appropriate action regarding granting a Special Privilege Request to the Trophy Club Women’s Club to hold two Community Garage Sale Events in 2014. Applicant: Heather Wick on behalf of Trophy Club Women’s Club.CD Discussion and recommendation regarding a (revised) Final Plat of Neighborhood 7, Phase 3C, of The Highlands at Trophy Club, an approximate 31.487 acre tract of land, consisting of 107 residential lots and 4 open space lots. Applicant: Peloton Land Solutions on behalf of High Trophy Development, LLC CD Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P.CD Consider and take appropriate action regarding revisions to Town Sign Ordinance relative to political signage. CD Consider and take appropriate action to approve a request for extension of time to allow Temporary Trailers to remain on site, The Church at Trophy Lakes, 800 Trophy Club Drive. Applicant: Jason Lee, The Church at Trophy Lakes CD Discussion and recommendation regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P.CD Consider and take appropriate action regarding a request for Site Plan approval for Samuel Beck Elementary School, 401 Parkview Drive, Lot 3, Block 1, Northwest Independent School District East Campus Addition. Applicant: Rob Morse, RLK Engineering on behalf of Northwest ISD.CD Court Collection Services ATM Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of same.Town Mgr Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same.Town Sec Items for Future Agendas.Town Sec Town Sec Consider and take appropriate action regarding the Executive Session.Town Sec Workshop Consent Regular Session Executive Session Public Hearing posted 7:00 pm Town Council Page 8 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-925-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/4/2014 Town Council On agenda:Final action:2/17/2014 Title:Discussion regarding equipment and software recommendation and funding options for parks and information technology. Attachments: Action ByDate Action ResultVer. Discussion regarding equipment and software recommendation and funding options for parks and information technology. Town Council Page 9 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-945-T Name: Status:Type:Agenda Item Workshop File created:In control:2/13/2014 Town Council On agenda:Final action:2/17/2014 Title:Home Firearms Safety Program Attachments: Action ByDate Action ResultVer. Home Firearms Safety Program Town Council Page 10 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-938-T Name: Status:Type:Agenda Item Executive Session File created:In control:2/7/2014 Town Council On agenda:Final action:2/17/2014 Title:Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071 (1) and (2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on pending litigation and/or on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Condemnation Proceedings for 31 Creekmere Drive (B) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town. (1) Potential Projects in the Trophy Wood Drive area Attachments: Action ByDate Action ResultVer. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071 (1) and (2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on pending litigation and/or on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property wheredeliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Condemnation Proceedings for 31 Creekmere Drive (B) Section 551.087 Deliberation Regarding Economic Development Negotiations to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town seeks to have locate within the territory of the Town. (1) Potential Projects in the Trophy Wood Drive area Town Council Page 11 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-939-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/7/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action regarding the Executive Session. Town Council Page 12 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-946-T Name: Status:Type:Agenda Item Public Hearing File created:In control:2/13/2014 Town Council On agenda:Final action:2/17/2014 Title:Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. (THIS PUBLIC HEARING HAS BEEN RESCHEDULED AND A NEW NOTICE HAS BEEN PUBLISHED FOR MARCH 3, 2014 HEARING ON THIS ITEM.) Attachments: Action ByDate Action ResultVer. Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P .(THIS PUBLIC HEARING HAS BEEN RESCHEDULED AND A NEW NOTICE HAS BEEN PUBLISHED FOR MARCH 3, 2014 HEARING ON THIS ITEM.) Town Council Page 13 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-911-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:2/1/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding the minutes dated February 3, 2014. Attachments:TC Minutes 2-3-2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the minutes dated February 3, 2014. Town Council Page 14 of 77 Meeting Date: Monday, February 17, 2014 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, February 3, 2014 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, February 3, 2014. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Jeannette Tiffany Mayor Pro Tem, Place 2 Philip Shoffner Council Member, Place 6 Greg Lamont Council Member, Place 5 Danny Mayer Council Member, Place 4 Clint Schroeder Council Member, Place 3 Bill Rose Council Member, Place 1 STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Tammy Ard Town Secretary Patricia Adams Town Attorney April Reiling PIO/Marketing Manager Scott Kniffen Police Chief Steven Glickman Finance Director Carolyn Huggins Community Development Director Mayor White announced the date of February 3, 2014, called the Town Council to order and announced a quorum at 6:00 p.m. WORKSHOP SESSION 1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 3, 2014. 2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 17, 2014. 3. Discussion regarding Park expenditures and Software expenditures. Presentation by Jacob Lohse, Recreation Superintendent regarding pool equipment that requires replacement and/or upgrades, re-painting the spray pad and answered questions regarding the same. The pool was built over ten (10) years ago and requires attention in order to not interrupt the upcoming pool season. Pool Replacement and/or Upgrades • Turnover rate not meeting state requirements • Filters – sand from filters returning back to pool • Pump – corroded inside and out • Surge Pit Inoperable – leaking water, water level control broken Town Council Page 15 of 77 Meeting Date: Monday, February 17, 2014 • Pool Controller Inoperable – not energy efficient, not internet ready • Install variable frequency drives • Cost: $84,882 Re-Paint Spray Pad • Looks old and worn • 2014 will be the 5th season of operation • Cost: $43,688 (includes one coat of primer, 2 coats of paint and design work) Presentation by Mike Pastor, Information Technology Director discussed software request and answered questions regarding the same. • Animal Control Software – cost $3,000 o Increasing the usefulness, accuracy, and efficiency of information gathered during regular business operations o Case tracking—Intake, Processing, and Disposition o Reports—Intake/Disposition registers, Current animals, Stats, and more • SunGard to Incode Interface Court software – cost $13,440 (annual maintenance $1,600) o Eliminate the need for officers to hand write citations which will reduce stop times o Eliminate the need for court to hand enter the information into the court system o Eliminate the need for police staff to hand enter the information to include racial profiling and keep better record of citations issued by removing the possibility of human error when entering the information o Dispatch will also be able to see the information on who the officer has stopped faster than the current hand entry system • ENERGOV - Incode (current financial software) upgrade – cost $41,825 (Includes a $11,800 discount for Incode upgrade) (New Annual Maintenance = $6,013) o Much needed upgrades to version 8 of Incode o More stable online interface to the public o A more user friendly interface o Streamlined online payment processes and procedures o Easy to access online permitting and inspection details o Expanded reporting o Actual permitting and inspection software o Will allow for multiple users from a single business o Additional safeguards and ability to use mobile devices for field personal o Streamlined inspection processes including priority and re-inspections. o Our current version is reached the end of life and will no longer be used or sold by Incode, Energov is their upgrade CONVENE INTO REGULAR SESSION - START TIME – 7:05 P.M. The Invocation was offered by Police Chief Scott Kniffen. The Pledges were led by Council Member Philip Shoffner. 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 Town Council Page 16 of 77 Meeting Date: Monday, February 17, 2014 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. Al Filidoro, Republican candidate for Justice of the Peace, Precinct 4 spoke on behalf of his campaign. Mayor White read the following emails into record: • David Dickson, 311 Skyline Drive I have lived at 311 Skyline Drive for 16 years now. I have volunteered in various capacities across this great town from the Local Option Election that passed without contention to allow beer and wine sales, to the Charter Committee that passed a successful Charter without contention, and recently the Charter Review Committee that amended the Charter without contention last year….to coaching youth sports in both soccer and TCRYBA baseball…to even volunteering in the concession stands at Indy and Harmony. I have seen a little of everything in this town and as the hostilities, personal agendas, and contentions have risen over the years, I have backed off from my volunteering activities. I was able to review the recent council meetings regarding the inquisition of another Volunteer in Chuck Hall, President of the baseball association for Trophy Club. Having watched these videos on the town’s website, I would formally like to request that Council Members Lamont and Schoffner issue a sincere apology for the disrespectful, hostile, accusational, demeaning, and arrogant way in which they chose to conduct their witch- hunt and inquisition of Mr. Hall. While I certainly believe the council has a right to ask questions of any volunteer in Trophy Club, they should be held to a level of professionalism and personal respect, rather than talking as if it were an internet chat board and disrespect a volunteer with such service as Mr. Hall. If they wish to ask why Council entered into an agreement with an entity they claim does not exist, perhaps they need to look into the Town Council’s own due diligence as well as that of their paid staff and legal counsel, given the level of disdain they showed Mr. Hall in questioning him on that topic. While it certainly is a legitimate question, it is not one that requires one citizen, (acting as councilmember) to berate a fellow citizen (acting as a volunteer) in such a shameful and disrespectful manner. Trophy Club should be better than that and above such transparent and juvenile agendas. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 4. Consider and take appropriate action regarding the Minutes dated January 20, 2014. 5. Consider and take appropriate action regarding a Resolution approving the submission of a grant application for the Drug Interdiction and Juvenile Resource Program Grant for the 2014-2015 fiscal year; designating the Town Manager as the authorized official for the Town; and authorizing him to execute all necessary documents. 6. Receive Racial Profiling Report; discussion of same. Motion made by Council Member Rose, seconded by Council Member Schroeder, to approve the Consent Agenda as corrected at the dais. Motion passed unanimously. PUBLIC HEARING 7. Public Hearing regarding a request for approval of amendments to Planned Development No. 30. Applicant: JSB Properties, LP represented by Bill Dahlstrom, Jackson Walker L.L.P. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON JANUARY 23, 2014.) Town Council Page 17 of 77 Meeting Date: Monday, February 17, 2014 Public Hearing opened at 7:17 p.m. The application was withdrawn from consideration by the applicant on January 23, 2014. The Planning & Zoning Commission will hear a resubmitted proposal for Planned Development No. 30 amendments on Thursday, February 6, 2014 at 6:30 p.m. Public Hearing closed at 7:19 p.m. REGULAR SESSION 8. Consider and take appropriate action regarding the adoption of Council Goals and Objectives in accordance with the Town Charter. Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve the adoption of the strategy map containing the vision, mission, legacy priorities and goals and objectives as well as the core values in accordance with the Town Charter as presented at the Dias. Motion passed unanimously. 9. Consider and take appropriate action regarding a Resolution amending Resolution Nos. 2013-22, No. 2013- 30, and No. 2013-34, appointing citizens to serve on boards, commissions, and corporations, in order to appoint a member of Reinvestment Zone Number One, Town of Trophy Club, Texas to serve as the Chair of the Board of Directors; designating a term of service; and providing an effective date. The state statute requires Council to appoint a chairperson for the Tax Increment Reinvestment Zone (TIRZ) No. 1 Board. Last week, the TIRZ Board elected David Brod as the temporary chair, and made a recommendation to Council to appoint Mr. Brod as the permanent chair through the end of 2014. Additionally, Council shall set staggered terms for the TIRZ Board designating a term of service for three (3) board members with two (2) year terms and two (2) board members with one (1) year terms for the first term. Upon completion of the first term, board members will serve two (2) year terms. Motion made by Council Member Mayer, seconded by Council Member Rose, to appoint David Brod as Chairman of the TIRZ No. 1 Board and appoint David Brod, Darryl Howard and Adam Broyles for two (2) year terms and Carolyn Simms and Jared King for one (1) year terms. Motion passed unanimously. 10. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club approving a Project and Financing Plan for Reinvestment Zone No. One, Town of Trophy Club; making various findings related to such Plan; providing for severability; and providing an effective date. David Petit, TIF Consultant, gave a brief overview on the Tax Increment Reinvestment Zone No. 1 and the financing plan to council and addressed any questions. The Tax Increment Reinvestment Zone (TIRZ) plan lays the ground work for moving forward, including the overall creation of the TIRZ. The current project and financing plan includes a $5.4 million budget and consists of 30.5 acres located at the intersection of State Highway 114 & Trophy Wood Drive. The goal of the TIRZ is to facilitate the development of the currently vacant land. Anticipated development will include the following: Medical Offices Hampton Inn Homewood Suites Holiday Inn Town Council Page 18 of 77 Meeting Date: Monday, February 17, 2014 Residential – 35 single family homes Restaurants Motion made by Council Member Rose, seconded by Council Member Mayer, to approve Resolution RZ1-2014–01 and Ordinance 2014-01 and authorizing the Mayor or her designee to execute all necessary documents. Motion passed unanimously. 11. Consider and take appropriate action regarding the submission of a grant application for the School Resource Program Vehicle for fiscal year 2014-2015; designating the Town Manager as the authorized official for the Town; and authorizing him to execute all necessary documents. This resolution authorizes the police department to submit a grant application for a School Resource Officer vehicle, which will also be used for CID during summer months. Motion made by Council Member Mayer, seconded by Council Member Rose, to approve Resolution 2014–03 authorizing the submission of a grant application for the School Resource Program Vehicle for fiscal year 2014- 2015; designating the Town Manager as the authorized official for the Town; and authorizing him to execute all necessary documents. Motion passed unanimously. 12. Consider and take appropriate action regarding the submission of a grant application for the P-25 Compliant Radio Transition Program for fiscal year 2014-2015; designating the Town Manager as the authorized official for the Town; and authorizing him to execute all necessary documents. This resolution authorizes the police department to submit a grant application for an upgraded radio system as part of a region-wide radio upgrade. The county is transitioning to all digital radio communication and the police department must upgrade to communicate with other agencies. The $80,000 grant covers twelve (12) – fourteen (14) units and eventually the police department will require six (6) or seven (7) additional radios. Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve Resolution 2014-02 authorizing the submission of a grant application for the P-25 Compliant Radio Transition Program for fiscal year 2014-2015; designating the Town Manager as the authorized official for the Town; and authorizing him to execute all necessary documents. Motion passed unanimously. 13. Consider and take appropriate action relating to the terms of a long term contract for water and wastewater services with MUD No. 1 to provide water and wastewater service to the residents of the PID. Council Member Rose requested to adjourn into executive session to consult with the Town Attorney pursuant to Texas Government Code Section 551.071(2) for legal advice. Council adjourned into executive session at 7:58 p.m. Council reconvened into regular session at 8:07 p.m. No action taken from executive session. Trophy Club MUD No. 1 and the Town have been negotiating a long-term utilities service agreement for water and wastewater services for the PID for several months and the two organizations have come to a point of disagreement in regards to how calculate a fair percentage of what the PID should pay for necessary capital improvements to the Trophy Club MUD No. 1 water/wastewater infrastructure. In negotiating the PID water/wastewater contract, a key issue is equality for all Trophy Club residents in regards to paying for infrastructure upgrades. Trophy Club MUD No. 1 would like to use property values for the first $5.7 million Governmental Obligation bonds for the upcoming wastewater treatment plant upgrade. Residents who live in Town Council Page 19 of 77 Meeting Date: Monday, February 17, 2014 Trophy Club MUD No. 1 have a MUD tax assessed to help pay for the improvements, but since the PID is not located in the Trophy Club MUD No. 1 district, the MUD cannot tax PID residents. Options include calculations based on consumption (capacity), the number of connections and based on tax valuation. The financial impact ranges from $8 - $10 extra dollars per month for PID residents. The second biggest issue is how to determine whether or not Trophy Club MUD No. 1 future capital improvement projects impact the PID. An upcoming example is the expansion of a water line coming out of Fort Worth. Moving forward, a process will be in place to determine, on a case-by-case basis, whether TC MUD No. 1 capital improvement projects impact PID residents. Motion made by Council Member Mayer, seconded by Council Member Lamont, to move forward with the PID water and wastewater contract (hybrid contract) to include the approximate $5.7 million debt in GO bonds that TC MUD No. 1 is going to issue that the PID pay their fair share based on property valuation. Motion passed unanimously. 14. Consider and take appropriate action regarding financial and variance report dated December 2013. Motion made by Council Member Mayer, seconded by Council Member Schroeder, to approve the financial and variance report dated December 2013. Motion passed unanimously. 15. Town Council Liaison Updates; discussion of same: No action taken, update only. 16. Town Manager Slye's update regarding the following; discussion of same. • Transportation Update: o 114/170 Project o Round About • Fresh Meadow Drainage • Indian Creek Update & Timeline • May Election Update • Ethics Commission Vacancies • 2012 CAFR Award Town Manager Slye updated the Council and addressed questions; no action taken, update only. 17. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. • Crime Prevention Luncheon - January 22nd • Northwest Reads - January 23rd • Community Storehouse Dinner & Auction - January 23rd • Keep Trophy Club Wild - January 27th • Mayor's Roundtable - January 30th • Northwest Metroport Annual Awards Gala - January 30th • Northeast Leadership Forum Annual Meeting & Luncheon - January 31st • Council Retreat Mayor White and Council Members updated the Council and addressed questions regarding meetings attended; no action taken, update only. Town Council Page 20 of 77 Meeting Date: Monday, February 17, 2014 18. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. o Mayor White requested a follow up from Atmos regarding gas pressure issues be placed on a future Town manager’s report or have Atmos come back and provide an update. o Mayor Pro Tem Tiffany questioned item #3 - Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. What does that mean and do we need to put this out there and make it an objective to reach for 19. Consider and take appropriate action regarding the resignation of Council Member Clint Schroeder. Council Member Clint Schroeder announced he is resigning from the Town Council due to time commitments personally and professionally. Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to accept Council Member Schroeder resignation effective immediately. Motion passed unanimously. EXECUTIVE SESSION 20. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551, (the Texas Open Meetings Act) the Council will convene into closed executive session to discuss the following: (A) Texas Government Code Section 551.071(2) “Consultation with Attorney” and Texas Government Code Section 551.072 “Deliberations about Real Property” to consult with its attorney on a matter in which the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflict with the Open Meetings Act and to discuss or deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person: (1) Sites for the location of a new Police Facility and related negotiations. CONVENE INTO EXECUTIVE SESSION - START TIME – 10:03 p.m. RECONVENE INTO REGULAR SESSION - START TIME – 11:06 p.m. RECONVENE INTO REGULAR SESSION 21. Consider and take appropriate action regarding the Executive Session. Motion made by Council Member Rose, seconded by Council Member Shoffner, to direct the Town Manager to move forward with an offer to purchase property as discussed in executive session for the construction of a joint police and municipal facility and potential site for a civic center and to bring a contract for purchase back to the council for approval if negotiations are successful. Motion passed unanimously. Town Council Page 21 of 77 Meeting Date: Monday, February 17, 2014 ADJOURN Motion made by Council Member Mayer, seconded by Council Member Rose, to adjourn. Motion carried unanimously. Meeting adjourned at 11:09 p.m. ___________________________________ ___________________________________ Tammy Ard, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 22 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-900-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/26/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Denton County for administration of the May, 2014 Town election. Attachments:Denton County - Joint Contract May 2014 REVISED 1-31-2014.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an interlocal Joint Election Agreement between the Town and Denton County for administration of the May, 2014 Town election. Town Council Page 23 of 77 Meeting Date: Monday, February 17, 2014 THE STATE OF TEXAS COUNTY OF DENTON JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT for election services is made by and between the Denton County Elections Administrator and the following political subdivisions located entirely or partially inside the boundaries of Denton County: List of entities to be determined after the final order deadline This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas Education Code Section 11.0581 for a joint May 10, 2014 election to be administered by Frank Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections Administrator.” RECITALS Each participating authority listed above plans to hold a general and/or special election on May 10, 2014. The County owns an electronic voting system, the Hart InterCivic eSlate/eScan Voting System (Version 6.2.1), which has been duly approved by the Secretary of State pursuant to Texas Election Code Chapter 122 as amended, and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012. The contracting political subdivisions desire to use the County’s electronic voting system and to compensate the County for such use and to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 271 of the Texas Election Code, as amended. NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: I. ADMINISTRATION The parties agree to hold a “Joint Election” with each other in accordance with Chapter 271 of the Texas Election Code and this agreement. The Denton County Elections Administrator shall coordinate, supervise, and handle all aspects of administering the Joint Election as provided in this agreement. Each participating authority agrees to pay the Denton County Elections Administrator for equipment, supplies, services, and administrative costs as provided in this agreement. The Denton County Elections Administrator shall serve as the administrator for the Joint Election; however, each participating authority shall remain responsible for the decisions and actions of its officers necessary for the lawful conduct of its election. The Elections Administrator shall provide advisory services in connection with decisions to be made and actions to be taken by the officers of each participating authority as necessary. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating authorities shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. II. LEGAL DOCUMENTS Each participating authority shall be responsible for the preparation, adoption, and publication of all required election orders, resolutions, notices, and any other pertinent documents required by the Texas Election Code and/or the participating authority’s governing body, charter, or ordinances, except that the Elections Administrator shall be responsible for the preparation and publication of all electronic voting equipment testing notices that are required by the Texas Election Code. Election orders should include language that would not necessitate amending the order if any of the Early Voting and/or Election Day polling places change. Town Council Page 24 of 77 Meeting Date: Monday, February 17, 2014 Preparation of the necessary materials for notices and the official ballot shall be the responsibility of each participating authority, including translation to languages other than English. Each participating authority shall provide a copy of their respective election orders and notices to the Denton County Elections Administrator. III. VOTING LOCATIONS The Elections Administrator shall select and arrange for the use of and payment for all Election Day voting locations. Voting locations will be, whenever possible, the usual voting location for each election precinct in elections conducted by each participating city, and shall be compliant with the accessibility requirements established by Election Code Section 43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed in Attachment A of this agreement. In the event that a voting location is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities. The Elections Administrator shall notify the participating authorities of any changes from the locations listed in Attachment A. If polling places for the May 10, 2014 joint election are different from the polling place(s) used by a participating authority in its most recent election, the authority agrees to post a notice no later than May 10, 2014 at the entrance to any previous polling places in the jurisdiction stating that the polling location has changed and stating the political subdivision’s polling place names and addresses in effect for the May 10, 2014 election. This notice shall be written in both the English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Denton County shall be responsible for the appointment of the presiding judge and alternate judge for each polling location. The Elections Administrator shall make emergency appointments of election officials if necessary. Upon request by the Elections Administrator, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both English and Spanish). In compliance with the Federal Voting Rights Act of 1965, as amended, each polling place containing more than 5% Hispanic population as determined by the 2010 Census shall have one or more election official who is fluent in both the English and Spanish languages. If a presiding judge is not bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend a bilingual worker for the polling place. If the Elections Administrator is unable to recommend or recruit a bilingual worker, the participating authority or authorities served by that polling place shall be responsible for recruiting a bilingual worker for translation services at that polling place. The Elections Administrator shall notify all election judges of the eligibility requirements of Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to insure that all election judges appointed for the Joint Election are eligible to serve. The Elections Administrator shall arrange for the training and compensation of all election judges and clerks. Election judges and clerks who attend voting equipment training and/or procedures training shall be compensated at the rate of $7 per hour. The Elections Administrator shall arrange for the date, time, and place for presiding election judges to pick up their election supplies. Each presiding election judge will be sent a letter from the Elections Administrator notifying him of his appointment, the time and location of training and distribution of election supplies, and the number of election clerks that the presiding judge may appoint. Each election judge and clerk will receive compensation at the hourly rate established by Denton County ($11 an hour for presiding judges, $10 an hour for alternate judges, and $9 an hour for clerks) pursuant to Texas Election Code Section 32.091. The election judge, or his designee, will receive an additional sum of $25.00 for picking up the election supplies prior to Election Day and for returning the supplies and equipment to the central counting station after the polls close. Town Council Page 25 of 77 Meeting Date: Monday, February 17, 2014 The Elections Administrator may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies during early voting and on Election Day, and for the efficient tabulation of ballots at the central counting station. Part-time personnel working as members of the Early Voting Ballot Board and/or central counting station on election night will be compensated at the hourly rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and 127.006. V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT The Elections Administrator shall arrange for all election supplies and voting equipment including, but not limited to, the County’s electronic voting system and equipment, sample ballots, voter registration lists, and all forms, signs, maps and other materials used by the election judges at the voting locations. The Elections Administrator shall ensure availability of tables and chairs at each polling place and shall procure rented tables and chairs for those polling places that do not have tables and/or chairs. The Elections Administrator shall be responsible for conducting all required testing of the electronic equipment, as required by Chapters 127 and 129 of the Texas Election Code. At each polling location, joint participants shall share voting equipment and supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter registration information, maps, instructions, and