Agenda Packet TC 05/19/2014Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:30 PMMonday, May 19, 2014
CALL TO ORDER AND ANNOUNCE A QUORUM
WORKSHOP SESSION
1.2014-1159-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for May 19, 2014.
2.2014-1160-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for June 2, 2014.
DRAFT Agenda 6-2-2014.pdfAttachments:
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it
is posted on the agenda. The Council is not permitted to take action on or discuss any
presentations made to the Council at this time concerning an item not listed on the
agenda. The Council will hear presentations on specific agenda items prior to the
Council addressing those items. You may speak up to three (3) minutes or the time limit
determined by the Mayor or presiding officer. To speak during this item you must
complete the Speaker's form that includes the topic(s) of your statement. Topics of
presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council
and will be enacted by one motion. There will not be a separate discussion of these
items. If discussion is desired, that item will be removed from the consent agenda and
will be considered separately.
3.2014-1161-T Consider and take appropriate action regarding the Minutes dated May 5, 2014.
TC Minutes May 5, 2014.pdfAttachments:
Town Council Page 1 of 160 Meeting Date: Monday, May 19, 2014
May 19, 2014Town Council Meeting Agenda
4.2014-1162-T Consider and take appropriate action regarding a Resolution denying the rate increase
requested by Atmos Energy Corp., Mid-Tex Division, under the company's 2014 annual
rate review mechanism (RRM); requiring Atmos to reimburse reasonable ratemaking
expenses; authorizing the Town's participation with Atmos Cities Steering Committee in
any appeals filed; and providing an effective date.
Staff Report - Atmos Energy Rate Increase.pdf
RES 2014-19 Atmos.pdf
Memorandum regarding action requited – Denying rate increase.pdf
Attachments:
5.2014-1163-T Consider and take appropriate action regarding a Resolution authorizing continued
participation with the Steering Committee of Cities served by Oncor; authorizing the
payment of $0.11 per capita to the Steering Committee to fund regulatory and related
activities related to Oncor Electric Delivery Company, LLC.; and providing an effective
date.
Staff Report - Oncor Cities Steering Committee.pdf
RES 2014-18 ONCOR Resolution.pdf
Memorandum regarding Action Needed – Membership Assessment Invoice.pdf
Oncor Cities Steering Committee 2013 Year in Review (final).pdf
2014 Oncor Cities Steering Committee Invoice.pdf
List of Oncor Cities Steering Committee Members.pdf
Attachments:
6.2014-1164-T Consider and take appropriate action regarding a Subdivider's Agreement between the
Town and BDMR Development, LLC for Canterbury Hills, Phase 3, and authorizing the
Mayor or her designee to execute necessary documents.
Staff Report - TC 051914 - Subdividers Agreement.pdf
Subdivider's Agreement - Canterbury Hills Phase 3.pdf
Attachment A - Construction Estimates.pdf
Attachments:
REGULAR SESSION
7.2014-1121-T Recognition of current Business Spotlight Partner: DATCU Credit Union in Trophy Club;
discussion of same.
Staff Report - Business Spotlight.pdf
Business Spotlight Promotion Examples.pdf
Business Spotlight Article - May 2014.pdf
Attachments:
Town Council Page 2 of 160 Meeting Date: Monday, May 19, 2014
May 19, 2014Town Council Meeting Agenda
8.2014-1166-T Consider and take appropriate action regarding a Resolution repealing that portion of
Section 2 of Resolution No. 2013-22 ("Annual Appointment Resolution") appointing
citizens to serve on the Ethics Commission, adopting a new Resolution appointing
citizens to serve on the Ethics Commission and reaffirming existing appointments; and
providing an effective date.
Staff Report - Ethics Commission Appointments.pdf
RES 2014-23 Repealing 2013-22 - Ethics Commission Filling Vacancies.pdf
Stephen Flynn - Ethics Commission Application.pdf
Roddy Metroka - Ethics Commission Application.pdf
Tom Setser - Ethics Commission Application.pdf
Attachments:
9.2014-1074-T Consider and take appropriate action regarding a Resolution of the Town Council
authorizing an economic development project with Old Town Development and the
Trophy Club Economic Development Corporation 4B in accordance with a proposed
term sheet; designating terms of the project and providing an effective date. (First
Reading May 5, 2014)
Staff Report - EDC 4B Project Resolution.pdf
RES 2014-17 - EDC Project with OTD.pdf
Attachments:
10.2014-1173-T Town Council Liaison Updates; discussion of same.
* CFAB, May 12
* EDC 4B, May 12
* Park Board, May 13
11.2014-1175-T Mayor and Council Updates regarding training opportunities, educational sessions, and
regional meetings; discussion of same.
* Chamber Luncheon, May 6
* Mayor's Panel, May 7
* Northwest Community Partnership Meeting, May 14
* Metroport, May 15
12.2014-1167-T Consider and take appropriate action regarding an Ordinance canvassing the returns of
the May 10, 2014 Joint General and Special Elections for the purpose of electing (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, to elect one (1) Council Member for
place #3 for a one (1) year term in order to fill the remainder of an unexpired term of
office of Place #3 created by a vacancy (term expiring May, 2015) and a special
election to reauthorize the local sales and use tax at the rate of one-fourth of one
percent (0.25) to continue providing revenue for maintenance and repair of municipal
streets for a period of ten years; providing for confirmation of vote tabulations;
authorizing the issuance of certificates of election and canvass of election; and
providing an effective date.
ORD 2014-12 Canvassing returns of May 10 2014 Election.pdfAttachments:
13.2014-1180-T Consider and take appropriate action regarding an Ordinance canvassing the returns
and declaring the results of a Bond Election held on May 10, 2014 in the Town of
Trophy Club, Texas to authorize the issuance of General Obligation Bonds for a joint
police and town hall facility; and providing an effective date.
ORD 2014-13 Canvassing Returns of Bond Election -May 2014.pdfAttachments:
Town Council Page 3 of 160 Meeting Date: Monday, May 19, 2014
May 19, 2014Town Council Meeting Agenda
14.2014-1179-T Presentation of a Resolution of Gratitude to Connie White for recognition of her
dedication and years of service on the Town Council; discussion of same.
RES 2014-20 Gratitude for Connie White.pdfAttachments:
15.2014-1168-T Presentation of a Resolution of Gratitude to Bill Rose for recognition of his dedication
and years of service on the Town Council; discussion of same.
RES 2014-21 Gratitude for Bill Rose.pdfAttachments:
16.2014-1169-T Presentation of a Resolution of Gratitude to Jeanette Tiffany for recognition of her
dedication and years of service on the Town Council; discussion of same.
RES 2014-22 Gratitude for Jeanette Tiffany.pdfAttachments:
17.2014-1170-T Oath of Office to be administered by Municipal Court Judge Chambers, and
presentation of Certificates of Election from Judge Chambers to incoming Council
Members.
Oath Of Office - SAMPLE.pdf
Statement of Appointed Officer - SAMPLE.pdf
Certificate of Election - SAMPLE.pdf
Attachments:
18.2014-1171-T Remarks to and from incoming Council Members.
19.2014-1174-T Town Manager Slye's update regarding the following; discussion of same.
* Budget Calendar
* Budget Meetings
* Business Cards, Name Tags and Wearables
* Primary Election Run-Off
- Early Voting, Monday, May 19 - Friday, May 23, 7:00 am - 7:00 pm
- Primary Election Run-Off Election Day, Tuesday, May 27, 7:00 am - 7:00 pm
20.2014-1176-T Items for Future Agendas.
Items for Future Agendas.pdfAttachments:
EXECUTIVE SESSION
21.2014-1177-T Council to convene into executive session to discuss or deliberate the appointment,
employment, evaluation, reassignment, duties, discipline or dismissal of a public officer
or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings Act
Personnel Matters (§551.074(a)(1)):
(1) Appointment of Mayor Pro Tem.
RECONVENE INTO REGULAR SESSION
22.2014-1178-T Consider and take appropriate action regarding the Executive Session.
Town Council Page 4 of 160 Meeting Date: Monday, May 19, 2014
May 19, 2014Town Council Meeting Agenda
ADJOURN
* 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 May 15, 2014 by 7:00 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 May, 2014.
________________________________, Title: ___________________________
Town Council Page 5 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1159-T Name:
Status:Type:Agenda Item Workshop
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May
19, 2014.
Attachments:
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 19, 2014.
Town Council Page 6 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1160-T Name:
Status:Type:Agenda Item Workshop
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June
2, 2014.
Attachments:DRAFT Agenda 6-2-2014.pdf
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for June 2, 2014.
Town Council Page 7 of 160 Meeting Date: Monday, May 19, 2014
Meeting Date 6/2/2014 File ID Dept
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for June 2, 2014.
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for June x, 2014.
Consider and take appropriate action regarding the Minutes dated May 19, 2014.
Consider and take appropriate action to amend the GSBS contract to allow for increase
scope of project to design a joint facility. 2014-1100-T
Discussion of proposed Town Council Meeting Dates thru July 2014 (attach calendar for
June & July)2014-1172-T
Town Council Liaison Updates; discussion of same: 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
Consider and take appropriate action regarding the Executive Session.Town Sec
Workshop
Consent
Regular Session
Executive Session
Town Council Page 8 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1161-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding the Minutes dated May 5, 2014.
Attachments:TC Minutes May 5, 2014.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated May 5, 2014.
Town Council Page 9 of 160 Meeting Date: Monday, May 19, 2014
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 5, 2014 at 7:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 5, 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
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 Monday, May 5, 2014 called the Town Council to order and announced a
quorum at 7:33 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 5,
2014.
2. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for May 19,
2014.
CONVENE INTO REGULAR SESSION - START TIME – 7:33 P.M.
The Invocation was offered by Adam Adams, Parks and Recreation Director.
The Pledges were led by Council Member Lamont.
EXECUTIVE SESSION
3. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071(2) “Consultation with
Attorney” the Town Council will enter into executive session for consultation 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.
(1) Legal Advice relative to platting authority and the pending Canterbury Hills Phase 3 Plat application
Town Council Page 10 of 160 Meeting Date: Monday, May 19, 2014
The Town may admit to the closed meeting various agents and representatives retained by the Town of
Trophy Club as experts. Those agents and representatives will provide information necessary for the Town
Council to have full and unrestrained communication with its attorneys. The presence of such agents and
representatives is necessary for full communication between the Town and its attorneys, as allowed by
Texas Attorney General Opinions, including without limitation, Opinion No. JM-238.
CONVENE INTO EXECUTIVE SESSION - START TIME – 8:10 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 9:03 P.M.
RECONVENE INTO REGULAR SESSION
4. Consider and take appropriate action regarding the Executive Session.
No action taken.
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 four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
The following citizens addressed the Town Council:
• Kristi Wade introduced herself to the Council and announced her candidacy for School Board Candidate Place
6.
The following citizens addressed the Town Council regarding the Fresh Meadow Drainage Project:
• Patricia Jayne Keefer, 216 Fresh Meadow
Concerned with the drainage project and wants to make sure the neighborhood looks as good if not better
than before construction began.
• Richard P. Spell, 126 Seminole
Please see Attachment A comments regarding the drainage project on Seminole and Fresh Meadow given in
writing, unable to attend.
• Denise Gant, 226 Fresh Meadow
Wants to see engineering studies to make sure drainage does not affect her property when project complete.
• Ramona Deaton, 218 Fresh Meadow
Concerned with look of “patchwork” streets; worried about possible standing water.
• Liz Maddox, 207 Fresh Meadow
Wants to make sure homes will not flood after drainage repairs complete; does not like the look of patched
street repairs.
• Larry Schwab, 214 Fresh Meadow
Main concern with drainage is that we may have created standing water pools and not draining properly.
• Scott & Tonya Beard, 215 Fresh Meadow, Larry Schwab read a letter on behalf of Scott & Tonya Beard
• Jean Carter, 204 Fresh Meadow
Concerned that drainage has not yet been fully addressed.
• Jim Carter, 1005 Roadrunner Road, Bartonville, TX
Thanked everyone involved for making progress; glad the street issue will be addressed; concerned with Mrs.
Carter’s house and believes her house might still flood.
• Patricia Jayne Keefer, 216 Fresh Meadow, requested to speak again
Applauds the town for addressing the drainage issues; wants entire panels replaced, not just patched; hopes
that cracks that have formed in concrete are fixed.
Town Council Page 11 of 160 Meeting Date: Monday, May 19, 2014
Town Manager Slye and Assistant Town Manager Seidel updated the citizens regarding the Fresh Meadows
project.
Maintenance bond for up to two (2) years to make repairs after the project has been completed should this be
necessary.
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.
Mayor White moved the consent agenda item forward prior to executive session (agenda item 3).
5. Consider and take appropriate action regarding the Minutes dated April 21, 2014.
6. Consider and take appropriate action regarding a Proclamation proclaiming May 2014 as Motorcycle Safety
and Awareness Month.
Mayor Pro Tem Tiffany read the Proclamation proclaiming May 2014 as Motorcycle Safety and Awareness
Month.
7. Consider and take appropriate action regarding a Proclamation declaring May 11 - 17, 2014 as National
Police Week in Trophy Club in conjunction with Nation Police Week and May 15, 2014 as National Peace
Officers Memorial Day in Trophy Club.
Council Member Rose read the Proclamation declaring May 11 - 17, 2014 as National Police Week in Trophy
Club in conjunction with Nation Police Week and May 15, 2014 as National Peace Officers Memorial Day in
Trophy Club.
8. Consider and take appropriate action regarding a Proclamation declaring May 18 - 24, 2014 as Emergency
Medical Services (EMS) Week.
Mayor Pro Tem Tiffany read the Proclamation declaring May 18 - 24, 2014 as Emergency Medical Services
(EMS) Week.
9. Consider and take appropriate action regarding a Proclamation declaring May 18 - 24, 2014 as Public Works
Week.
Council Member Rose read the Proclamation declaring May 18 - 24, 2014 as Public Works Week.
Motion made by Council Member Mayer, seconded by Council Member Lamont, to approve the Consent Agenda.
Motion passed unanimously.
REGULAR SESSION
10. Recognition of the 2013 Citizen of the Year Nominees and announce the recipients; discussion of the same.
Mayor White moved agenda item 10 forward prior to executive session (agenda item 3).
Mayor White recognized each 2013 Youth Citizen of the Year nominees:
Samantha Ellis
Madison Flores
Brandon Gindt
Town Council Page 12 of 160 Meeting Date: Monday, May 19, 2014
Jessica Hunter
Cannon Jackson
Brandon Michaelis
Lauren Wintermute
Mayor White announced McKenzie Arata as the 2013 Youth Citizen of the Year Recipient
Mayor White announced Dena Boudreau as the2013 Citizen of the Year Award Recipient
Please see Attachment B Citizen of the Year Presentation 2013
11. Consider and take appropriate action regarding Council's formal acceptance of the Strategic Plan developed
and adopted by EDC 4B.
David Brod, EDC 4B Director, presented the Economic Development Strategic Plan approved by the EDC 4B Board
March 10, 2014. The plan provides a framework and guiding principles for EDC 4B priorities and monies. The plan
includes three primary goals: (1) Retain/maintain existing business, (2) target Economic Development that reflects
Trophy Club and the region and (3) recruit new economic development.
Please see Attachment C EDC Strategic Plan.
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to adopt the EDC 4B Strategic Plan.
Motion passed unanimously.
12. Consider and take appropriate action regarding the Mid-Year Financial Report for Fiscal Year 2014.
Steven Glickman, Finance Director presented the Mid-Year Financial Report for Fiscal Year 2014. As of March 31,
2014, the Town has received 98% of the budgeted amount of property tax, and 75% of General Fund Revenues
overall. As of March 31, 2014, Town General Fund Expenditures are 46% of the budgeted amounts. Hotel
occupancy tax revenue has already exceeded the budgeted amount by over $10,000.
No action taken.
13. Consider and take appropriate action regarding an Ordinance of the Town Council approving a Project and
Financing Plan for Reinvestment Zone No. 2, Town of Trophy Club, Texas; making findings relative to the
Project and Financing Plan; and providing an effective date.
Stephen Seidel, Assistant Town Manager provided a brief overview of the TIRZ #2 Project and Financing plan. TIRZ
#2 is approximately 45 acres located at SH114 at Trophy Club Drive and includes several property parcels which
include the large 26 acre parcel (PD-30), approximately 1.5 acres located between 7-11 and First Financial Bank
(PD-13), 300 Trophy Club Drive (office building), municipal facilities property, and portions of Indian Creek, Trophy
Club Drive, and Municipal Drive. The majority of the property contained within the proposed TIRZ is undeveloped
land. The TIRZ #2 Board approved this ordinance at their last meeting on April 28, 2014 and the ordinance is a
formality in the TIRZ creation process. The next step is presenting participation agreements to the various Denton
County entities.
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Ordinance 2014-11
Project and Financing Plan for Reinvestment Zone No. 2.
Motion carried 4-2-0 with Council Member Mayer, Council Member Rose, Mayor White and Mayor Pro Tem
Tiffany, voting for and Council Member Lamont and Council Member Shoffner voting against.
14. Consider and take appropriate action regarding a Final Plat for Canterbury Hills, Phase 3 (20.716 acres)
located out of the M. Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Denton County, Texas;
Owner/Developer BDMR Development, LLC.
Town Council Page 13 of 160 Meeting Date: Monday, May 19, 2014
Plat represents final phase of Canterbury Hills development. Common area 1 will be dedicated as park land. The
Planning & Zoning Commission heard request on April 17, 2014 and the vote resulted in 3-3 tie, thus failed. Town
engineer reviewed and approved final plat and infrastructure.
The following citizens addressed the Town Council:
• Jennifer McKnight, MUD District Manager, addressed the Council on behalf of the Municipal Utility District.
Reviewed documents and concerned with incorrect information included in packet. Asserts document does
not meet all Town requirements – fails to provide a public right-of-way to Trophy Club MUD No. 1 property
recently purchased to the north of wastewater treatment plant (WWTP). Preliminary plat expired and
ordinances require new preliminary plat before moving forward for consideration. Indicated that Trophy Club
MUD No. 1 reached out to the developer for a meeting but the meeting was not granted.
• Steve Lenart, Lenart Development Company, LLC, presented a PowerPoint titled ‘Canterbury Hills, May 5,
2014’ to be added to public record. Mr. Lenart disagreed with some of the Trophy Club MUD No. 1 District
Manager’s statements and does not have issues with the proposed Final Plat. Trophy Club MUD No. 1 reached
out to the developer two (2) weeks prior to tonight and the plans, bank loans, bids, etc. had already been
secured and the developer felt the request was in the 11th hour. The meeting request was not granted.
Attachment D Canterbury Hills, May 5, 2014 PowerPoint
Attachment E Letter from Misty Ventura, Legal Counsel for Steve Lenart, dated May 5, 2014 regarding Final
Plat for Canterbury Hills Phase 3
• Jim Parrow, 8 Brookfield Court
• Nick Sanders, 7 Hayes Court, addressed the Council on behalf of the Municipal Utility District
Motion made by Council Member Mayer, seconded by Mayor Pro Tem Tiffany, to approve the Final Plat for
Canterbury Hills, Phase 3 (20.716 acres) located out of the M. Medlin Survey, Abstract No. 832 in the Town of
Trophy Club, Denton County, Texas; Owner/Developer BDMR Development, LLC.
Motion carried 5-1-0 with Council Member Mayer, Council Member Rose, Mayor White, Mayor Pro Tem Tiffany
and Council Member Lamont, voting for and Council Member Shoffner, voting against.
Mayor White called a short break.
15. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Town to
invest funds with Lone Star Investment Pool; and providing an effective date.
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve Resolution 2014-16
authorizing the Town to invest funds with Lone Star Investment Pool.
Motion passed unanimously.
16. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Town to
invest funds with TexSTAR Investment Pool; and providing an effective date.
Motion made by Council Member Rose, seconded by Council Member Mayer, to approve Resolution 2014-15
authorizing the Town to invest funds with TexSTAR Investment Pool.
Motion passed unanimously.
17. Consider and take appropriate action regarding a Resolution of the Town Council authorizing the Town to
invest funds with LOGIC Investment Pool; and providing an effective date.
Motion made by Council Member Rose, seconded by Council Member Shoffner, to approve Resolution 2014-14
authorizing the Town to invest funds with LOGIC Investment Pool.
Motion passed unanimously.
18. Consider and take appropriate action regarding updates to the Town Procurement Policies and Procedures
and to the Town Travel and Training Policy.
Town Council Page 14 of 160 Meeting Date: Monday, May 19, 2014
Motion made by Council Member Rose, seconded by Mayor Pro Tem Tiffany, to approve the Town Procurement
Policies and Procedures and to the Town Travel and Training Policy.
Motion passed unanimously.
19. First reading of a Resolution authorizing an economic development project with Old Town Development
and the Trophy Club Economic Development Corporation 4B in accordance with a proposed term sheet;
designating terms of the project and providing an effective date.
This is the first of two readings of Resolution 2014-17 required for EDC 4B to enter into a formal developer’s
agreement. The property owner and developers are still in negotiation on the property. This resolution will also be
on the next Council agenda.
No action necessary, first reading of Resolution 2014-17.
20. Consider and take appropriate action to alter the site of the Dino Playground slightly to the east of the
approved site at Freedom Park.
On April 7 the Town Council approved the site for the Dino playground; however, a new site is being proposed that
would alter the playground location slightly to the east of the approved site at Freedom Park. The new location
carves out a portion of the small dog side of the park and has no connectivity to the dog park with a green space
between the chained link fence of the dog park and the ornamental fence (rod iron) of the playground. Cannot
gate the playground due to ADA restrictions (must be wheelchair accessible).
Motion made by Council Member Mayer, seconded by Council Member Rose, to approve the new site of the Dino
Playground slightly to the east of the previously approved site at Freedom Park.
Motion passed unanimously.
21. Town Council Liaison Updates; discussion of same:
No Town Council Liaison updates to provide.
22. Town Manager Slye's update regarding the following; discussion of same.
• Election Update
• Budget Calendar
• Fresh Meadow and Skyline Construction Project Updates - this update was provided during citizen
presentations to update the citizens while they were addressing Council regarding this project
• Community Clean-Up Event, May 17th
• TML IEBP Conference, April 23rd - 25th
• 'The Fugitive' Update
Please see Attachment F ‘The Fugitive’ update
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
23. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings;
discussion of same.
• Parliamentary Procedure Webinar, April 30th
• National Day of Prayer, May 1st
• Women in Business Networking Luncheon, May 2nd
Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no
action taken, update only.
Town Council Page 15 of 160 Meeting Date: Monday, May 19, 2014
24. 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.
Council member Rose asked that “Consider and take appropriate action regarding subdivision regulations” be
placed on the list.
ADJOURN
Motion made by Council Member Mayer, seconded by Council Member Lamont, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:40 p.m.
___________________________________ ___________________________________
Tammy Ard, Town Secretary Connie White, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 16 of 160 Meeting Date: Monday, May 19, 2014
Attachment A
Richard P. Spell, 126 Seminole comments regarding the drainage project on Seminole and Fresh Meadow
Town Council Page 17 of 160 Meeting Date: Monday, May 19, 2014
5 May 2012
I've been out of state since last Wednesday and returned last night with severe laryngitis. -With
speech difficulty and possibility I'm contagious, I will not attend the City Council meeting this evening.
Here follows a portion of the complaints I have re the drainage project on Seminole and Fresh
meadow.
1. Today, Standard Utility Construction, Inc installed a new electric utility line in my front yard
(Seminole Dr), Two weeks ago I observed new markers in my yard and was advised by drainage
construction personnel that a new electric line was to be installed in my yard. At no time was I
advised by the City, Oncore, Standard Utility, Dakota Construction or the Quality Excavation
(drainage contractor) that this was part of the drainage project until the markers were placed in my
yard.
2. In 2012 and In January 2013 I complained about water drainage across the backside of my
property during moderate to heavy rains. I was advised by Street Dept personnel and by the
Assistant City Manager that there was no drainage easement along the rear property boundaries of
homes on Seminole and, therefore, drainage problems were a civil matter between neighbors.
A SIGNIFICANT AMOUNT OF WATER OFF OF 'SEMINOLE PLATEAU' FLOWS ACROSS MY
PROPERTY (126 SEMINOLE), down my driveway, onto Fresh Meadow Dr, bypassing the current
street drainage inlet and continuing either on Fresh Meadow or jumping the curb onto properties 218
and 220 Fresh Meadow. THIS PROBLEM SHOULD HAVE BEEN RESOLVED BY NEW DRAINAGE
IMPROVEMENTS.
I broached this subject again with Mr Seidel two± weeks ago and he again indicated no knowledge of
a drainage easement. THERE ARE DRAINAGE EASEMENTS AT THESE BOUNDARIES.
3. Streets facing my property (Fresh Meadow Dr and Seminole Dr) are 50 ft wide, divided into 25 ft
sections by expansion joints. Each section is further divided by an expansion joint running the length
of the section. Thus, prior to "drainage improvement, II each section was divided into TWO sub
sections at street centerline.
Now, some sections have EIGHT to TWELVE asymmetrical subsections resulting from 30° to 90°
concrete saw cuts, with numerous "unused" cuts into street surfaces.
Initially, Manager Slye, Ass't Mgr Seidel and others "assured" property owners that neighborhood
streets would look the same or better than before construction began. Mayor White has stated the
same. However, this is not the case. Street/Drainage Dept personnel have advised me that there
are no plans to repave Seminole and Fresh Meadow. Rather, the "cut-out" sections of street will be
patched with highly contrasting white concrete.
When repaired under the present plan, STREETS WILL LOOK LIKE THE REPAIR PLAN CAME
FROM QUILT-WORK CONVENTION. THE AESTHETIC AND MONETARY VALUE OF MY (and
neighbors) PROPERTY WILL BE DIMINISHED. I will be embarrassed to live in a town that sanctions
this kind of shoddy repairs.
4. AND - I will urge, join, spearhead whatever action necessary, including, but not limited to, a
Class-Action suit to force the town government to comply with promises made, .
Town Council Page 18 of 160 Meeting Date: Monday, May 19, 2014
--I believe town officials loose their immunity 'from legal action whenever they knowingly
misrepresent facts, the result of which is damage to multiple properties and owners.
Dick
Richard P Spell
rpspell@att. net
Town Council Page 19 of 160 Meeting Date: Monday, May 19, 2014
Attachment B
Citizen of the Year Presentation 2013
Town Council Page 20 of 160 Meeting Date: Monday, May 19, 2014
Citizen of the Year Presentation 5/5/2014 1. Welcome Citizen of the Year nominees, family, and friends. Tonight we are pleased to recognize and appreciate some of the individuals who have contributed immensely to the Town of Trophy Club by their commitment and dedication to serve. The Town Council, myself, Town Manager Slye, and all our staff offer heartfelt appreciation and gratitude for the wonderful things you have done, and continue to do, for our community. People who voluntarily serve their neighbors and the environment deserve extra special recognition and that’s why we are here tonight. 2. First, I want to say how impressed I have been with the exceptional youth nominations that were submitted this year. I feel blessed to know that we live in a community in which the future generations are so involved in the betterment of the Town. You each serve as an inspiration to us all and I offer my gratitude as I recognize each nominee, individually: First… a. Samantha Ellis – Samantha is a 12 year old with a passion to serve. Not only is she an A+ student at Medlin Middle School, but she always jumps at the chance to volunteer and help others in need. Samantha came to Trophy Club two years ago and immediately began dedicating her free time to volunteering at snack bars during baseball and basketball games, preparing food packs for NISD students once a month, delivering Thanksgiving meals to families in need, working booths at the Trophy Club Pet
Town Council Page 21 of 160 Meeting Date: Monday, May 19, 2014
Fest event, helping to make sleeping mats for the homeless, and even going on a yearly mission trip to a Navajo reservation to offer assistance to those in need. Along with those accomplishments, Samantha has led others in multiple Vacation Bible School opportunities and, I was told she, “brightens a room with her smile.” Thank you Samantha, for your lovely essay and all of the wonderful things you give back to this community. b. Madison Flores –Madison is another exceptional student at Medlin Middle School who picks up trash at Trophy Club Park, volunteers at the concession stand at Independence Park, and participates in various food and toy drives for families in need. At only 13 years old, this compassionate young lady is also thoughtful enough to offer her assistance to her teachers and peers, as well. She participates in Pony Camp, class orientations, and leads tours of the Medlin campus. The very insightful Madison wrote as part of her application essay: “I have been incredibly blessed by teachers, coaches, counselors, and staff members who work tirelessly… As a result, it is very important to me that I give of my time, effort, and resources in order to show my sincere gratitude.” Wow- wonderful job, Madison. c. Brandon Gindt – This young man is a 12th grader at Byron Nelson High School and a true leader. Having spent years assisting on the PTSA Executive Board as the Vice President and currently serving as the Senior Class President, Brandon takes his studentship at Byron Nelson very seriously. He held the position of Junior Vice President in charge of membership for
Town Council Page 22 of 160 Meeting Date: Monday, May 19, 2014
the Board last spring, and was a vital asset to the Taste and Talent Committee as they arranged this fun annual event that the school and community enjoys greatly. When I say that Brandon is exceptional, I am talking about an individual who took his SATs the morning of Taste and Talent and then still headed back to take care of his duties for the event. Brandon was the Chair for the Patriotism Committee who handle the Veteran’s Day celebrations, helped plan the Homecoming events this past year, arranged a student athletics parade to honor his peers headed to State Championships, volunteered in neighborhood cleanup projects, and has shown himself to be a very inspiring young man that we are all very proud of. d. Jessica Hunter – Receiving a Gold Presidential Service Award for the third year in a row, Jessica has performed more than 200 volunteer hours this past year, while maintaining an A average in her 8th grade classes. Twice in 2013 she received the honor of being the National Junior Honor Society Student of the Month for her hard work and dedication to serving her peers and her community. This young lady is very involved in her youth group at Fellowship United Methodist Church and volunteers at the J Ranch in Roanoke, teaching young children about horses and performing many of the difficult tasks that ranch work involves. Jessica serves her community with passion, excitement, and dedication and we are very grateful for all that she has done for Trophy Club.