other information needed to enable the election judges in the voting locations that have more than one ballot style to conduct a proper election. Each participating authority shall furnish the Elections Administrator a list of candidates and/or propositions showing the order and the exact manner in which the candidate names and/or proposition(s) are to appear on the official ballot (including titles and text in each language in which the authority’s ballot is to be printed). Each participating authority shall be responsible for proofreading and approving the ballot and the audio recording of the ballot, insofar as it pertains to that authority’s candidates and/or propositions. The joint election ballots that contain ballot content for more than one joint participant because of overlapping territory shall be arranged in the following order: Independent School District, City, Water District(s), and other political subdivisions. Early Voting by Personal Appearance and voting on Election Day shall be conducted exclusively on Denton County’s eSlate electronic voting system. The Elections Administrator shall be responsible for the preparation, testing, and delivery of the voting equipment for the election as required by the Election Code. The Elections Administrator shall conduct criminal background checks on relevant employees upon hiring as required by Election Code Section 129.051(g). VI. EARLY VOTING The participating authorities agree to conduct joint early voting and to appoint the Election Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the Texas Election Code. Each participating authority agrees to appoint the Elections Administrator’s permanent county employees as deputy early voting clerks. The participating authorities further agree that the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section 83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of the Denton County Elections Administrator or any participating authority shall serve in that capacity without additional compensation. Town Council Page 26 of 77 Meeting Date: Monday, February 17, 2014 Early Voting by personal appearance will be held at the locations, dates, and times listed in Attachment “B” of this document. Any qualified voter of the Joint Election may vote early by personal appearance at any of the joint early voting locations. As Early Voting Clerk, the Elections Administrator shall receive applications for early voting ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code. Any requests for early voting ballots to be voted by mail received by the participating authorities shall be forwarded immediately by fax or courier to the Elections Administrator for processing. The address for the Denton County Early Voting Clerk is: Frank Phillips, Early Voting Clerk Denton County Elections PO Box 1720 Denton, TX 76202 Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots, that are sent by a contract carrier (ie. UPS, FedEx, etc.) should be delivered to the Early Voting Clerk at the Denton County Elections Department physical address as follows: Frank Phillips, Early Voting Clerk Denton County Elections 701 Kimberly Drive, Suite A101 Denton, TX 76208 The Elections Administrator shall post on the county website each participating authority’s early voting report on a daily basis and a cumulative final early voting report following the close of early voting. In accordance with Section 87.121(g) of the Election Code, the daily reports showing the previous day’s early voting activity will be posted to the county website no later than 8:00 a.m. each business day. VII. EARLY VOTING BALLOT BOARD Denton County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance of the Elections Administrator, shall appoint two or more additional members to constitute the EVBB. The Elections Administrator shall determine the number of EVBB members required to efficiently process the early voting ballots. VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS The Elections Administrator shall be responsible for establishing and operating the central counting station to receive and tabulate the voted ballots in accordance with the provisions of the Texas Election Code and of this agreement. The participating authorities hereby, in accordance with Sections 127.002, 127.003, and 127.005 of the Texas Election Code, appoint the following central counting station officials: Counting Station Manager: Frank Phillips, Denton County Elections Administrator Tabulation Supervisor: Brandy Grimes, Denton County Technical Operations Manager Presiding Judge: Kerry Martin, Deputy Elections Administrator Alternate Judge: Paula Paschal, Contract Manager The counting station manager or his representative shall deliver timely cumulative reports of the election results as precincts report to the central and remote counting stations and are tabulated. The manager shall be responsible for releasing unofficial cumulative totals and precinct returns from the election to the joint participants, candidates, press, and general public by distribution of hard copies at the central counting station and by posting to the Denton County web site. Town Council Page 27 of 77 Meeting Date: Monday, February 17, 2014 To ensure the accuracy of reported election returns, results printed on the tapes produced by Denton County’s voting equipment will not be released to the participating authorities at the remote collection sites or by phone from individual polling locations. The Elections Administrator will prepare the unofficial canvass reports after all precincts have been counted, and will deliver a copy of the unofficial canvass to each participating authority as soon as possible after all returns have been tabulated. The Elections Administrator will include the tabulation and precinct-by-precinct results that are required by Texas Election Code Section 67.004 for the participating entities to conduct their respective canvasses. Each participating authority shall be responsible for the official canvass of its respective election(s), and shall notify the Elections Administrator, or his designee, no later than three days after Election Day of the date of the canvass. The Elections Administrator will prepare the electronic precinct-by-precinct results reports for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The Elections Administrator agrees to upload these reports for each participating authority, unless requested otherwise. The Elections Administrator shall be responsible for conducting the post-election manual recount required by Section 127.201 of the Texas Election Code unless a waiver is granted by the Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to each participating authority and the Secretary of State’s Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON COUNTY Each participating authority with territory containing population outside Denton County agrees that the Elections Administrator shall administer only the Denton County portion of those elections. X. RUNOFF ELECTIONS Each participating authority shall have the option of extending the terms of this agreement through its runoff election, if applicable. In the event of such runoff election, the terms of this agreement shall automatically extend unless the participating authority notifies the Elections Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early voting locations and/or Election Day voting locations in a runoff election. Each participating authority agrees to order any runoff election(s) at its meeting for canvassing the votes from the May 10, 2014 election and to conduct its drawing for ballot positions at or immediately following such meeting in order to expedite preparations for its runoff election. Each participating authority eligible to hold runoff elections agrees that the date of the runoff election, if necessary, shall be Saturday, June 21, 2014. This date may be negotiable based on the Secretary of State’s calendar for elections in 2014. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS The participating authorities agree to share the costs of administering the Joint Election. Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared according to a formula which is based on the average cost per election day polling place (unit cost) as determined by adding together the overall expenses and dividing the expenses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro-rated equally among the participants utilizing that polling place. It is agreed that charges for Election Day judges and clerks and Election Day polling place rental fees shall be directly charged to the appropriate participating authority rather than averaging those costs among all participants. Town Council Page 28 of 77 Meeting Date: Monday, February 17, 2014 If a participating authority’s election is conducted at more than one election day polling place, there shall be no charges or fees allocated to the participating authority for the cost of election day polling places in which the authority has fewer than 50% of the total registered voters served by that polling place, except that if the number of registered voters in all of the authority’s polling places is less than the 50% threshold, the participating authority shall pay a pro-rata share of the costs associated with the polling place where it has the greatest number of registered voters. Costs for Early Voting by Personal Appearance shall be allocated based upon the actual costs associated with each early voting site. Each participating authority shall be responsible for a pro-rata portion of the actual costs associated with the early voting sites located within their jurisdiction. Participating authorities that do not have a regular (non-temporary) early voting site within their jurisdiction shall pay a pro-rata portion of the nearest regular early voting site. Costs for Early Voting by mail shall be allocated according to the actual number of ballots mailed to each participating authority’s voters. Each participating authority agrees to pay the Denton County Elections Administrator an administrative fee equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the Texas Election Code. The Denton County Elections Administrator shall deposit all funds payable under this contract into the appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100. The Denton County Elections Administrator reserves the right to adjust the above formulas in agreement with any individual jurisdiction if the above formula results in a cost allocation that is inequitable. If any participating authority makes a special request for extra Temporary Branch Early Voting by Personal Appearance locations, that entity agrees to pay the entire cost for that request. Participating authorities having the majority of their voters