Town Council Page 23 of 160 Meeting Date: Monday, May 19, 2014
e. Cannon Jackson – This 4th grader serves as an inspiration to us all through his kindness, generosity, respectfulness, and genuine good heart. Not only is Cannon an exceptional athlete at both baseball and basketball, but he exudes teamwork, cooperation, and quiet leadership on the teams he plays for – and his coaches have nothing but good things to say about him. Cannon gives back to his community by helping his peers when they are in need, respecting his teachers, coaches, and other staff at Beck Elementary, and by setting the positive example for other students that true leaders are the humble, supportive heroes that encourage those around them to become better. Thank you for your kindness, Cannon. A community can never have enough of that. f. Brandon Michaelis – Brandon is a very special young man. At 13 years old and a 7th grader at Medlin Middle School, Brandon has already been recognized as an Eagle Scout by the Boy Scouts of America, has won a Presidential Gold Award for his volunteer service, is a member of the National Junior Honor Society, has maintained the requirements to be recognized as a Silver Star Student at Medlin, and volunteered his time to being on the Northwest ISD Board of Trustees. Brandon also is part of the Boy Scouts’ Order of the Arrow, which is a phenomenal program designed to teach the value of servant leadership. His Eagle Scout project last summer led him to work with some of our other exceptional adult community volunteers at Trophy Club park, where he assisted in erecting trail signs in order to guide
Town Council Page 24 of 160 Meeting Date: Monday, May 19, 2014
hikers. Brandon is a model community volunteer and we thank him for his service to Trophy Club. g. Lauren Wintermute – Unfortunately, Lauren couldn’t be here with us tonight to accept her certificate and hear our public recognition of her service. She had a prior commitment to perform in Medlin Middle School’s band concert tonight and, being the dedicated student she is, she kept to her obligation. But because this meeting is recorded and will be posted online, we are pleased to know that she and her family will be able to have access to this presentation. Lauren is an 8th grader at Medlin with a heart of gold. Her teachers describe her empathy for others, her infectious kindness, her genuine selfless manner, and her natural desire to volunteer to help others. Lauren is recognized as a Silver Star Student, maintaining an A average in her advanced classes and dedicating regular volunteer service hours to the community, She is entrusted as a Counselor’s Aide at school, makes bracelets for sick children, assists the North Texas Food Bank in feeding those in need, and helps to make mats for homeless people to sleep on. Lauren is also a very intelligent and thoughtful young lady who wrote, “I am a strong believer that community service… should be done, even if nobody notices what you did.” Thank you Lauren, for your kind and generous spirit and all that you give back. 3. Finally, I am proud to announce the Trophy Club YOUTH Citizen of the Year Recipient. With so many outstanding young people having been
Town Council Page 25 of 160 Meeting Date: Monday, May 19, 2014
nominated for this honor, it was not easy to choose just one to nominate. This young lady is being recognized tonight because of her diversity in service. As a 6th grader at Medlin Middle School, she exceeds both in and out of the classroom. In the past year, this young lady has volunteered at Beck Elementary for their fundraising event, Beckopoly, where she gathered food pantry donations, recorded them, cleaned up afterwards and was instrumental in the event. She has volunteered as a group leader at Fellowship United Methodist Church during their Vacation Bible School and was there to set up and clean up throughout the camp. At Medlin, she volunteered time over her summer to assist teachers with preparing classrooms, checking lockers, setting out textbooks, and doing many tasks that were able to relieve the teachers and staff who were busy preparing for the school year to begin. She helped supervise the Summer Reading Program at the Roanoke Library, volunteered for the St. Francis of Assisi Catholic Church during their summer Vacation Bible School in many roles, one of which was helping the Preschool class of Religious Education, and at Studio A Dance, where she assists coaches with stretching and preparing kids for their tumbling classes. As if all of that isn’t enough, this young lady also has volunteered for the Trophy Club Women’s Club, where she helped with the arts and craft booth for children of soldiers that were being deployed. She has planted flags along Trophy Park Drive and decorated floats for the 4th of July Parade in town, sold maps for the semi-annual Community Garage Sale, and was a greeter during the past Christmas Tour of Homes. Every one of us in this room have benefitted in some way from the service of this young lady, and so I am proud to give the
Town Council Page 26 of 160 Meeting Date: Monday, May 19, 2014
honor of being the 2013 Trophy Club Youth Citizen of the Year to miss
McKenzie Arata. 4. Now, I would like to move on to recognizing the 2013 Trophy Club
Adult Citizen of the Year. Although this Town is blessed to have so many dedicated community servants, this woman was nominated also for her leadership, dedication to Trophy Club, and tireless friendliness. Serving as the Chairwoman to the Town’s Crime Control and Prevention District Board, she has worked many hours to create effective results while fostering, what another Board Member referred to as, “a work-filled, but also very enjoyable,” experience for all. This citizen has volunteered to make this community significantly better by serving on the Parks and Recreation Special Events Committee, and by being an active member of the Trophy Club Emergency Volunteers Association and the Northwest ISD Crimestoppers organization. She has also participated on the Stars and Stripes committee, helping to put together one of the most outstanding July 4th Patriotic celebrations that this community has ever seen. Her neighbors refer to her as, “a strong leader, loyal friend, a passionate resident, and a wonderful mother and wife.” I am proud to recognize and thank Dena Boudreau for helping to make Trophy Club the most exceptional community in North Texas.
5. Thank you again to all of our nominees and to the recognized 2013
Youth and Adult Citizens of the Year. You each serve as an inspiring example to us all to give back to this beautiful community in any way that we can.
Town Council Page 27 of 160 Meeting Date: Monday, May 19, 2014
Attachment C
EDC Strategic Plan
Town Council Page 28 of 160 Meeting Date: Monday, May 19, 2014
TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B
STRATEGIC PLAN
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
EXECUTIVE SUMMARY:
The mission of the Trophy Club EDC 4B is to proactively enact and support initiatives focused around specific key strategic priorities which
will encourage and foster the future economic strength and diversity of the community through the economic vitality of local business.
1. RETAIN & MAINTAIN EXISTING BUSINESS
• Invest directly in existing businesses
o Market availability of funds
o Enact shop local promotions and initiatives
o Provide broader regional marketing
o Help existing businesses better utilize regional
& State resources
o Initiate direct interaction between the EDC 4B
Directors and local businesses
• Subsidize discounts and promotions
• Create funding for Business Advisory Services
• Utilize technology to support communications
and marketing outreach with various audiences
o Update ED page on Town website
o Utilize social media
o Create ED email listserv and newsletter
o Business Programs: Business Spotlight
• Focus on Town aesthetics and capital
improvement opportunities
o Examine needed infrastructure which could
make doing business easier
o Determine beautification enhancements
o Enact signage changes and ongoing revisions
2. TARGET ECONOMIC DEVELOPMENT THAT
REFLECTS TROPHY CLUB & THE REGION
• Seek business opportunities that appeal to
residents
o Shops and stores that compliment Town
demographics
• Target businesses with regional appeal
o Destination shopping
o Entertainment venues
o Unique goods & services
• Uphold priorities of the Town
o Consider reputation of businesses
o Encourage local small business
o Support economic development that aligns
with the long-term vision of the Town
3. RECRUIT NEW ECONOMIC DEVELOPMENT
• Develop TIF and/or other tax incentives
• Provide or subsidize infrastructure
• Encourage a business-friendly environment
o Advocate and streamline development
requirements and processes
o Seek ways to become more user friendly
o Analyze existing systems to determine more
expedient and simpler options
• Assist brokers and developers with recruitment
o Provide merchandising analytics, trade area
information, and other data
o Plan meetings with brokers, developers, and
management companies to build relationships
• Provide and encourage a welcoming forum for
potential economic development opportunities,
initiatives, inquiries, and best practice
information to be discussed
KEY STRATEGIC PRIORITIES
Town Council Page 29 of 160 Meeting Date: Monday, May 19, 2014
Attachment D
Canterbury Hills, May 5, 2014 PowerPoint
(requested to be added to public record by Steve Lenart)
Town Council Page 30 of 160 Meeting Date: Monday, May 19, 2014
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AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2000-06 Paz OF THE TOWN, THE
SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AND
AMENDING THE OFFICIAL ZONING MAP OF THE TOWN BY
CHANGING THE ZONING ON CERTAIN TRACTS OF LAND
DESCRIBED AS A TOTAL OF 62.014 ACRES OF LAND LOCATED
GENERALLY TO THE NORTH AND EAST OF INDIAN CREEK DRIVE,
TO THE NORTH OF THE TROPHY CLUB COUNTRY CLUB GOLF
COURSE, AND TO THE SOUTH OF THE U.S. ARM 'Y CORPS OF
ENGINEER LAND (TOWN LIMITS LINE), ALSO KNOWN AS
CANTERBURY HILLS OUT OF THE M. MEDLIN SURVEY, ABSTRACT
NO. 832; AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ENTITLED "LEGAL DESCRIPTION" (A COpy OF WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN) FROM ITS
CURRENT ZONING OF R-12 AND R-15 SINGLE FAMILY
RESIDENTIAL TO PO PLANNED DEVELOPMENT NO. 31 TO BE
KNOWN AS CANTERBURY HILLS I; PROVIDING THAT SUCH TRACT
OF LAND SHALL BE USED IN ACCORDANCE WITH THE
REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE
AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN;
PROVIDING THAT THE ZONING MAP SHALL REFLECT THE PD
PLANNED DEVELOPMENT NO. 31 ZONING DISTRICT FOR THE
SUBJECT PROPERTY; PROVIDING AND INCORPORATING EXHIBIT
"B" ENTITLED "CONCEPT PLAN"; PROVIDING AND
INCORPORATING EXHIBIT "C" ENTITLED "DEVELOPMENT
STANDARDS"; ESTABLISHING APPLICABILITY; INCLUDING
ARCHITECTURAL AND SITE DESIGN STANDARDS; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING F-INDINGS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SAVINGS; PROVIDING SEVERABILITY; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (hereinafter referred to as 'Town ") is a
Home Rule Municipality acting under its Charter adopted by the electorate pursuant to
Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
SECTION 2,
FINDINGS
Atter due deliberations and consideration of the recommendation of the Planning
and Zoning Commission and the information and other materials received at the public
hearing , the Town Council has concluded that the adoption of this Ordinance and
amendment is consistent with the Comprehensive Land Use Plan and general zoning of
the Town and in the best interests of the Town of Trophy Club, Texas, and of the public
health . safety and welfare .
SECTION 3.
REZONING
A CZO Amended Ordinance No. 2000-06 P&Z of the ToWT1 of Trophy Club , Texas,
the same being the tOwn's Comprehensive Zoning Ordinance , is hereby amended
in the following particulars, and all other articles. chapters, sections, paragraphs,
sentences, phrases and words are not amended but are hereby ratified and
affirmed :
1. Rezoning: The zoning on the La.nd, more particularly described in Exhibit
"A", attached hereto and incorporated herein, is hereby changed from R-12
Single Family Residential and R-11 5 Single FamUy Residential to PD Planned
Development District No. 31 , consisting of approximately 62 .014 acres of
land, for use in accordance with the re.quirements of this Ordinance and all
other applicable ordinanc.es, rules, and regulations of the Town .
Requirements of this Ordinance are more specifically described and set forth
in Exhibits "A", "B", and "C", which are attached hereto and incorporated
herein for all purposes , and shall apply to all 62.014 acres of PD Planned
Development No, 31 .
a . Concept Plan: A concept plan for the Land, and all parts thereof, is
attached hereto as Exhibit ' 6', ·Concept Plan " and incorporated herein
as if copied in its entirety. Such Concept Plan shall be adhered to in
carrymg out the development of the Land in accordance with this
Ordinance. and comp li ance with each and every part of this Ordtnarrce
and such plan shall constitute a condition p recedent to the issuance of
any build ing permit for the Land withl n PD Planned Development Dist ri ct
No. 31 .
b . Development Standards: The development standards for this PO
Planned Development are attached hereto as Exhibit "C', "Development
Standards", and are incorporated herein as if copied in their entirety .
Such standards and regulations include. but are not limited to,
architectural and site design standards and development and design
standards . Such Development Standards shall be adhered to in carrying
out the development of the Land in accordance with this Ordinance, and
Town Council Page 41 of 160 Meeting Date: Monday, May 19, 2014
~
SCALE; t' .. 500'
~..:;MIl,
SHEET
()fJ[; 0il-11-13 CONCEPT PLAN TRACT 1
CANTERBURY HILLS
OUT OF n4[ .
l1li• ..:lUI SJIV['t' AI51lIACI' Ill.. 8M
IN 1\1[
'!OWN OF 1'II01'K't cLill IlIIn'OM COUIIIY. TDAS
..JACOBS
7180 WatOOK Dftlllf: DIoLLAS, 'IX ~n-...,
fIIQI4[ 2'1~41 fM 21 ........0447
~,'-~
~!!Y:IULY.
Town Council
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Septembe r II. 201 2
Mr . Mcrhd4d Moavcdi
BDMR D e:vc:IOJml~LLC
122 1 1-35 East., Suilt 200
arrolltun. TX 75006
RE : Lots I1CU' TCMUD No. I wastewater treatment plan t
r>ear Mr. Moa yedi:
Trophy Club Muoid pal Utlli,y District No. I (the "Olstrlct'1 owns and ope.tates U
wus tewat<:r Iml.lm mt pl l1Ilt III the north eod of £n.dim Cr«k Ori ~:e in Trophy Cl ub. Texas .
T1:J! Wtitl!wan::t t:relltment. plunt !lervc s a IL rummt residen ts and bu sinesses located in
Trophy Club lind the SOlarul complex in Westlake. I~ ni!llru:1 IUllgJ'll?es Lha1 t.hc:rc ~ill
be IS need co l!'<pand !be plilJ]t in lile Illtum to faci litate growth with in (he Distriat's
boundaries. Tbe Dictnet I~ Imerested In purchasing four 14 ) lau (the ''properties'') fl
our bu5lnc.~ dud lite located adjltttDt In lhr plllnt she In ullClw ror Illy neccs~l')' future
expansIOn.. A mop of the pWlIloaltjol1 and the propertil:9 is 8llBehed lIS E xhibit A.
'Il1e Dimkt woul d I1ke to perform a survoy aod apprai sals of lbe prop~rti es I&i1d is
requesting your approval to do so . If you approve th e Dimct's request 10 perform 1I
SUl'VC)' nnd nppruisa.ls. plensc s.ign be lo w and rtlwn this letter !o our office. The Distric t
~ill th en ha ve th o survey and trppralsals performed ~d shart Lhe inform ation wi l11 yo u.
[f yau prefer to diSQJSS this in pem>n, please let me know and [ will be Ilappy to WTaJl ge a
me.:tingwilh you. I can be con lac fed by phone oi (682 ) 1131-4610 fir by emnij III
jmdninh l@uonbyclub.oIg. T hank. you in advuncc fo r yo ur assistance wiLlI tbis maHer
I look fo m1Ud to beerin g from you soon.
tv.J/~
·p,hl ·'~
Appro\'-cd : I 4-II ":l.
Date
TrophyOub Mun
.1 00 Municipal DM, TropbyClUb, T~s 76262
682.831.4600 / FIIX: 8 17.491,9 312
Town Council Page 45 of 160 Meeting Date: Monday, May 19, 2014
De cember 21 . 201 1
Mr. Merbdad Mooyed i
Cell !laton Arne riemJ
122( 1-35 East. Sui(~ 200
CarroUton. 'IX ?5-006
RE.: OtTer rOT Pllrcb~of Land
Dear Mr. Moaredi:
As )'Ou koow Troph y Club Municipal lJlility Distric;t No _ I will be II
Kpaodina the MStcwater ~I'lani. ihat serves aU cu rreut and fu ture Distri ct cusfom.crs,
To cn"~ rnwgb tm.'8. i) IMUlabl c lot both the lfeuJmenl !lJSIOll und to Dlal l Cl.:Q. bulJet..lA~
mtui~.ilir Disl.ricl will need IIoI.IditfuDill properly.
TrophyClult M mdcipal lJti l1 ry Ou trh:t No. 1
100 MuniciDal 0riI.'O. Trophy Club . Texu 76L3 7
(6I2 )UI ~
Town Council Page 46 of 160 Meeting Date: Monday, May 19, 2014
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Attachment E
Letter from Misty Ventura, Legal Counsel for Steve Lenart, dated May 5, 2014
regarding Final Plat for Canterbury Hills Phase 3
Town Council Page 54 of 160 Meeting Date: Monday, May 19, 2014
SHUPE VENTURA LINDELOW & OLSON, PLLCSVLO ATTORNEYS & COUNSELORS
May 5, 2014
Misty Ventura
Attorney
9406 Biscayne Blvd.
VIA E-MAIL Dallas, Texas 75218
214.328.1101 Town of Trophy Club misty.ventura@svlandlaw.com
Attn: Patricia Adams
Town Attorney
100 Municipal Drive
Trophy Club, Texas 76262
Re: Final Plat for Canterbury Hills Phase 3
May 2, 2014 Letter from Robert West
Dear Ms. Adams:
This law firm represents BDMR Development, LLC (the "Owner"), the owner of the property
that is the subject of the pending final plat for Canterbury Hills Phase 3 that the Town Council
will consider on May 5, 2014 (the "Final Plat"). On May 2,2014, Robert West, the attorney for
Trophy Club Municipal Utility District No. 1 (the "MUD") delivered a letter to the Town
opposing the Final Plat. Mr. West's letter makes several assertions regarding the Final Plat,
which are incorrect for the following reasons:
1. Preliminary Plat Validity. The May 2, 2014 letter states that the Canterbury Hills
preliminary plat has expired, reasoning that a preliminary plat, in all circumstances, can
be valid for only a period of one year, subject to a single extension for a maximum of 12
months . The MUD's claim is not supported by the text of the Town's subdivision
ordinance, which recognizes that a preliminary plat does not expire or require reapproval
if final platting is initiated within the first 12 months following preliminary plat approval.
Because the Owner initiated final platting well within the required 12-month period, the
preliminary plat has not expired and does not require reapproval .
The position that initiation of final platting within one year prevents preliminary plat
expiration is not merely staffs practice or procedure, it is the law. Although
correspondence from the MUD to date omits the following language in bold, Section 3 .07
of the Town's subdivision ordinance includes this language, and states in its entirety :
Effective Period. (a) The approval of a Preliminary Plat shall be effective
for a period of twelve (12) nl0nths. In the event that the Final Platting
process has not been initiated by the developer within twelve (12)
Town Council Page 55 of 160 Meeting Date: Monday, May 19, 2014
months from the date of approval of the Preliminary Plat, the
Preliminary Plat shall require reapproval. The entire approval process
including payment of fees will be required. (b) The applicant may receive
one (1) extension of the Preliminary Plat. Upon written request by the
owner at least thirty (30) days prior to the end of the one (1) year period,
the Preliminary Plat shall be placed on the Planning and Zoning
Commission agenda for consideration for extension."
The language in bold is critical to the interpretation and application of Section 3.07(k),
and if Mr. West's interpretation of Section 3 .07(k) were correct, the bold language in
Section 3.07(k) would be meaningless. Under established Texas law, municipal
ordinances shall not be interpreted in a manner that renders language superfl uous or leads
to an absurd result. Therefore, I urge the Town to rej ect Mr. West's suggested
interpretation of Section 3.07(k) that would cause the language in bold to be rendered
meaningless.
2 . P&Z Vote on the Final Plat. Mr. West's May 2,2014 letter also alleges the P&Z voted to
disapprove the plat. Because the motions made by the Planning and Zoning Commission
("P&Z") on April 17, 2014 resulted in tie votes, and approval or disapproval of the Final
Plat by P&Z requires a majority of the members to vote in favor of approval or
disapproval, no action was taken. Therefore, the P&Z did not vote to disapprove the
Final Plat, and any provisions in the Town's subdivision ordinance related to the P&Z's
disapproval of a final plat are inapplicable.
3 . Contract for Sale and Deed. On the one hand, the MUD claims the preliminary plat for
Canterbury Hills has expired. On the other hand, the MUD claims rights through its deed
to the preliminary plat. The MUD's contention that it has rights in a document it claims
has expired is illogical . In any event, the Owner strongly disagrees with the MUD's
claim that it has a right, from the contract for sale or its deed, to access from Sheldon
Drive, and it is not the Town's role to decide this private dispute as part of the platting
process.
The MUD's claims are irrelevant to whether the Final Plat complies with the Town's
subdivision ordinance . The Final Plat complies with all applicable requirements, and
under the Town's subdivision ordinance and state law, the Town Council is required to
approve the Final Plat.
4. Projection of Streets. The May 2, 2014 letter also claims that the Town's subdivision
ordinance requires the Owner to extend Sheldon Drive to the MUD's property. The
Town's staff has already thoroughly explained this issue in its P&Z staff report and the
Town Council staff report for the Final Plat. Because the MUD has existing access, the
Town cannot legally require the Owner to extend Sheldon Drive to the MUD to provide a
2
1270.018\39653.1
Town Council Page 56 of 160 Meeting Date: Monday, May 19, 2014
second point of access. Furthermore, if the MUD were permitted access to Sheldon
Drive, heavy truck traffic from the MUD's treatment plant could be routed through a
single family cul-de-sac, which is not a "proper projection of streets" under any
reasonable interpretation of the Town's subdivision ordinance.
The MUD has failed to demonstrate any valid reason for the Town Council's denial of the Final
Plat under the Town's subdivision ordinance. Following a detailed review of the Final Plat, the
Town staff has concluded that the Final Plat meets all of the applicable regulations. Therefore,
the Town lacks any discretion in the matter, and approval of the Final Plat is required by law.
I plan to attend the Town Council meeting tonight, and I will bring copies of this letter to
distribute to each council member. If you have any questions regarding this matter, please
contact me.
Respectfully,llui ;Q~
Misty Ventura
cc: Patricia Adams, Town Attorney, Town of Trophy Club
Steve Lenart, Lenart Development Company, LLC
3
1270.018\39653 .1
Town Council Page 57 of 160 Meeting Date: Monday, May 19, 2014
Attachment F
The ‘Fugitive’ update
Town Council Page 58 of 160 Meeting Date: Monday, May 19, 2014
Fugitive
Gathering and orientation time set at 8:30 PM with official start at 9 PM.
Media and others on the scene along with a reported 60-80 young people.
Organizer spoke on camera as did Mayor White then organizer and Cmdr. Delk and the
organizer gave the rules of the game that included a warning to stay off private property such as
residents yards and the golf course. They were advised of the closing time for the park (9: 11 PM
- 1 hr. after sunset) and that when they returned to the park to get their vehicles, to depart
without delay.
When the signal to begin was given, about 8:45 PM, young people ran in all directions including
toward the south end of Hogan's Glen, the golf course, and Indian Creek. Offices began
recei ving calls about juveniles running on the street and one in a residential yard, pulling on the
gate of Hogan's Glen on Cypress Court but no one was present when officers arrived. Some
calls were unfounded or were just reporting groups of teenagers with flashlights walking along
sidewalks or in the calming lane.
According to reports, the first game was run with few calls coming in. The second game was run
from Tom Thumb to Byron Nelson High School. This resulted in a few more calls coming in.
That section of town had not experienced the game up until Friday night.
At Byron Nelson. a few administrators were present for an unrelated event and, with the
assistance of the PD, moved all of the young people off of school property. Then game three
began and went to the clock tower.
We received or initiated seven documented calls for service between 8:57 PM and 10:36 PM and
the games ended by about 10:45 PM.
It has been reported that the organizer, who was contacted by an assistant principal at BNHS
while on school property, has stated that he will not organize the game in Trophy Club again.
The PD was represented by two members of our volunteer Citizens On Patrol, two reserve
officers, the SRO, two supervisors, and the on-duty patrol officers.
Town Council Page 59 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1162-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding a Resolution denying the rate increase requested by
Atmos Energy Corp., Mid-Tex Division, under the company's 2014 annual rate review mechanism
(RRM); requiring Atmos to reimburse reasonable ratemaking expenses; authorizing the Town's
participation with Atmos Cities Steering Committee in any appeals filed; and providing an effective
date.
Attachments:Staff Report - Atmos Energy Rate Increase.pdf
RES 2014-19 Atmos.pdf
Memorandum regarding action requited – Denying rate increase.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution denying the rate increase requested by Atmos Energy
Corp., Mid-Tex Division, under the company's 2014 annual rate review mechanism (RRM); requiring Atmos to reimburse
reasonable ratemaking expenses; authorizing the Town's participation with Atmos Cities Steering Committee in any
appeals filed; and providing an effective date.
Town Council Page 60 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Resolution Denying Rate Increase under Second Annual RRM Rate Increase under the
Renewed RRM Tariff
Town Council Meeting, Monday, May 19, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution denying the rate increase
requested by Atmos Energy Corp., Mid-Tex Division, under the company's 2014 annual rate
review mechanism (RRM); requiring Atmos to reimburse reasonable ratemaking expenses;
authorizing the Town's participation with Atmos Cities Steering Committee in any appeals filed;
and providing an effective date.
Explanation:
The Town, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division
(“Atmos Mid-Tex” or “Company”), is a member of the Atmos Cities Steering Committee
(“ACSC”). On or about February 28, 2014, Atmos Mid-Tex filed with the Town an application to
increase natural gas rates pursuant to the Rate Review Mechanism (“RRM”) tariff renewed by
the Town in 2013 as a continuation and refinement of the previous RRM rate review process.
This is the second annual RRM filing under the renewed RRM tariff.
The Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide based on an
alleged test-year cost of service revenue deficiency of $49 million. Of the total amount
requested, almost $37 million is attributable to the affected cities. The Town worked with ACSC
to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to
increase rates. Although a good faith attempt was made by ACSC to reach a compromise with
Atmos Mid-Tex, an agreement was not reached. In the absence of an agreement, the ACSC
Executive Committee and ACSC’s legal counsel have recommended that ACSC members adopt
the attached Resolution denying the rate increase request.
The RRM tariff was adopted by the Town as an alternative to the Gas Reliability Infrastructure
Program (“GRIP”), the statutory provision that allows Atmos to bypass the Town’s rate
regulatory authority to increase its rates annually to recover capital investments. In past years,
cities have been able to reach a compromise with Atmos to reduce the rate impact from the
requested RRM increases, and these compromises have also been lower than the rates that
Atmos would have been entitled to under the GRIP filing. In this case, the Company would have
been entitled to an increase from GRIP of no more than $31.5 million. The magnitude of the
requested increase under the 2014 RRM filing, and the wide differences between it and the
ACSC consultants’ recommendations made a compromise much more difficult and ultimately
Town Council Page 61 of 160 Meeting Date: Monday, May 19, 2014
impossible. The Company demanded more than it would be entitled to if it had filed a GRIP
case. For this reason, the ACSC Executive Committee and ACSC legal counsel recommend that
all ACSC Cities adopt the Resolution denying the requested rate change.