in another county, and fewer than 500 registered voters in Denton County, and that do not have an election day polling place or early voting site within their Denton County territory shall pay a flat fee of $400 for election expenses. XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION Any participating authority may withdraw from this agreement and the Joint Election should it cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The withdrawing authority is fully liable for any expenses incurred by the Denton County Elections Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such expenses. Any monies deposited with the Elections Administrator by the withdrawing authority shall be refunded, minus the aforementioned expenses and administrative fee, if applicable. It is agreed that any of the joint election early voting sites that are not within the boundaries of one or more of the remaining participating authorities, with the exception of the early voting site located at the Denton County Elections Building, may be dropped from the joint election unless one or more of the remaining participating authorities agreed to fully fund such site(s). In the event that any early voting site is eliminated under this section, an addendum to the contract shall be provided to the remaining participants within five days after notification of all intents to withdraw have been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Administrator is hereby appointed general custodian of the voted ballots and all records of the Joint Election as authorized by Section 271.010 of the Texas Election Code. Town Council Page 29 of 77 Meeting Date: Monday, February 17, 2014 Access to the election records shall be available to each participating authority as well as to the public in accordance with applicable provisions of the Texas Election Code and the Texas Public Information Act. The election records shall be stored at the offices of the Elections Administrator or at an alternate facility used for storage of county records. The Elections Administrator shall ensure that the records are maintained in an orderly manner so that the records are clearly identifiable and retrievable. Records of the election shall be retained and disposed of in accordance with the provisions of Section 66.058 of the Texas Election Code. If records of the election are involved in any pending election contest, investigation, litigation, or open records request, the Elections Administrator shall maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contest, investigation, litigation or open records request which may be filed with the participating authority. XIV. RECOUNTS A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of the Elections Administrator, and that the Elections Administrator shall serve as Recount Supervisor and the participating authority’s official or employee who performs the duties of a secretary under the Texas Election Code shall serve as Recount Coordinator. The Elections Administrator agrees to provide advisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS 1. It is understood that to the extent space is available, other districts and political subdivisions may wish to participate in the use of the County’s election equipment and voting places, and it is agreed that the Elections Administrator may contract with such other districts or political subdivisions for such purposes and that in such event there may be an adjustment of the pro-rata share to be paid to the County by the participating authorities. 2. The Elections Administrator shall file copies of this document with the Denton County Judge and the Denton County Auditor in accordance with Section 31.099 of the Texas Election Code. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party and/or other election personnel for a breach of this contract or a violation of the Texas Election Code. 4. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. 7. The waiver by any party of a breach of any provision of this agreement shall not operate as or be construed as a waiver of any subsequent breach. Town Council Page 30 of 77 Meeting Date: Monday, February 17, 2014 8. Any amendments of this agreement shall be of no effect unless in writing and signed by all parties hereto. XVI. COST ESTIMATES AND DEPOSIT OF FUNDS The total estimated obligation for each participating authority under the terms of this agreement is listed below. The exact amount of each participating authority’s obligation under the terms of this agreement shall be calculated after the May 10, 2014 election (or runoff election, if applicable). The participating authority’s obligation shall be paid to Denton County within 30 days after the receipt of the final invoice from the Denton County Elections Administrator. The total estimated obligation for each participating authority under the terms of this agreement shall be provided within 45 days after the last deadline for ordering an election. Actual Political Subdivision Cost Town Council Page 31 of 77 Meeting Date: Monday, February 17, 2014 XVII. SIGNATURE PAGE (separate page) Revised 1.31.2014 (11:34 a.m.) Town Council Page 32 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-941-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/7/2014 Town Council On agenda:Final action:2/17/2014 Title:Presentation by Jennifer McKnight regarding increased water capacity for off-site water improvements (Fort Worth 48 inch transmission line project); consider and take appropriate action regarding the same. Attachments: Action ByDate Action ResultVer. Presentation by Jennifer McKnight regarding increased water capacity for off-site water improvements (Fort Worth 48 inch transmission line project); consider and take appropriate action regarding the same. Town Council Page 33 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-909-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding a Resolution of the Town Council relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities; and providing an effective date. Attachments:Staff Report - Notice of Intention - $9.5M CO.pdf Declining Debt Balance Model.pdf Proposed CO Bond sale calendar.pdf RES 2014-05 NOI Resolution.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and RevenueCertificates of Obligation, Series 2014 for various costs associated with construction of municipal facilities; and providing an effective date. Town Council Page 34 of 77 Meeting Date: Monday, February 17, 2014 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: Notice of Intention: $9.5M Certificates of Obligation Bonds ______________________________________________________________________________ Agenda Item: Consider and take action on a resolution relating to the giving of notice of intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; providing an effective date. Explanation: Several years ago, the Town Council began identifying the need for a new Police Department facility and Town Hall. The Council and staff worked to develop a long term financial model that would support the construction of new Town facilities without raising citizen taxes. The Town began to defease debt obligations since summer 2010 which freed up debt capacity as well as saved the residents hundreds of thousands in interest savings. Additionally, the citizens voted to create a Crime Control & Prevention District funded with a reallocation of $0.25 sales tax which would also help pay for a portion of a new police facility. The Town has also requested the architect to design the site to incorporate a future civic center which could rented out for parties, businesses, weddings, etc as well as serve a place for daily civic/community activities. The Town has experienced exponential growth over the past 6 years which has increased the Town’s tax base to over $1+ Billion. In addition to smart financial planning, a portion of this strong development growth will allow the Town to issue bonds without impacting the citizen’s taxes. Attached is a chart that displays the Town’s I&S Rate ($0.1150) and how debt capacity is obtained via a declining debt balance. The Council working alongside staff has strategically positioned the Town to take full advantage of eliminating old debt as well as tax base growth. The Notice of Intention is a legal requirement in order to issue bonds. The plan is to issue a significant portion of the required debt to pay for the property and design/construction with a first year issue of $9.5 million Certificates of Obligation (COs) in order to stay under the $10 Million Bank Qualified limit. Exceeding $10 million in debt issuance in a single calendar year (not fiscal year) would increase the interest rate by approximately 0.5%. The Town also wants to take advantage of the historically low interest rates. During 2015, the Town will need to issue Town Council Page 35 of 77 Meeting Date: Monday, February 17, 2014 the remainder of the debt. Staff is currently working with the architect to fully develop the amount needed in 2015. Attachments: Declining Debt Balance Model $9.5 Million CO, Series 2014 Debt Service Draft Proposal Proposed Notice of Intention Resolution Proposed CO Bond sale calendar 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 Recommendation: Staff recommends approval of the Notice of Intention. Town Council Page 36 of 77 Meeting Date: Monday, February 17, 2014 I&S Rate $0.11500 Debt Capacity Declining Debt Balance Model R a t e Time Town Council Page 37 of 77 Meeting Date: Monday, February 17, 2014 TOWN OF TROPHY CLUB, TEXAS $9,500,000 COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 Proposed Timetable As of February 6, 2014 Date Action Required 02-03-14 (M) Southwest Securities (SWS) submits Official Statement Request for Information (RFI) to Town officials. 02-17-14 (M) Regular Council Meeting (5:00 pm) to authorize the following: • Publication of Notice of Intent to Issue Combination Tax and Revenue Certificates of Obligation, Series 2014 (COs) • Reimbursement Resolution • SWS receives completed RFI and related documents from the Town 02-19-14 (W) • First Publication of Notice of Intent to Issue COs in local newspaper (must be at least 31 days prior to the sale date) • SWS submits initial draft of Preliminary Official Statement (POS) and Official Notice of Sale (NOS) to all parties for review 02-26-14 (W) • Second Publication of Notice of Intent to Issue COs in local newspaper • SWS receives comments on initial POS/NOS Draft from all parties 02-27-14 (W) • SWS submits POS/NOS and other financing documents to S&P rating agency to request underlying credit rating • SWS distributes second POS/NOS Draft to all parties. Week of 3-3 Schedule rating conference call with S&P 03-14-14 (F) Final POS/NOS Comments are due to SWS from all parties 03-18-14 (T) Post POS/NOS to the SWS Internet Website and electronically distribute POS/NOS to potential bidders in the investment community 03-19-14 (W) Receive S&P underlying bond rating 03-25-13 (T) • Receive electronic bids for the COs (12:00 Noon) via Internet and the “i-Deal LLC PARITY” bidding program • Special Council Meeting to review bids for the COs and adopt the Ordinance authorizing and selling the COs (5:00 pm) 03-31-14 (M) Print and distribute Final Official Statement (OS) and post Final OS to SWS website 04-08-14 (T) SWS notifies all parties of closing/delivery instructions 04-16-14 (W) Payment for and delivery of the COs ______________ Note: Bold entries indicate dates/actions that require the Town’s participation. Town Council Page 38 of 77 Meeting Date: Monday, February 17, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-05 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”), pursuant to Chapter 271, Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation for the purpose of paying contractual obligations to be incurred for the purposes set forth below; and WHEREAS, the Town Council of the Town has found and determined that a notice of intention to issue certificates of obligation should be published in accordance with the requirements of applicable law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The Town Secretary of the Town is hereby authorized and directed to issue a notice of intention to issue certificates of obligation in substantially the form attached hereto as Exhibit A. Section 3. The foregoing notice shall be published once a week for two consecutive weeks, the date of the first publication being before the thirtieth (30th) day prior to the date set forth in the foregoing notice for passage of the ordinance authorizing the Combination Tax and Revenue Certificates of Obligation. Such notice shall be published in a newspaper of general circulation in the area of the Town of Trophy Club, Texas. Section 4. That this Resolution shall become effective from and after its date of passage in accordance with law, and it is so resolved. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17th day of February, 2014. Town Council Page 39 of 77 Meeting Date: Monday, February 17, 2014 EXHIBIT A NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 NOTICE IS HEREBY GIVEN that on March 25, 2014, the Town Council of the Town of Trophy Club, Texas, at 6:00 p.m. at a special meeting of the Town Council to be held in the Council Chambers at the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas 76262, the regular meeting place of the Town Council, intends to pass an ordinance authorizing the issuance of not to exceed $9,500,000 principal amount of Certificates of Obligation (excluding premium) for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (a) designing, developing, constructing, improving, renovating and equipping Town Hall facilities, including the acquisition of land therefore; (b) designing, developing, constructing, improving, renovating and equipping police and public safety facilities, including the acquisition of land therefor; (c) designing, developing, constructing, improving, renovating and equipping park and recreational facilities, including the acquisition of land therefor ((a) through (c) collectively, the “Project”); and (d) paying professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. The Certificates shall be issued in one or more series, shall bear interest at a rate not to exceed fifteen percent (15%) per annum, and shall have a maximum maturity date of not later than forty (40) years after their date. Said Certificates shall be payable from the levy of a direct and continuing ad valorem tax against all taxable property within the Town sufficient to pay the interest on this series of Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of the Town’s municipal drainage utility system, such pledge of surplus revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the Town Council of the Town of Trophy Club, Texas. ________________________________ Mayor Connie White 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 40 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-910-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/1/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding a Resolution of the Town Council authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future, such proceeds to be utilized for various costs associated with construction of municipal facilities. Attachments:Staff Report - Reimbursement Resolution - $9.5M CO.pdf RES 2014-06 Reimbursement Resolution.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the reimbursement of certain expenditures from the proceeds of obligations to be issued in the future, such proceeds to be utilized for various costs associated with construction of municipal facilities. Town Council Page 41 of 77 Meeting Date: Monday, February 17, 2014 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: Reimbursement Resolution ______________________________________________________________________________ Agenda Item: Consider and take appropriate action on a Resolution expressing the Town’s intent to reimburse certain expenditures from the proceeds of obligations to be issued in the future. Explanation: A reimbursement resolution will allow the Town to reimburse expenses from future bond proceeds which are related to the future property acquisition and facility design/engineering. Essentially, the resolution allows the Town the flexibility to make purchases related to the Police and Town Hall facility and reimburse with bond proceeds in order to keep the project moving forward. Attachments: Reimbursement Resolution 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 Town Council Page 42 of 77 Meeting Date: Monday, February 17, 2014 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 approval. Town Council Page 43 of 77 Meeting Date: Monday, February 17, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-06 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS FOR REIMBURSEMENT AND EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED FOR THE DESIGN, ACQUISITION, CONSTRUCTION, RECONSTRUCTION, EXPANSION OR RENOVATION OF VARIOUS MUNICIPAL FACILITIES; AND PROVIDING AN EFFECTIVE DATE REIMBURSEMENT RESOLUTION EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED WHEREAS, the Town of Trophy Club, Texas (the “Town”) is a political subdivision of the State of Texas authorized to finance its activities by issuing obligations; and WHEREAS, the Town will make, or has made not more than 60 days prior to the date hereof, payments with respect to the design, acquisition, construction, reconstruction, expansion or renovation of the projects listed on Exhibit “A” attached hereto (the “Financed Project”); and WHEREAS, the Town has concluded that it does not currently desire to issue obligations to finance the costs associated with the Financed Project; and WHEREAS, the Town desires to reimburse itself for the costs associated with the Financed Project from the proceeds of obligations to be issued subsequent to the date hereof; and WHEREAS, the Town reasonably expects to issue obligations to reimburse itself for the costs associated with the Financed Project NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town reasonably expects to reimburse itself for costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction or renovation of the Financed Project from the proceeds of obligations to be issued subsequent to the date hereof. Section 2. The Town reasonably expects that the maximum principal amount of obligations issued to reimburse the Town for the costs associated with the Financed Project will be $9,500,000. Town Council Page 44 of 77 Meeting Date: Monday, February 17, 2014 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 17th day of February, 2014. ________________________________ Mayor Connie White 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 45 of 77 Meeting Date: Monday, February 17, 2014 EXHIBIT A DESCRIPTION OF PROJECT Purpose/Project Designing, developing, constructing, improving, renovating and equipping Town Hall facilities, including the acquisition of land therefor. Amount Designing, developing, constructing, improving, renovating and equipping police and public safety facilities, including the acquisition of land therefor. Designing, developing, constructing, improving, renovating and equipping park and recreational facilities, including the acquisition of land therefor. TOTAL $9,500,000 Town Council Page 46 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-915-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action to approve the designation of a company as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. Attachments:Staff Report - Municipal Court Collection Services.pdf Action ByDate Action ResultVer. Consider and take appropriate action to approve the designation of a company as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. Town Council Page 47 of 77 Meeting Date: Monday, February 17, 2014 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: Municipal Court Collection Services ______________________________________________________________________________ Agenda Item: Consider and take appropriate action to approve the designation of a company as the most qualified to provide Professional Municipal Court Account Collection Services for the Trophy Club Municipal Court; and authorizing the Town Manager to negotiate and execute a contract providing for a compensation arrangement as authorized by state law. Explanation: At the Council’s December, 2013 meeting, Council took action to terminate the Town’s existing contract for collection of delinquent Municipal Court Fines and Fees with McCreary, Veselka, Bragg and Allen, a collections law firm based in Round Rock, Texas (“MVBA”). The Town had been utilizing MVBA since 2010, but the firm’s collection rate had been consistently low. In an effort to increase recovery of delinquent Municipal Court fines, Staff prepared a Request for Proposals seeking qualifications and proposals from qualified collection firms. Staff received three (3) proposals, and a Staff Selection Committee is currently in the process of reviewing those proposals and scheduling interviews. Staff’s objective is to retain a responsive firm that will diligently seek recovery of outstanding fines. Fees for collection services for delinquent Municipal Court fines are mandated by statute; therefore, all proposals submitted contain the same fee structure. Staff intends to complete its evaluation of responsive firms by Monday, February 17, 2014, and to make a recommendation at the Council meeting Monday night. 