RRM Background
The RRM tariff was originally approved by ACSC Cities as part of the settlement agreement to
resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. In early
2013, the Town adopted a renewed RRM tariff for an additional five years. This is the second
RRM filing under the renewed tariff. This filing was made by agreement less than one year after
the first filing in order for the RRM rate-setting process to hereafter use a calendar year as the
test period.
:
The RRM tariff and the process implementing that tariff were created collaboratively by ACSC
and Atmos Mid-Tex as an alternative to the legislatively-authorized GRIP surcharge process.
ACSC has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any
review of the reasonableness of Atmos’ expenditures, and does not allow participation by cities
or recovery of cities’ rate case expenses. In contrast, the RRM process has allowed for a more
comprehensive rate review and annual adjustment as a substitute for GRIP filings. ACSC’s
consultants have calculated that had Atmos filed under the GRIP provisions, it would have
received additional revenues from ratepayers of approximately $31.5 million.
Purpose of the Resolution
Rates cannot change without the adoption of rate ordinances by cities. No related matter is
pending at the Railroad Commission. The purpose of the Resolution is to deny the rate increase
requested by Atmos. Under the RRM tariff, Atmos may appeal the rate decision of the cities to
the Railroad Commission; such appeal must be filed within thirty (30) days of the Town action.
:
The RRM tariff also allows Atmos to implement its requested rates effective June 1 while any
appeal at the Commission is pending, subject to refunds based upon the outcome of the
appeal. This would represent a monthly increase of approximately $2.02 for the average
residential customer, subject to any refund if the Commission reduces the rates implemented
by Atmos. The actual impact will be slightly less than $2.02 for most residential customers
because the Company has indicated it will not appeal and thus concedes several of the issues
raised by Cities. The Resolution also authorizes the Town to participate as a party to the appeal
in conjunction with the ACSC, and requires the Company to reimburse the Town for its rate
case expenses associated with the Town’s review of the RRM filing, and with the appeal of the
Town’s denial of the rate increase.
The RRM tariff constrains the annual increase in the residential customer charge to no more
than $0.50. The current $17.70 customer charge will be increased to $18.22 per month with the
addition of an energy conservation program surcharge of $0.02. The current $17.70 customer
charge for unincorporated area customers will become $20.32 per month because all of the
increase associated with a GRIP filing, which is applicable to all customers not covered by a
RRM tariff, is placed on the customer charge. However, the commodity charge for
unincorporated residential service will be less than one-half of the commodity charge for
residents of incorporated areas—$0.04172 per Ccf vs. $0.08998 per Ccf.
Rate Impact of Appeal by Atmos Effective June 1:
Town Council Page 62 of 160 Meeting Date: Monday, May 19, 2014
A comparison of rates and rate impact of what Atmos initially proposed in its RRM filing is
reflected in the following chart:
Customer
Class
Current
Bill
New
Bill
Difference
New
Customer
Charge
New
Commodity
Charge
Base
Rate
Increase
Residential 48.09 50.11 2.02 $ 18.22 $0.08998 Ccf 9.41%
Commercial 254.85 260.91 6.06 $ 38.85 $0.07678 Ccf 9.59%
Industrial 4,680.30 4,837.10 156.80 $675.00 declining block 9.70%
Transportation 2,836.84 2,993.64 156.80 $675.00 declining block 9.70%
However, Atmos has indicated that it will not appeal all issues raised by Cities and thus the
impact should be slightly less than what is reflected in the above chart. A precise impact
statement cannot be presented until after the Company’s appeal is filed.
Consultants working on behalf of ACSC Cities have investigated the Company’s requested rate
increase. While the evidence does not support the $45.7 million increase requested by the
Company, ACSC’s consultants agree that the Company can justify an increase in revenues of a
much lesser amount—namely, an increase of only $19 million. The Executive Committee
authorized a settlement value considerably above the consultants’ recommendation but it was
insufficient to meet the Company’s expectation. The Company and ACSC Cities were too far
apart in their positions to reach a compromise, and rather than granting a partial increase that
the Company will not accept, the option remaining is to deny the rate increase request in its
entirety, and participate in the Company’s appeal of this decision at the Railroad Commission.
Reasons Justifying Approval of the Resolution:
Explanation of “Be It Resolved” Paragraphs:
1. This paragraph approves all findings in the Resolution.
2. This section denies the requested rate increase, finds the proposed rates to be
unreasonable and not in the public interest, and finds the existing rates to be just and
reasonable.
3. This section requires the Company to reimburse ACSC Cities for reasonable ratemaking
costs associated with reviewing and processing the RRM application.
4. This section authorizes participation by the Town in conjunction with ACSC in any appeal
filed by the Company at the Railroad Commission, and authorizes ACSC and its counsel to
act on behalf of the Town. This section also requires the Company to reimburse ACSC Cities
for reasonable ratemaking costs associated with any appeal filed by the Company to the
Town’s resolution.
5. This section finds that the meeting was conducted in compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
6. This section is a savings clause, which provides that if any section(s) is later found to be
unconstitutional or invalid, that finding shall not affect, impair, or invalidate the remaining
provisions of this Resolution. This section further directs that the remaining provisions of
the Resolution are to be interpreted as if the offending section or clause never existed.
Town Council Page 63 of 160 Meeting Date: Monday, May 19, 2014
7. This paragraph directs that a copy of the signed Resolution be sent to a representative of
the Company and legal counsel for ACSC.
Attachments:
• Resolution No. 2014-19
• Memorandum regarding action requited – Denying rate increase
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 Resolution No. 2014-19 denying the rate increase requested by
Atmos Energy under the company’s 2014 annual rate review mechanism (RRM) and authorize
the Town's participation with Atmos Cities Steering Committee in any appeals filed.
Town Council Page 64 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB
RESOLUTION NO. 2014-19
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, DENYING THE RATE INCREASE REQUESTED
BY ATMOS ENERGY CORP., MID-TEX DIVISION UNDER THE
COMPANY’S 2014 ANNUAL RATE REVIEW MECHANISM FILING IN
ALL CITIES EXERCISING ORIGINAL JURISDICTION; REQUIRING THE
COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING
EXPENSES PERTAINING TO REVIEW OF THE RRM; AUTHORIZING
THE TOWN’S PARTICIPATION WITH ATMOS CITIES STEERING
COMMITTEE IN ANY APPEAL FILED AT THE RAILROAD
COMMISSION OF TEXAS BY THE COMPANY; REQUIRING THE
COMPANY TO REIMBURSE CITIES’ REASONABLE RATEMAKING
EXPENSES IN ANY SUCH APPEAL TO THE RAILROAD
COMMISSION; DETERMINING THAT THIS RESOLUTION WAS
PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE
TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE;
AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE
COMPANY AND THE STEERING COMMITTEE’S LEGAL COUNSEL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and a regulatory authority
with an interest in the rates and charges of Atmos Mid-Tex; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of approximately 164 similarly situated cities served by Atmos Mid-Tex that have
joined together to facilitate the review of and response to natural gas issues affecting rates
charged in the Atmos Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to
develop a Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review
process controlled in a three-year experiment by ACSC Cities as a substitute to the current Gas
Reliability Infrastructure Program (“GRIP”) process instituted by the Legislature; and
WHEREAS, the Town took action in 2008 to approve a Settlement Agreement with
Atmos Mid-Tex resolving the Company’s 2007 rate case and authorizing the RRM tariff; and
WHEREAS, in 2013, ACSC and the Company negotiated a renewal of the RRM tariff
process for an additional five years; and
Town Council Page 65 of 160 Meeting Date: Monday, May 19, 2014
WHEREAS, the Town passed an ordinance renewing the RRM tariff process for the Town
for an additional five years; and
WHEREAS, the RRM renewal tariff contemplates reimbursement of ACSC Cities’
reasonable expenses associated with RRM applications; and
WHEREAS, on or about February 28, 2014, the Company filed with the Town its second
annual RRM filing under the renewed RRM tariff, requesting to increase natural gas base rates
by $45.7 million; and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing through its
Executive Committee, assisted by ACSC attorneys and consultants, to investigate issues
identified by ACSC in the Company’s RRM filing; and
WHEREAS, ACSC attorneys and consultants have concluded that the Company is unable
to justify a rate increase of the magnitude requested in the RRM filing; and
WHEREAS, ACSC’s consultants determined the Company is only entitled to a $19 million
increase, approximately 42% of the Company’s request under the 2014 RRM filing; and
WHEREAS, the Company would only be entitled to approximately $31 million if it had a
GRIP case; and
WHEREAS, the Company’s levels of operating and maintenance expense have
dramatically risen without sufficient justification; and
WHEREAS, the Company has awarded its executives and upper management increasing
and unreasonable levels of incentives and bonuses, expenses which should be borne by
shareholders who received a 23% total return on investment in 2013; and
WHEREAS, the Company requested a drastically high level of medical expense that is
unreasonable and speculatively based upon estimates; and
WHEREAS, ACSC and the Company were unable to reach a compromise on the amount
of additional revenues that the Company should recover under the 2014 RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and consultants,
recommend that ACSC Cities deny the requested rate increase; and
WHEREAS, the Company’s current rates are determined to be just, reasonable, and in
the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Town Council Page 66 of 160 Meeting Date: Monday, May 19, 2014
Section 1. That the findings set forth in this Resolution are hereby in all things
approved.
Section 2. That the Town Council finds that Atmos Mid-Tex was unable to justify the
appropriateness or the need for the increased revenues requested in the 2014 RRM filing, and
that existing rates for natural gas service provided by Atmos Mid-Tex are just and reasonable.
Section 3. That Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of
the ACSC Cities in processing the Company’s RRM application.
Section 4. That in the event the Company files an appeal of this denial of rate increase
to the Railroad Commission of Texas, the Town is hereby authorized to intervene in such
appeal, and shall participate in such appeal in conjunction with the ACSC membership. Further,
in such event Atmos Mid-Tex shall reimburse the reasonable expenses of the ACSC Cities in
participating in the appeal of this and other ACSC Town rate actions resulting from the 2014
RRM filing.
Section 5. That the meeting at which this Resolution was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code,
Chapter 551.
Section 6. That if any one or more sections or clauses of this Resolution is adjudged to
be unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the
remaining provisions of this Resolution and the remaining provisions of the Resolution shall be
interpreted as if the offending section or clause never existed.
Section 7. That a copy of this Resolution shall be sent to Atmos Mid-Tex, care of Chris
Felan, Manager of Rates and Regulatory Affairs, at Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to ACSC, at
Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725.
Section 8. That this Resolution shall become effective on the date of its passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this
19th day of May, 2014.
_________________________________
Connie White, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town Council Page 67 of 160 Meeting Date: Monday, May 19, 2014
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472-0532
www.lglawfirm.com
M E M O R A N D U M
TO: Atmos Cities Steering Committee
FROM: Geoffrey M. Gay, Georgia N. Crump, Eileen McPhee
DATE: April 28, 2014
RE: Action Required before June 1, 2014 – Resolution Denying Rate Increase under
Second Annual RRM Rate Increase Under the Renewed RRM Tariff
CONFIDENTIAL/ATTORNEY-CLIENT COMMUNICATION
On February 28, 2014, Atmos Energy Corporation-Mid Tex Division (“Atmos” or
“Company”) filed a Rate Review Mechanism (“RRM”) application with each of the Atmos Cities
Steering Committee (“ACSC”) members. In the filing, Atmos alleged a test year revenue
deficiency of $49 million on a total Company basis. Pursuant to the ordinances passed by cities that
renewed the RRM process that was negotiated following the Railroad Commission’s (“RRC”) Final
Order in the 2012 rate case, Atmos was required to make a downward adjustment of at least $3
million to its alleged system-wide cost of service (adjusted each year by a percentage equal to the
total percentage increase in base rate revenue sought in each filing). Thus, Atmos requested $45.7
million in additional revenues.
ACSC consultants filed discovery requests on the Company and produced a report to ACSC
counsel on April 9, 2014. That report concluded that Atmos qualified for a significantly lower level
of rate increase under the RRM tariff—namely the consultants were able to justify only a $19
million increase. The report was provided to Atmos and the ACSC Executive Committee on
April 10
th. The ACSC Executive Committee gave its counsel settlement authority up to $28
million. ACSC and the Company were unable to reach a compromise on the amount of additional
revenues that Atmos should be allowed to recover under the RRM tariff. In a conference call on
April 22, 2014, a quorum of the ACSC Executive Committee
1 unanimously recommended that
ACSC members adopt a resolution denying all rate relief to the Company.Action should be taken
before June 1, 2014.
Attached to this communication please find the following:
1.a Resolution denying the rate increase request; and
2.a Model Staff Report in support of the Resolution.
1 The ACSC Executive Committee includes representatives from Abilene, Arlington, Carrollton, College
Station, Colleyville, Denison, Duncanville, Eastland, Farmers Branch, Flower Mound, Fort Worth, Garland, Grand
Prairie, Haltom City, Irving, Kerrville, Killeen, Lewisville, Mesquite, Plano, Sherman, Waco and Waxahachie.
Town Council Page 68 of 160 Meeting Date: Monday, May 19, 2014
April 28, 2014
Page 2
4400398.1
Unlike the confidential communication, neither the Resolution nor the Model Staff Report
are confidential and may be distributed as you choose.
Anticipate an Appeal
The Company will most certainly appeal this action. Under the RRM tariff, the Company
may appeal the city’s ordinance to the RRC. The filing will be similar but not identical to a
Statement of Intent (“SOI”) filing in which the Company seeks a system-wide rate increase. For
example, under the RRM, there is no examination of the Company’s return on equity or capital
structure and certain elements of the case will be controlled by prior decisions of the Commission.
The RRM tariff also provides that when the appeal is filed, the Company may implement its
requested RRM rates effective on June 1, subject to refund. This equates to a monthly increase of
approximately $2 for the average residential customer. The residential customer charge will
increase $0.52. The tariff also provides that the cities will not advocate for a surety bond in order
for the requested rates to go into effect. The Gas Utility Regulatory Act (“GURA”) gives the
Company thirty (30) days to appeal a municipal rate action to the Commission.
If you have any concerns or questions, please do not hesitate to call Geoffrey (512-322-
5875), Georgia (512-322-5832), or Eileen (512-322-5817).