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 Town Council Page 48 of 77 Meeting Date: Monday, February 17, 2014 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 Recommendation: Staff seeks to obtain Council approval of a qualified firm to provide collection services for outstanding Municipal Court fines and requests that the Council authorize the Town Manager to negotiate and execute a contract with the Council approved firm. Town Council Page 49 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-891-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/26/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Attachments:Staff Report - Ordinance Ordering and Calling the General and Special Election.pdf ORD 2014-02 Calling May 2014 Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (TermExpiring May, 2015);and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Town Council Page 50 of 77 Meeting Date: Monday, February 17, 2014 Town of Trophy Club To: Mayor and Town Council From: Tammy Ard, Town Secretary CC: Mike Slye, Town Manager Re: Ordinance Ordering and calling the General and Special Election ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding the approval of an Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Explanation: We are waiting on an Election Agreement from Tarrant County showing the polling locations and will provide an updated ordinance calling the election at the Dias. Attachments: Ordinance 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 51 of 77 Meeting Date: Monday, February 17, 2014 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: Recommend approving the ordinance calling the election as corrected at the Dias. Town Council Page 52 of 77 Meeting Date: Monday, February 17, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-02 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE HELD ON MAY 10, 2014 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM AND TWO (2) COUNCIL MEMBERS FOR PLACE #1 AND PLACE #2 TO THE TOWN COUNCIL FOR A THREE (3) YEAR TERM EACH; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 TO THE TOWN COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM OF OFFICE OF PLACE #3 CREATED BY A VACANCY (TERM EXPIRING MAY, 2015); AND ORDERING AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25) IN ORDER TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN APP LICATION FOR A PLACE ON THE BALLOT FOR BOTH THE JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING FOR ADMINISTRATION OF A JOINT ELECTION BY BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF THE ELECTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the "Code") establishes the second Saturday in May as a Uniform Election Date for the purposes of conducting a General or Special Election; and Town Council Page 53 of 77 Meeting Date: Monday, February 17, 2014 WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and Place #2 for a three (3) year term each, for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (term expiring May, 2015); and a Joint Special Election on a measure; and WHEREAS, in a May, 2006 Special Election, pursuant to an election on a measure, the residents of the Town voted to reduce the amount of sales tax allocated to EDC4B by one-fourth of one percent (.25) and to levy a sales and use tax of one-fourth of one percent (.25) to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, in May, 2010, the Town Council held an election to allow voters to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25%) in order to continue providing revenue for maintenance and repair of municipal streets, and the voters of the Town voted affirmatively to reauthorize the tax for road maintenance and repair; and WHEREAS, in order for the road maintenance and repair tax to continue in effect, the Town is required to hold an election to reauthorize the tax, and the election must be held in the same manner as the election that was used to levy the tax; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize a sales and use tax to provide revenue for maintenance and repair for municipal streets as authorized by Chapter 327 of the Texas Tax Code; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will Town Council Page 54 of 77 Meeting Date: Monday, February 17, 2014 provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the “Denton County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Administration (“DCEA”), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit “A” upon its final approval and execution by the Town; and WHEREAS, he Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the “Tarrant County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Tarrant County Elections Administration (“TCEA”), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until sometime during the month of April when the determination of participating entities and cost per entity is available. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit “B”; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town Council finds that upon the canvassing of the returns of the May 10, 2014 election, this Ordinance and election order, shall be enacted as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION Town Council Page 55 of 77 Meeting Date: Monday, February 17, 2014 It is hereby ordered that a General and Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 10, 2014 using a combined ballot. SECTION 3 PURPOSE OF ELECTION 3.1 General. The purpose of the joint General Election is to elect one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and #2 for a three (3) year term to the Town of Trophy Club Town Council; 3.2 Special Election. The purpose of the joint Special Election is to elect one (1) Council member for Place #3 for a one (1) year term in order to complete the remainder of the term of office for Place #3 created by a vacancy on the Trophy Club Town Council; 3.2 Special Election on a Measure. The purpose of the joint Special Election is to hold an election on a measure, to wit: reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one-percent to continue providing revenue for maintenance and repair of municipal streets. If adopted, the tax would be set to expire on the (insert 4th or 10th) anniversary of the date of this election unless it is subsequently reauthorized. If the reauthorization is not approved by the voters, the tax is set to expire on July 1, 2014. SECTION 4 BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election on a Measure shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” each proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: PROPOSITION NO. ONE: The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the (insert fourth or 10th) anniversary of the date of this election unless the imposition of the tax is reauthorized [ ] FOR [ ] AGAINST Town Council Page 56 of 77 Meeting Date: Monday, February 17, 2014 SECTION 6 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: a. Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. SECTION 7 APPLICATION FOR A PLACE ON THE BALLOT 7.1 General Election. For the purpose of the May, 2014 General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 29, 2014 and not later than 5:00 p.m. on February 28, 2014. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. Town Council Page 57 of 77 Meeting Date: Monday, February 17, 2014 7.2 Special Election. For the purpose of the May, 2014 Special Election to fill the vacancy on the Trophy Club Town Council and pursuant to the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 18, 2014 and not later than 5:00 p.m. on March 10, 2014. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. SECTION 8 RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 21, 2014. SECTION 9 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein. Exhibit “C” shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit “C” may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. The Denton and Tarrant County Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. Town Council Page 58 of 77 Meeting Date: Monday, February 17, 2014 SECTION 10 ELECTIONS ADMINISTRATION 10.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “A” hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 10.2 Tarrant County. The Tarrant County Elections Administrator, Steve Raborn, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 11 COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall Town Council Page 59 of 77 Meeting Date: Monday, February 17, 2014 be used for early voting by personal appearance, and in the May 10, 2014 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 10, 2014 election, the Denton County and the Tarrant County Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 12 EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling location designated and maintained by the Denton County Elections Administrator. SECTION 13 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 14 ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 15 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. Town Council Page 60 of 77 Meeting Date: Monday, February 17, 2014 SECTION 16 CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 13, 2014 and not later than May 19, 2014. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 17 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 18 SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 19 ELECTION CONTRACTS The Town Manager or the Town Manager’s designee is authorized to amend or supplement any and all contracts for the administration of the May, 2014 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County and/or Tarrant County Elections Administrator. Attached and incorporated herein as Exhibit “A” is a copy of a joint election agreement between the Town and the Denton County Elections Department. Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit “B”. Town Council Page 61 of 77 Meeting Date: Monday, February 17, 2014 SECTION 20 ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 21 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 17th day of February, 2014. 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 62 of 77 Meeting Date: Monday, February 17, 2014 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Town Council Page 63 of 77 Meeting Date: Monday, February 17, 2014 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference Town Council Page 64 of 77 Meeting Date: Monday, February 17, 2014 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 28 Tuesday, April 29 Wednesday, April 30 Thursday, May 1 Friday, May 2 Saturday, May 3 Monday, May 5 Tuesday, May 6 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Town Council Page 65 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-918-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Consider and take appropriate action regarding financial and variance report dated January 2014. Attachments:January 2014 Financial Report.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding financial and variance report dated January 2014. Town Council Page 66 of 77 Meeting Date: Monday, February 17, 2014 2/5/2014 12:45:10 PM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 01/31/2014 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Used Fund: 01 - GENERAL FUND Revenue 40 - Taxes 4,224,421.981,106,692.475,215,231.00 5,215,231.00 -990,809.02 -81.00 % 41 - Licenses & Permits 390,406.26118,552.471,667,730.00 1,667,730.00 -1,277,323.74 -23.41 % 42 - Intergovernmental 88,883.470.00217,008.00 217,008.00 -128,124.53 -40.96 % 43 - Fines & Fees 139,161.648,328.53497,727.00 497,727.00 -358,565.36 -27.96 % 44 - Charges for Services 86,282.113,683.52198,763.00 198,763.00 -112,480.89 -43.41 % 45 - Rents 11,843.005,415.0055,000.00 55,000.00 -43,157.00 -21.53 % 46 - Contributions and Donations 260.00260.000.00 0.00 260.00 0.00 % 47 - Investment Income 279.560.005,500.00 5,500.00 -5,220.44 -5.08 % 48 - Sales 0.000.005,000.00 5,000.00 -5,000.00 0.00 % 49 - Other Financing Sources 0.000.008,000.00 8,000.00 -8,000.00 0.00 % 51 - Miscellaneous 17,468.618,928.5125,000.00 25,000.00 -7,531.39 -69.87 % 4,959,006.631,251,860.507,894,959.00 7,894,959.00 -2,935,952.37Total Revenue:-62.81 % 4,959,006.631,251,860.507,894,959.00 7,894,959.00 -2,935,952.37Total Fund: 01 - GENERAL FUND:-62.81 % Report Total:1,251,860.50 4,959,006.637,894,959.00 7,894,959.00 -2,935,952.37 -62.81 % Town Council Page 67 of 77 Meeting Date: Monday, February 17, 2014 2/5/2014 12:50:00 PM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: Current Period Ending: 01/31/2014 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityDepartmen… Current Total Budget Original Total Budget Percent Remaining Fund: 01 - GENERAL FUND 140 - Manager's Office 226,431.9974,585.63872,640.54 872,640.54 646,208.55 74.05 % 160 - Legal 54,428.8917,083.01184,246.08 184,246.08 129,817.19 70.46 % 251 - Police 683,510.67192,818.561,963,011.02 1,963,011.02 1,279,500.35 65.18 % 255 - EMS 251,848.5170,568.88853,932.98 853,932.98 602,084.47 70.51 % 360 - Streets 125,493.1834,038.12444,452.08 444,452.08 318,958.90 71.76 % 400 - Parks 278,478.8769,535.66980,966.70 980,966.70 702,487.83 71.61 % 401 - Medians 100,127.3529,977.98306,771.51 306,771.51 206,644.16 67.36 % 450 - Recreation 70,236.5921,172.30553,828.00 553,828.00 483,591.41 87.32 % 460 - Community Events 14,958.29975.0555,915.00 55,915.00 40,956.71 73.25 % 521 - Planning and Zoning 90,083.4012,679.52241,752.65 241,752.65 151,669.25 62.74 % 522 - Community Development 96,711.2531,200.36355,600.85 355,600.85 258,889.60 72.80 % 611 - Finance 117,678.5529,773.97395,439.63 395,439.63 277,761.08 70.24 % 615 - Municipal Court 25,320.228,118.1484,993.65 84,993.65 59,673.43 70.21 % 630 - Human Resources 23,997.306,955.0298,382.20 98,382.20 74,384.90 75.61 % 640 - Information Services 112,833.8723,111.54374,271.03 374,271.03 261,437.16 69.85 % 710 - Facilities Management 61,869.994,423.8872,200.00 72,200.00 10,330.01 14.31 % 2,334,008.92627,017.627,838,403.92 7,838,403.92 5,504,395.00Total Fund: 01 - GENERAL FUND:70.22 % Report Total:627,017.62 2,334,008.927,838,403.92 7,838,403.92 5,504,395.00 70.22 % Town Council Page 68 of 77 Meeting Date: Monday, February 17, 2014 GENERAL FUND January 2014 4/12 Months (33.3% 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. Property Tax Revenues are at 88.5% of the budget amount (this includes current, delinquent, and penalties and interest). Sales Tax – As shown below, the Town’s total current sales tax collections are exceeded by the prior year’s sales tax collections by $28,123 (7.34 %). Sales Tax Revenues are at 28.74% of the budgeted amount. Year to Date Sales Tax Collections Increase (Decrease) FY 2013 FY 2014 Total $ 383,126 $ 355,033 $ (28,123) 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%), CCPD (12.5%) and 4B (25%), and the street maintenance fund (12.5%). (Additional Note: November collections are for September sales.) $- $20,000.00 $40,000.00 $60,000.00 $80,000.00 $100,000.00 $120,000.00 $140,000.00 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Sales Tax Collections FY 2013 FY 2014 Town Council Page 69 of 77 Meeting Date: Monday, February 17, 2014 Fines & Fees – Several fees related to recreation fall within this category and are seasonal. Court revenues are lower than anticipated at this time of year, while Developer Fees have already exceeded the budgeted amount by $36,873. Fines & Fees revenue for the year totals $139,162 (28.0% of the budgeted amount). Licenses & Permits – Licenses and Permits revenue for the year totals $390,406.26 (23.4% of the budgeted amount). Intergovernmental – Represents amounts to be received from the Municipal Utility District and EDC 4B. Other Financing Sources – Represents transfers to be received from Trophy Club Park for services provided by the General Fund. Miscellaneous Revenue – Includes extraordinary and non-recurring sources of revenue. EXPENDITURES Planning and Zoning – Engineering expenditures have exceeded the budgeted amount of $45,000 by $2,727 as a result of higher than anticipated fees resulting from multiple construction projects in the Town. These expenditures are offset by Developer’s Fees. Facilities Management – The Town’s annual property insurance premium was paid for in full under Facilities Management in order to take advantage of an early payment discount. (This expense represents 67.4% of the department’s budget). Town Council Page 70 of 77 Meeting Date: Monday, February 17, 2014 2/6/2014 10:51:12 AM Page 1 of 2 Budget Report Town of Trophy Club, TX Group Summary For Fiscal: 2013-2014 Period Ending: 01/31/2014 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityCategor… Current Total Budget Original Total Budget Percent Remaining Fund: 09 - TROPHY CLUB PARK Revenue 43 - Fines & Fees 34,190.257,031.50130,000.00 130,000.00 -95,809.75 -73.70 % 34,190.257,031.50130,000.00 130,000.00 -95,809.75Total Revenue:-73.70 % Expense 50 - Personnel Services 15,560.235,304.8247,087.00 47,087.00 31,526.77 66.95 % 60 - Purchased Services 20,082.492,147.4855,349.00 55,349.00 35,266.51 63.72 % 70 - Supplies 7,180.62233.8014,074.00 14,074.00 6,893.38 48.98 % 80 - Capital 0.000.005,200.00 5,200.00 5,200.00 100.00 % 99 - Other Financing Uses 0.000.008,000.00 8,000.00 8,000.00 100.00 % 42,823.347,686.10129,710.00 129,710.00 86,886.66Total Expense:66.99 % -8,633.09-654.60290.00 290.00 -8,923.09Total Fund: 09 - TROPHY CLUB PARK: Report Total:-654.60 -8,633.09290.00 290.00 -8,923.09 Town Council Page 71 of 77 Meeting Date: Monday, February 17, 2014 TROPHY CLUB PARK FUND January 2014 4/12 Months (33.3% of Fiscal Year) REVENUES Park Revenue – Use of park is seasonal. EXPENDITURES Park Maintenance – To date 55% ($6,622) of the Property Maintenance budget has been spent to prepare the park for spring. Independent Labor - To date 39% ($4,000) of the Independent Labor budget has been spent to prepare the park for spring. Park Expenditures – Expenditures associated with Community Events total $5,839 of the $6,500 budgeted as of Jan 31, 2013. Town Council Page 72 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-919-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Town Council Liaison Updates; discussion of same: * Neighborhood meeting for the Turnberry residents - February 5th * Citizen Financial Advisory Board - February 10th * EDC 4B - February 10th * Parks Board - February 11th Attachments: Action ByDate Action ResultVer. Town Council Liaison Updates; discussion of same: * Neighborhood meeting for the Turnberry residents - February 5th * Citizen Financial Advisory Board - February 10th * EDC 4B - February 10th * Parks Board - February 11th Town Council Page 73 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-920-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Town Manager Slye's update regarding the following; discussion of same. * Warrant Round Up - February 17th thru February 28th * Atmos Update * March Republican Primary Election * March 4th Primary - voting 7 am - 7 pm * Early Voting o Tuesday, February 18th thru Friday, February 21st 8 am - 5 pm o Saturday, February 22nd 7 am - 7 pm o Monday, February 24th thru Friday, February 28th 7 am - 7 pm * Transportation Update - 114/170 Project * MUD contract for water and wastewater services for the PID * Dino Toddler Playground & Freedom Dog Park Attachments: Action ByDate Action ResultVer. Town Manager Slye's update regarding the following; discussion of same. * Warrant Round Up - February 17th thru February 28th * Atmos Update * March Republican Primary Election * March 4th Primary - voting 7 am - 7 pm * Early Voting o Tuesday, February 18th thru Friday, February 21st 8 am - 5 pm o Saturday, February 22nd 7 am - 7 pm o Monday, February 24th thru Friday, February 28th 7 am - 7 pm * Transportation Update - 114/170 Project * MUD contract for water and wastewater services for the PID * Dino Toddler Playground & Freedom Dog Park Town Council Page 74 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-921-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Elected Officials Conference * Northwest Community Partners Meeting * Chamber Luncheon * Transportation Town Hall Meeting Attachments: Action ByDate Action ResultVer. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. * Elected Officials Conference * Northwest Community Partners Meeting * Chamber Luncheon * Transportation Town Hall Meeting Town Council Page 75 of 77 Meeting Date: Monday, February 17, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-922-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/2/2014 Town Council On agenda:Final action:2/17/2014 Title:Items for Future Agendas. Attachments:Town Council Future Agenda Items List updated 1-29-2014.pdf Action ByDate Action ResultVer. Items for Future Agendas. Town Council Page 76 of 77 Meeting Date: Monday, February 17, 2014 Town Council Future Agenda Items List (updated 1/29/2014) 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 Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell 5/7/2012) 5. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder 6/21/2012) 6. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder 8/20/2012) 7. Consider and take appropriate action regarding reviewing the Ethics Ordinance (White 1/21/2013) 8. Residential Property Renewal for tax incentives and grants for the recovery and renewal of existing residential properties (Mayer 4/22/13) 9. Ordinance update regarding home occupation and number criteria for single family residential. (Lamont 7/15) 10. Discussion regarding animal shelter long and short term facility. (11/18/2013) Town Council Page 77 of 77 Meeting Date: Monday, February 17, 2014