Town Council Page 69 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1163-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding a Resolution authorizing continued participation with
the Steering Committee of Cities served by Oncor; authorizing the payment of $0.11 per capita to the
Steering Committee to fund regulatory and related activities related to Oncor Electric Delivery
Company, LLC.; and providing an effective date.
Attachments:Staff Report - Oncor Cities Steering Committee.pdf
RES 2014-18 ONCOR Resolution.pdf
Memorandum regarding Action Needed – Membership Assessment Invoice.pdf
Oncor Cities Steering Committee 2013 Year in Review (final).pdf
2014 Oncor Cities Steering Committee Invoice.pdf
List of Oncor Cities Steering Committee Members.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution authorizing continued participation with the Steering
Committee of Cities served by Oncor; authorizing the payment of $0.11 per capita to the Steering Committee to fund
regulatory and related activities related to Oncor Electric Delivery Company, LLC.; and providing an effective date.
Town Council Page 70 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Steering Committee of Cities Served by Oncor
Town Council Meeting, Monday, May 19, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution authorizing continued
participation with the Steering Committee of Cities served by Oncor; authorizing the payment
of $0.11 per capita to the Steering Committee to fund regulatory and related activities related
to Oncor Electric Delivery Company, LLC.; and providing an effective date.
Explanation:
The Town of Trophy Club (“Town”) is a member of a 150-member city coalition known as the
Steering Committee of Cities Served by Oncor. The resolution approves the assessment of an
eleven cent ($0.11) per capita fee to fund the activities of the Steering Committee.
Purpose of the Resolution
The Steering Committee undertakes activities on behalf of municipalities for which it needs
funding support from its members. Municipalities have original jurisdiction over the electric
transmission and distribution rates and services within the city/town. The Steering Committee
has been in existence since the late 1980s. It took on a formal structure in the early 1990s when
cities served by TXU (since renamed as Oncor Electric Delivery Company, LLC) gave up their
statutory right to rate case expense reimbursement in exchange for higher franchise fee
payments. Empowered by city/town resolutions and funded by per capita assessments, the
Steering Committee has been the primary public interest advocate before the Public Utility
Commission, ERCOT, the courts, and the Legislature on electric utility regulation matters for
nearly two decades.
Why this Resolution is Necessary
The Steering Committee is actively involved in rate cases, appeals, rulemakings, and legislative
efforts impacting the rates charged by Oncor Electric Delivery Company, LLC within the Town.
Steering Committee representation is also strong at ERCOT. It is possible that additional efforts
will be necessary on new issues that arise during the year, and it is important that the Steering
Committee be able to fund its participation on behalf of its member cities. A per capita
assessment has historically been used, and is a fair method for the members to bear the
burdens associated with the benefits received from that membership.
I. The Town is currently a member of the Steering Committee; this paragraph authorizes
the continuation of the Town’s membership.
Explanation of “Be It Resolved” Paragraphs
Town Council Page 71 of 160 Meeting Date: Monday, May 19, 2014
II. This paragraph authorizes payment of the Town’s assessment to the Steering
Committee in the amount of eleven cents ($0.11) per capita, based on the population
figure for the Town as shown in the latest TML Directory of Town Officials.
III. This paragraph requires notification to the Chair of the Steering Committee, Jay Doegey,
that the Town has adopted the Resolution.
Attachments:
• Resolution No. 2014-18
• Memorandum regarding Action Needed – Membership Assessment Invoice
• Oncor Cities Steering Committee 2013 Year in Review
• List of Oncor Cities Steering Committee Members
• 2014 Oncor Cities Steering Committee Invoice
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Goal # 3: Strong Partnerships and Community Involvement
Create a positive regional identity
Foster a well informed community
Forge collaborative relationships with other governmental and public entities
Support citizen volunteer opportunities
Promote recreational / active lifestyle opportunities for all ages
Goal #4: Healthy, Picturesque, and Environmentally Sound
Promote recreational / active lifestyle opportunities for all ages
Maintain neat and tidy appearance
Improve property maintenance standards and code enforcement
Develop / Enhance environmental and sustainability standards and programs
Goal #5: Financial and Operational Stewardship
Develop, recognize, and retain quality staff
Implement strong financial management standards
Improve effectiveness and efficiency of operational processes
Maintain / Improve infrastructure and assets
Provide cost-effective services
Deliver responsible customer service
Town Council Page 72 of 160 Meeting Date: Monday, May 19, 2014
Recommendation:
Staff recommends approval of Resolution No. 2014-18 authorizing continued participation with
the Steering Committee of Cities served by Oncor; authorizing the payment of $0.11 per capita
to the Steering Committee to fund regulatory and related activities related to Oncor Electric
Delivery Company, LLC.
Town Council Page 73 of 160 Meeting Date: Monday, May 19, 2014
RESOLUTION NO. 2014-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF 11 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND
REGULATORY AND LEGAL PROCEEDINGS AND ACTIVITIES
RELATED TO ONCOR ELECTRIC DELIVERY COMPANY, LLC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club (“Town”) is a regulatory authority under the Public Utility
Regulatory Act (PURA) and has exclusive original jurisdiction over the rates and services of
Oncor Electric Delivery Company, LLC (Oncor) within the municipal boundaries of the town; and
WHEREAS, the Steering Committee has historically intervened in Oncor (formerly known as
TXU) rate proceedings and electric utility related rulemakings to protect the interests of
municipalities and electric customers residing within municipal boundaries; and
WHEREAS, the Steering Committee is participating in Public Utility Commission dockets and
projects, as well as court proceedings, and legislative activity, affecting transmission and
distribution utility rates; and
WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor; and
WHEREAS, the Steering Committee functions under the direction of an Executive Committee
(whose current members are identified in Attachment 1) which sets an annual budget and
directs interventions before state and federal agencies, courts and legislatures, subject to the
right of any member to request and cause its party status to be withdrawn from such activities;
and
WHEREAS, the Executive Committee in its December 2013 meeting set a budget for 2014 that
compels an assessment of eleven cents ($0.11) per capita; and
WHEREAS, in order for the Steering Committee to continue its participation in these activities
which affects the provision of electric utility service and the rates to be charged, it must assess
its members for such costs.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section I. That the Town is authorized to continue its membership with the Steering
Committee of Cities Served by Oncor to protect the interests of the Town of Trophy Club and
protect the interests of the customers of Oncor Electric Delivery Company, LLC residing and
conducting business within the Town limits.
Section II. The Town is further authorized to pay its assessment to the Steering
Committee of eleven cents ($0.11) per capita based on the population figures for the Town
shown in the latest TML Directory of City Officials.
Town Council Page 74 of 160 Meeting Date: Monday, May 19, 2014
Section III. A copy of this Resolution and the assessment payment check made payable
to “Steering Committee of Cities Served by Oncor” shall be sent to Jay Doegey, Chair, Steering
Committee of Cities Served by Oncor, c/o City Attorney’s Office, Mail Stop 63-0300, P.O. Box
90231, Arlington, Texas 76004-3231.
PASSED AND APPROVED on this the 19th day of May, 2014, by a vote of ______ ayes
and ______ nays at a regular meeting of the Town Council of the Town of Trophy Club, Texas.
______________________________
Connie White, Mayor
ATTEST:
__________________________________
Town Secretary, Tammy Ard
APPROVED AS TO FORM:
______________________________
Town Attorney, Patricia A. Adams
Town Council Page 75 of 160 Meeting Date: Monday, May 19, 2014
Attachment 1
OCSC 2014 Executive Committee Members
Allen Eric Ellwanger, Assistant to City Manager
Arlington Jay Doegey, City Attorney
Burkburnett Trish Holley, Director of Administration
Carrollton Elizabeth Horn, Assistant City Attorney
Cleburne Kim Galvin, Director of Finance
Colleyville Cathy Cunningham, Attorney
Comanche Bill Flannery, City Manager
Dallas Nick Fehrenbach, Manager of Regulatory Affairs & Utility Franchising
Denison Courtney Goodman-Morris, City Attorney
Flower Mound Melanie Harden, Director of General Services
Fort Worth Bridgette Garrett, Director of Budget & Management Services
Frisco Ben Brezina, Assistant to City Manager
Grand Prairie Don Postell, City Attorney
Haltom City Joel Welch, Chief Financial Officer and Assistant City Manager
Irving Carrie Morris, Assistant City Attorney
Lewisville Phil Boyd, Consultant
Mansfield Joe Smolinski, Director of Utility Operations
Mesquite Cynthia Steiner, Assistant City Attorney
Odessa James Zentner, Assistant City Manager
Plano Mark Israelson, Director of Policy and Government Relations
Sherman Brandon Shelby, City Attorney
The Colony Gwen Mansfield, Assistant Finance Director
Tyler Mark McDaniel, City Manager
Waco Jennifer Richie, City Attorney
Watauga Greg Vick, City Manager
Waxahachie Doug Barnes, Director of Economic Development
Town Council Page 76 of 160 Meeting Date: Monday, May 19, 2014
Town Council Page 77 of 160 Meeting Date: Monday, May 19, 2014
Town Council Page 78 of 160 Meeting Date: Monday, May 19, 2014
Steering Committee of Cities
Served by Oncor
2013 Year in Review
Cities Play Active Role at the Texas Legislature in 2013
The 83rd Regular Session of the Texas Legislature concluded on May 27, 2013.
Over 100 bills relating to electric and gas service were filed during the session, including
several bills that would have been harmful for municipalities and their residents and oth-
ers that were beneficial to municipalities. With strong opposition from cities, utilities
were unsuccessful in their attempts to make it more difficult for cities to participate in
rate cases and remove cities’ original jurisdiction through failed House Bills 1148 and
1149.
The PUC was reauthorized through the sunset bill, House Bill 1600, which provided
the PUC with additional oversight authority to protect the electric grid. During discus-
sions of the bill, lawmakers directed the PUC to conduct a cost-benefit analysis before
any transition to a capacity market. Cities will continue to advocate for that cost-benefit
review.
The Texas Coalition for Affordable Power (“TCAP”) was successful with its support of House Bill 500 that specifically
exempts TCAP and other similar political subdivision corporations from making franchise tax filings with the State
Comptroller, reducing needless paperwork for those entities.
Over the objection of municipal coalitions, the Legislature adopted Senate Bill 1364, which limits the Commission’s
discretion over electric utilities’ collection of federal corporate income taxes. Cities opposed the bill because it al-
lows utilities to collect hundreds of millions of dollars to pay the federal taxes of parent companies, even though
the funds are not actually used for that purpose.
In the fall of 2013, OCSC representatives continued promoting the interests of OCSC at the Legislature, visiting numer-
ous legislators and staffers at their local offices. These interim efforts will continue in 2014 as OCSC continues to act as a re-
source for legislators and prepares OCSC’s 2015 legislative agenda.
Steering Committee of Cities Served by Oncor
has Another Active Year in 2013
This 2013 Year in Review of the Steering Committee of Cities Served by Oncor (“OCSC” or “Cities”) highlights a
few of the notable proceedings that OCSC participated in during this past year. Cities, including OCSC, took an active
role during the 83rd Legislative Session. Additionally, OCSC participated in three major rate cases brought by transmis-
sion-only utilities to recover costs associated with the competitive renewable energy zone (“CREZ”) build-out as well as
other rate matters brought by Oncor Electric Delivery Company, LLC (“Oncor”). OCSC also participated in numerous
rulemaking proceedings before the Public Utility Commission (“PUC” or “Commission”), ensuring that the interests of
cities and their citizens were represented. It will likely be another busy year in 2014 for OCSC with more rate cases and
rulemakings being filed and preparing for the 2015 legislative session.
Sincerely,
Jay Doegey, Chairman of the Steering Committee of Cities Served by Oncor
Town Council Page 79 of 160 Meeting Date: Monday, May 19, 2014
OCSC 2013 Year in Review Page2
Transmission-Only Companies Rate Cases
to Recover Costs Associated with CREZ Lines Approved
Docket No. 40020 - Application of Lone Star Transmission, LLC for Authority
to Establish Interim and Final Rates and Tariffs. On November 7, 2012, the
PUC issued a Final Order setting rates for Lone Star Transmission, LLC (“Lone
Star”). Lone Star is a “new entrant,” transmission -only company that was
granted construction and operation of certain CREZ transmission projects.
As Lone Star’s projects are currently under construction, Lone Star had re-
quested a two-phase proposal for rates. The Commission’s Final Order grant-
ed Lone Star a roughly $10 million Phase I revenue requirement, reduced
from the Company’s requested $18 million. The Final Order also granted the
Company $14 million in Phase II revenue requirement, reduced from the
Company’s request of $28 million. On November 27, multiple parties, in-
cluding Cities, the Office of Public Utility Counsel, South Texas Electric Coop-
erative, Inc., Cross Texas Transmission, LLC, and Lone Star filed Motions for
Rehearing. At the January 10, 2013 Open Meeting, the Commissioners granted rehearing, reversing their position on Lone
Star’s excess substation acreage and including the amounts in rate base. The Commission also modified its position on capital
structure, moving to a 55/45 debt/equity capital structure rather than the 60/40 capital structure in the Final Order. Chair-
man Nelson argued that transmission-only utilities have commensurate risk as transmission and distribution utilities (“TDUs”)
and Commissioner Pablos explained his view that Lone Star had a higher risk as a new entrant. Lone Star is expected to have
its next full rate case in 2014.
Docket No. 40604 - Application of Cross Texas Transmission, LLC to Establish Initial Rates and Tariffs. Cross Texas Transmis-
sion, LLC, (“Cross Texas”), like Lone Star, is a new-entrant, transmission-only utility company that was selected to construct
and operate CREZ facilities. In late August 2012, Cross Texas filed an application to establish initial rates and tariffs. Hearing
on that application had been scheduled to begin on November 28. On November 26, the parties announced that a settle-
ment had been reached and a Stipulation detailing the terms of that settlement was filed on November 28, 2012. The settle-
ment set a revenue requirement for Cross Texas at $39.5 million annually—a decrease of 20% from the Company’s requested
rates. The Commission unanimously approved the settlement without discussion at the January 10, 2013 Open Meeting.
Cross Texas is expected to have its next full rate case in 2014.
Docket No. 40606 - Application of Wind Energy Transmission Texas, LLC for
Authority to Establish Initial Rates and Tariffs. The third and final new en-
trant, transmission-only utility, Wind Energy Transmission Texas, LLC
(“WETT”) also filed an application for initial rates and tariffs in late August
2012. On November 26, the parties announced that a settlement had been
reached and requested the case be abated while final settlement documents
were prepared. Parties filed the Stipulation on December 10, 2012. Among
other things, the parties agreed that WETT’s total annual revenue require-
ments would be $41,800,000 for Phase I and $43,500,000 for Phase II. Par-
ties also agreed to a return on equity (“ROE”) of 9.6% and a 60/40 debt/
equity capital structure. The Commission unanimously approved the settlement without discussion at the January 10, 2013
Open Meeting. WETT is expected to have its next full rate case in 2015.
Upcoming OCSC Meetings
Mark your calendars for the upcoming 2014 OCSC Quarterly Meetings:
March 20, June 26, Sept. 18, and Dec. 11.
Town Council Page 80 of 160 Meeting Date: Monday, May 19, 2014
OCSC 2013 Year in Review Page 3
Lloyd Gosselink Rochelle and Townsend, P.C.
816 Congress Avenue Suite 1900
Austin, Texas 78701
Questions?
If you have questions about any Steering Committee matter or
communication, please feel free to contact:
Geoffrey Gay at
(512) 322-5875 or ggay@lglawfirm.com or
Thomas Brocato at
(512) 322-5857 or tbrocato@lglawfirm.com.
They will be happy to answer your question or assist you.
Oncor 2014 Energy Efficiency Cost Recovery Factor
(“EECRF”) Approved by Commission
Docket No. 41544 — On May 31, 2013, Oncor filed its 2014 EECRF application. Utilities are
required to file no later than June 1 of every year to adjust their EECRF to reflect changes in
program costs, bonuses, and to true-up any over– or under– collection of costs resulting
from the EECRF. Last year, the Commission authorized Oncor to recover $72.6 million
through its EECRF. In its latest filing, Oncor sought to collect $72.9 million during 2014. Of
this amount, Oncor proposed to spend $59.5 million on energy efficiency program costs and
$2.3 million on evaluation, measurement, and verification costs. Additionally, Oncor requested $11.6 million for its
2012 performance bonus. After parties reviewed the application, Oncor agreed to reduce its energy efficiency adminis-
trative expenses by $50,000 at the urging of Cities and PUC Staff who believed some of the expenses to be inappropri-
ate. Oncor projects 2014 savings to be 121.9 MW and 225,028 MW.
The PUC Continues to Consider Resource Adequacy Issues
Project No. 40000 - Commission Proceeding to Ensure Resource Adequacy in Texas — Based on prior years’ projec-
tions of the reserve margin, the Commission has undertaken a multi-year review of the wholesale electric market to
determine whether it produces high enough prices to encourage investors to build power plants in Texas. This
“resource adequacy” issue has been the focus of much of the PUC and ERCOT’s activity in 2013. During 2013, the
Commission spent much time considering a mechanism that would establish high prices whenever supplies were
tight. The Commission approved a mechanism called the Operating Reserve Demand Curve (“ORDC”) , which is
scheduled to be implemented in the summer of 2014. Cities supported the ORDC as a less onerous alternative to a
capacity market. Later in 2013, ERCOT acknowledged that its load forecasting has been incorrect, resulting in ERCOT
forecasting a more dire situation than actually exists. Currently, ERCOT is working on fixing these forecasts and ob-
servers believe a new report to be issued in February 2014.
Commission Rulemaking on Rate Case Expenses
On August 7, 2013, the PUC Staff provided notice of a workshop and request for comments
in a rulemaking, Project No. 41622, to propose new P.U.C. Subst. R. 25.245, relating to rate
case expenses. The Steering Committee as well as various other interested parties such as
Oncor, AEP Texas, Lone Star Texas-New Mexico Power Company, Southwestern Public Ser-
vice Company (“SPS”), El Paso Electric Company, LCRA Transmission Services Corporation,
and the Office of Public Utility Counsel filed comments in September 2013. At the Decem-
ber 19, 2013 Open Meeting, Commissioner Anderson asked that consideration of this rule
be delayed until January 9, 2014 to allow for the consideration of two additional issues: (1)
adding an explicit provision to prevent the recovery of costs associated with a party advocating an issue that has
been well settled in precedent and (2) adding a new subsection that would lay out the alternatives the Commission
could consider for reducing rate case expenses based on pursuing issues that have been well settled.
Town Council Page 81 of 160 Meeting Date: Monday, May 19, 2014
Invoice
Date
4/4/2014
Invoice #
14-138
Bill To
City of Trophy Club
Oncor Cities Steering Committee
c/o Jay Doegey, City Attorney
Post Office Box 90231
MS # 63-0300
Arlington, TX 76004-3231
Please make check payable to: Oncor Cities Steering Committee and mail to Oncor Cities Steering Committee, c/o Jay Doegey, Chair, Arlington
City Attorney's Office,PO Box 90231, Mail Stop 63-0300, Arlington, Texas 76004-3231
Total
Item Population Per capita Amount
2014 Membership Assessment 9,627 0.11 1,058.97
$1,058.97
Town Council Page 82 of 160 Meeting Date: Monday, May 19, 2014
STEERING COMMITTEE CITIES SERVED BY ONCOR (150)
Addison
Allen
Alvarado
Andrews
Anna
Archer City
Argyle
Arlington
Azle
Bedford
Bellmead
Belton
Benbrook
Beverly Hills
Big Spring
Breckenridge
Bridgeport
Brownwood
Buffalo
Burkburnett
Burleson
Caddo Mills
Cameron
Canton
Carrollton
Cedar Hill
Celina
Centerville
Cleburne
Coahoma
Colleyville
Collinsville
Comanche
Commerce
Coppell
Copperas Cove
Corinth
Crowley
Dallas
Dalworthington Gardens
DeLeon
De Soto
Denison
Duncanville
Early
Eastland
Edgecliff Village
Euless
Everman
Fairview
Farmers Branch
Fate
Flower Mound
Forest Hill
Fort Worth
Frisco
Frost
Gainesville
Garland
Glenn Heights
Grand Prairie
Granger
Grapevine
Gunter
Haltom City
Harker Heights
Heath
Henrietta
Hewitt
Highland Park
Honey Grove
Howe
Hurst
Hutto
Iowa Park
Irving
Jolly
Josephine
Justin
Kaufman
Keller
Kerens
Killeen
Krum
Lake Worth
Lakeside
Lamesa
Lancaster
Lewisville
Lindale
Little Elm
Little River Academy
Malakoff
Mansfield
McKinney
Mesquite
Midland
Midlothian
Murchison
Murphy
Nacogdoches
New Chapel Hill
North Richland Hills
Oak Leaf
Oak Point
Odessa
O’Donnell
Ovilla
Palestine
Pantego
Paris
Plano
Pottsboro
Prosper
Ranger
Rhome
Richardson
Richland Hills
River Oaks
Roanoke
Robinson
Rockwall
Rosser
Rowlett
Sachse
Saginaw
Seagoville
Sherman
Snyder
Southlake
Springtown
Stephenville
Sulphur Springs
Sunnyvale
Sweetwater
Temple
Terrell
The Colony
Trophy Club
Tyler
University Park
Venus
Waco
Watauga
Waxahachie
White Settlement
Wichita Falls
Willow Park
Woodway
Wylie
Town Council Page 83 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1164-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding a Subdivider's Agreement between the Town and
BDMR Development, LLC for Canterbury Hills, Phase 3, and authorizing the Mayor or her designee to
execute necessary documents.
Attachments:Staff Report - TC 051914 - Subdividers Agreement.pdf
Subdivider's Agreement - Canterbury Hills Phase 3.pdf
Attachment A - Construction Estimates.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Subdivider's Agreement between the Town and BDMR Development,
LLC for Canterbury Hills, Phase 3, and authorizing the Mayor or her designee to execute necessary documents.
Town Council Page 84 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: Carolyn Huggins, Community Development Director
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Subdivider’s Agreement – Canterbury Hills, Phase 3
Town Council Meeting, May 19, 2014
Agenda Item:
Consider and take appropriate action regarding a Subdivider's Agreement between the Town
and BDMR Development, LLC for Canterbury Hills, Phase 3, and authorizing the Mayor or her
designee to execute necessary documents.
Explanation:
The final plat of Canterbury Hills, Phase 3 was approved by Council on Monday, May 5, 2014.
The Subdivider’s Agreement for the infrastructure construction of Canterbury Hills, Phase 3 is
attached for the Council’s review and approval. Attachment “A” of the Subdivider’s Agreement
consists of the construction estimates, which determines the amount due for inspections (5% of
the project’s total construction estimate). Attachment “B” of the Subdivider’s Agreement
consists of the construction documents and are not included with the Council’s packet.
Attachments:
Subdivider’s Agreement
Attachment A – Construction Estimates
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 85 of 160 Meeting Date: Monday, May 19, 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:
Staff recommends approval of the Subdivider’s Agreement for Canterbury Hills, Phase 3.
Town Council Page 86 of 160 Meeting Date: Monday, May 19, 2014
CANTERBURY HILLS
PHASE 3
SUBDIVIDER'S AGREEMENT
An AGREEMENT between the Town of Trophy Club, Texas (hereinafter referred
to as the "TOWN") and BDMR Development, LLC acting by and through its duly
authorized representative (hereinafter referred to as the "DEVELOPER"), for the
installation of public improvements and facilities within the town limits of Trophy Club,
Texas, for Canterbury Hills, Phase 3, more particularly described as a tract of land
consisting of approximately 20.716 acres of land, hereinafter being referred to
collectively as the "PROJECT," and such public improvements being more particularly
described in Section II of this AGREEMENT. It is understood by and between the
parties that this AGREEMENT is applicable to the lot(s) contained within the Final Plat
as presented to TOWN Staff on December 12, 2013 and to the offsite improvements
necessary to support the PROJECT, more particularly described in Section II of this
AGREEMENT. It is further agreed that this AGREEMENT, when properly signed and
executed, shall satisfy the requirements of the TOWN’S Subdivision Regulations.
I. GENERAL REQUIREMENTS
A. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a registered public surveyor licensed to practice in the State of
Texas to prepare a final plat of the PROJECT. The Project is planned to be
platted for Single Family Residential together with allowed incidental and
accessory uses. The Project received preliminary plat approval from the
Town on December 3, 2007.
B. It is agreed and understood by the parties hereto that the DEVELOPER has
employed a civil engineer licensed to practice in the State of Texas for the
design and preparation of the plans and specifications for the construction of
all public improvements and facilities described in Section II and covered by
this AGREEMENT. Unless otherwise specified herein, such plans and
specifications shall be in accordance with the TOWN’S "Design Standards
for Paving, Drainage and Utility Improvements" and the North Central Texas
Council of Governments’ (NCTCOG) Standard Specifications for Public
Works Construction, as presently adopted.
C. The DEVELOPER shall award its own construction contract for the
construction of all PROJECT street, sanitary sewer, and other drainage
public improvements and facilities for the completion of the Project. The
DEVELOPER agrees to employ a construction contractor(s) who is approved
by the TOWN, said contractor(s) to meet TOWN and statutory requirements
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
Town Council Page 87 of 160 Meeting Date: Monday, May 19, 2014
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
D. Prior to the execution of this Agreement, the commencement of construction,
the filing of the Final Plat, or the issuance of any building permits, the
DEVELOPER shall present to the TOWN a performance bond(s), payment
bond(s) and maintenance bond(s), meeting the requirements of Chapter
2253 of the Texas Government Code. Each bond shall individually
guarantee and agree to pay an amount equal to one hundred percent
(100%) of the value of the construction costs (as determined by the TOWN
Engineer) for all public improvements and facilities to be constructed by or on
behalf of the Developer for the Project. Any surety company through which a
bond is written shall be a surety company duly authorized to do business in
the State of Texas, provided that the TOWN, through the Town Attorney,
shall retain the right to reject any surety company as a surety for any work
under this or any other SUBDIVIDER’S AGREEMENT regardless of such
Company’s authorization to do business in Texas. Approvals by the TOWN
shall not be unreasonably withheld or delayed.
1) As an alternative to providing a surety bond for performance and a surety
bond for maintenance as specified hereinabove, Developer may provide
financial assurances for performance and maintenance in the form of a
cash deposit, a certificate of deposit, or irrevocable letter of credit.
Provided however, that such alternative financial assurances shall only be
allowed if each meets all requirements specified in Section 7.2 of the
Town of Trophy Club Subdivision Regulations. All such alternative
financial assurances must be on forms approved by the Town Attorney.
2) As an alternative to the Developer providing a performance bond,
payment bond, and maintenance bond, as specified above, Developer
may provide financial assurances for performance, payment and
maintenance from a single general contractor for the Project, provided
that such assurances meet all other requirements specified hereinabove
and the Town is named as a dual obligee on each such bond.
Additionally, such alternative financial assurances shall only be allowed if
each meets all requirements specified in Section 7.2 of the Town of
Trophy Club Subdivision Regulations. All such alternative financial
assurances must be on forms approved by the Town Attorney.
E. The performance bond(s) shall be submitted in statutory form guaranteeing
the full and faithful completion of the facilities and improvements required
under this Agreement for completion of the PROJECT to the TOWN and
provide for payment to the TOWN of such amounts up to the total remaining
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
Town Council Page 88 of 160 Meeting Date: Monday, May 19, 2014
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a period of two (2) years following acceptance
of the public improvements and facilities by the TOWN, in an amount equal
to one hundred (100%) percent of the value of the construction costs of all
the public improvements and facilities to be constructed under this
Agreement in respect to the Project.
G. Any guarantee of performance, maintenance, or payment instrument (e.g.,
performance bond, payment bond, maintenance bond, letters of credit,
and/or cash deposit or the like) (individually a “Guarantee” or collectively the
“Guarantees”) submitted by or through the DEVELOPER on a form other
than the one which has been previously approved by the TOWN as
"acceptable" shall be submitted to the Town Attorney at the DEVELOPER'S
expense, and construction of the Project shall not commence until the Town
Attorney has approved such Guarantees. Approval by the TOWN (and the
Town Attorney) shall not be unreasonably withheld or delayed. All such
Guarantees shall be maintained in full force and effect until such time as the
DEVELOPER has fully complied with the terms and conditions of this
AGREEMENT as agreed to in writing by the TOWN, and failure to keep
same in force and effect shall constitute a breach of this AGREEMENT.
Failure to maintain performance and payment Guarantees meeting the
requirements of this AGREEMENT shall result in a stop work order being
issued by the Town. Additionally, all Guarantees furnished hereunder which
expire prior to the completion of construction or applicable warranty periods
shall be renewed in amounts designated by the TOWN and shall be
delivered to the TOWN and approved by the TOWN on or before the tenth
(10th) banking day before the date of expiration of any then existing
Guarantee. If the DEVELOPER fails to deliver any Guarantee to the TOWN
within the time prescribed herein, such failure shall constitute a breach of this
AGREEMENT and shall be a basis for the TOWN to draw on all or any
portion of any existing Guarantee in addition to any or all other remedies
available to the TOWN. The DEVELOPER further agrees to release and
forever hold the TOWN harmless from any losses, damages and/or
expenses incurred by the DEVELOPER for any delays due to the TOWN'S
review of any Guarantee which is in a form other than one which has been
previously approved by the TOWN. The TOWN requires the DEVELOPER
to have all Guarantee forms approved prior to the commencement of work
and construction of improvements.
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
Town Council Page 89 of 160 Meeting Date: Monday, May 19, 2014
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$694,197.50 for the cost of public improvements and facilities for this Project.
The detailed cost estimates are a part of this AGREEMENT and are attached
hereto as "Attachment A" and incorporated herein. The TOWN shall not
accept any construction improvements outside of the Project and the two (2)
year warranty for such improvements shall not commence until all
construction activities are completed and accepted by the TOWN.
J. Upon TOWN’S approval and acceptance of the final plat and the engineering
plans, the final plat shall be recorded with the County Clerk of Denton
County. Except as specifically provided herein, no building permits shall be
issued for any lots in the Project until the final plat is filed and the public
improvements and facilities specified herein are completed and accepted by
the TOWN.
K. The DEVELOPER, DEVELOPER'S contractors (prime, general and major
subcontractors) and TOWN, as well as any other third party deemed
necessary by the Town, shall participate in a pre-construction conference
prior to the initiation of any work. At or prior to the pre-construction meeting,
Developer shall provide the TOWN with the following documents: 1) One (1)
copy of all executed construction contracts; 2) List of all
contractors/subcontractors and their project assignments; 3) Five (5) sets
(and additional sets as necessary for any contractors) of approved
construction plans and specifications. This list of contractors/ subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
Developer shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
Town Council Page 90 of 160 Meeting Date: Monday, May 19, 2014
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
as specifically provided herein, TOWN shall not issue any building permits
until all public improvements and facilities are completed in accordance with
this Agreement.
P. After completion and prior to acceptance of all work, the DEVELOPER must
furnish to the TOWN an affidavit of all bills paid.
Town of Trophy Club Teague, Nall & Perkins
Mike Slye, Town Manager Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682-831-4600 Phone: 817-336-5773
Fax: 817-490-0705 Fax: 817-336-2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
Town Council Page 91 of 160 Meeting Date: Monday, May 19, 2014
Q. Developer is responsible for development of a Homeowners Association
(HOA) and Developer/HOA is responsible for maintenance of all common
areas.
II. PUBLIC IMPROVEMENTS AND FACILITIES TO BE CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”. Except as expressly provided otherwise,
DEVELOPER, and when applicable, Homeowners Association shall be
responsible for the construction and maintenance of all improvements and
facilities for the Project:
1) Water Distribution System (shall be owned and maintained by the
TOWN/MUD, as applicable, after final acceptance).
2) Sanitary Sewer System (shall be owned and maintained by the
TOWN/MUD, as applicable, after final acceptance).
3) Drainage and Storm Sewer System (shall be owned and maintained by
the TOWN/MUD, as applicable, after acceptance).
4) Street Paving.
5) Landscaping (none in this phase).
6) Fences/Walls/Retaining Walls (shall be owned and maintained by the
individual property owner).
7) Signs – Shall comply with Sign Regulations.
8) Driveways and Walkways – DEVELOPER shall construct driveway
access to Common Area 1 (parkland dedication). Location of driveway to
be determined by Parks Director.
9) Lights – Street lights shall be as designated on street light layout plan
approved by TOWN and submitted to Oncor.
10) Common Area to become Dedicated Parkland – Lot 18A, Block F
designated on the plat as “Common Area 1” shall be dedicated to the
Town as parkland in order to fulfill parkland dedication requirements as
set forth herein (hereinafter “Parkland”). The Subdivider’s Agreement for
Canterbury Hills, Phase 2, requires the DEVELOPER to provide an
access easement, until the public streets are constructed to the
Parkland, which shall allow the TOWN to directly access the Parkland.
With completion of construction of Canterbury Hills, Phase 3, the
Parkland shall be accessible via Sheldon Drive/Abbot Lane negating the
necessity for an easement. With final acceptance of Phase 3,
DEVELOPER shall be released from the requirement for an access
easement.
Dedication of Parkland shall be fulfilled by DEVELOPER conveying to
the TOWN Lot 18A, Block F, designated as “Common Area 1”, as shown
on the Final Plat of Canterbury Hills, Phase 3 as approved by Council on
May 5, 2014. DEVELOPER shall provide a survey for the Parkland,
Town Council Page 92 of 160 Meeting Date: Monday, May 19, 2014
shall provide a title policy and shall convey clear title to the Parkland
within thirty (30) days after the date of Council approval of this
AGREEMENT.
The parties agree and understand that DEVELOPER’s dedication of
Parkland hereunder satisfies parkland dedication requirements for the
PROJECT and for Waters Edge at Hogan’s Glen Phases 2 and 3 and
the remainder of the Canterbury Hills Subdivision Phases 1 and 2 as
shown on the preliminary plat. In the event that DEVELOPER fails to
convey the Parkland in accordance with this AGREEMENT, work on the
PROJECT shall be stopped and shall not recommence nor shall any
building permits be issued until the Parkland is conveyed to TOWN in
accordance with this AGREEMENT.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, two (2) sets of as-builts/record drawings shall be
submitted to the TOWN within two (2) months following the acceptance of
the public improvements and facilities.
3. Testing
The Developer shall provide all geotechnical and materials tests required
by the TOWN Engineer and TOWN Inspector at the DEVELOPER’S cost
in accordance with Section 7.03 of Article 7, Chapter 12 of the Town’s
Code of Ordinances. Such tests shall be conducted by an independent
laboratory acceptable to the Town.
4. Permits
The DEVELOPER shall pay a Community Facilities inspection fee in the
amount of $34,709.88 (5% of $694,197.50) to cover the cost of TOWN
inspection fees as related to the construction of the Project. The
Developers may be obligated to pay other TOWN fees as set forth in the
TOWN’S Schedule of Fees, as may be amended from time to time. The
DEVELOPER shall be responsible for obtaining any other permits which
may be required by other federal, state or local authorities.
5. PD-31 Zoning
Developer shall construct and maintain all improvements in accordance
with the TOWN’S Planned Development No. 31 (PD-31) ZONING
ORDINANCE, in addition to all other Town ordinances.
Town Council Page 93 of 160 Meeting Date: Monday, May 19, 2014
III. GENERAL PROVISIONS
A. The DEVELOPER agrees to furnish and maintain at all times prior to the
TOWN’S final acceptance of the public improvements and community
facilities for the Project, an owners protective liability insurance policy naming
the TOWN as insured for property damage and bodily injury in the amounts
as follows: Coverage shall be on an “occurrence” basis and shall be issued
with a combined bodily injury and property damage minimum limit of
$600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability of
the DEVELOPER, his engineer, employees, officers or agents with respect
to the construction of any of the PROJECT’S improvements or facilities, or
for the accuracy and competency of the PROJECT’S improvements and
facilities design and specifications prepared by the DEVELOPER'S
consulting engineer, his officers, agents, servants or employees, it being the
intent of the parties that the approval by the TOWN Engineer signifies the
TOWN'S approval on only the general design concept of the improvements
and facilities to be constructed. The DEVELOPER shall release, indemnify,
defend and hold harmless the TOWN, its officers, agents, servants and
employees, from any demands, actions, causes of action, obligations, loss,
damage, liability or expense, including attorneys fees and expenses, on
account of or with respect to damage to property and injuries, including
death, to any and all persons which may arise out of or result from any
defect, deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S Engineer’s
designs and specifications incorporated into any improvements and facilities
constructed in accordance therewith, and the DEVELOPER shall defend at
his own expense any suits or other proceedings brought against the TOWN,
its officers, agents, servants or employees, or any of them, on account
thereof, and pay all expenses and satisfy all judgments which may be
incurred or rendered against them or any of them in connection herewith. All
responsibility and liability for drainage to adjacent and downstream
properties from development of this PROJECT shall accrue to the
DEVELOPER.
D. Liability for construction. The DEVELOPER, its successors, permittees,
permitted assigns, vendors, grantees and/or trustees do hereby fully release
and agree to indemnify, hold harmless and defend the TOWN, its officers,
agents, servants and employees from all losses, damage liabilities, claims,
obligations, penalties, charges, costs or expenses of any nature whatsoever,
Town Council Page 94 of 160 Meeting Date: Monday, May 19, 2014
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN shall not issue a Building
Permit for any lot until the public facilities and improvements identified in
Items 1, 2, 3, 4, and 7, of Section II (A) above (referred to in this paragraph
as “Partial Improvements”) are completely constructed to the satisfaction of
the TOWN Engineer or his agent and in accordance with the stamped
approved Construction Plans (Final Completion). Upon Substantial
Completion of the Partial Improvements, a “punch list” of outstanding items
shall be presented to the Developer’s contractor(s) indicating those
outstanding items and their deficiencies that need to be addressed for Final
Completion of the Partial Improvements. Upon Final Completion of the
Partial Improvements, the Town shall issue Building Permits for ten (10)
percent of the 51 homes proposed to be constructed in this PROJECT in
accordance with the terms of this section. The Town shall process those
permit applications based upon date and time of the filing of each permit
application; provided however that permits shall only be issued for the first
five (5) applications for Building Permits that meet all requirements of
applicable regulations and for which all applicable fees are timely paid.
DEVELOPER shall complete Items 5, 6, 8, 9, and 10 listed in Paragraph II
(A) herein (referred to in this paragraph as “Improvements” within 180 days
of the final acceptance of the Partial Improvements. The TOWN shall not
issue a Letter of Acceptance or certificates of occupancy for this PROJECT
until all public facilities and improvements listed in Paragraph II (A) are
completely constructed to the satisfaction of the TOWN Engineer or his agent
and in accordance with the stamped approved Construction Plans (Final
Completion). However, upon Substantial Completion, a “punch list” of
outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements for this PROJECT.
F. Neither this Agreement nor any part hereof or any interests, rights, or
obligations herein, shall be assigned by the DEVELOPER without the
express written consent of the TOWN Council.
G. All work performed under this AGREEMENT shall be completed within
eighteen months from the date hereof. In the event the work is not
completed within the eighteen (18) month period, the TOWN may, at its sole
election, draw down or otherwise exercise it rights under or with respect to
any Guarantee provided by the DEVELOPER and complete such work at
DEVELOPER'S expense; provided, however, that if the construction under
this AGREEMENT shall have started within the eighteen (18) month period,
Town Council Page 95 of 160 Meeting Date: Monday, May 19, 2014
the TOWN may agree to renew the AGREEMENT with such renewed
AGREEMENT to be in writing and in compliance with the TOWN policies in
effect at that time. Notwithstanding the foregoing, in the event that the
performance by either party of any of its’ obligations or undertakings
hereunder shall be interrupted or delayed by any occurrence and not
occasioned by the conduct of either party hereto, whether such occurrence
be an act of God or the common enemy or the result of war, riot, civil
commotion, or sovereign conduct, then upon written notice of such
occurrence, such party shall be excused from performance for a period of
time as is reasonably necessary after such occurrence to remedy the effects
thereof, and each party shall bear the cost of any expense it may incur due to
the occurrence.
H. This Subdivider's AGREEMENT shall be construed in accordance with the
Town of Trophy Club, Texas Subdivision Regulations and all other applicable
ordinances. Any conflicts between the provisions of this Subdivider’s
AGREEMENT, the TOWN'S Subdivision Regulations, Town Ordinances, and
State and Federal law, shall be construed in favor of the Town’s ordinance(s)
as allowed by law, subject to Chapter 245 of the Local Government Code.
To the extent that any such conflict exists, only that portion of the
Subdivider’s AGREEMENT which is in conflict shall be severable from the
other provisions of the AGREEMENT, and such conflict shall in no manner
affect the validity or enforceability of the remaining provisions.
I. All rights, remedies and privileges permitted or available to the TOWN under
this AGREEMENT or at law or equity shall be cumulative and not alternative,
and election of any such right, remedy or privilege shall not constitute a
waiver or exclusive election of rights, remedies or privileges with respect to
any other permitted or available right, remedy or privilege. Additionally, one
instance of forbearance by the Town in the enforcement of any such right,
remedy or privilege, shall not constitute a waiver of such right, remedy or
privilege by the Town. A default under this Agreement by the TOWN shall
not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by the TOWN.
Town Council Page 96 of 160 Meeting Date: Monday, May 19, 2014
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
By:
Date:
By:
Project Manager
Date:
TOWN OF TROPHY CLUB:
By:
Connie White, Mayor
Date: ______________________
ATTEST:
___________________________
Tammy Ard, Town Secretary
APPROVED AS TO FORM:
____________________________
Patricia A. Adams, Town Attorney
Town Council Page 97 of 160 Meeting Date: Monday, May 19, 2014
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1121-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/24/2014 Town Council
On agenda:Final action:5/19/2014
Title:Recognition of current Business Spotlight Partner: DATCU Credit Union in Trophy Club; discussion of
same.
Attachments:Staff Report - Business Spotlight.pdf
Business Spotlight Promotion Examples.pdf
Business Spotlight Article - May 2014.pdf
Action ByDate Action ResultVer.
Recognition of current Business Spotlight Partner: DATCU Credit Union in Trophy Club; discussion of same.
Town Council Page 100 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: April Reiling, Public Information Officer & Marketing Manager
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Business Spotlight Partner: DATCU Credit Union in Trophy Club
Town Council Meeting, Monday, May 19, 2014
Agenda Item:
Recognition of current Business Spotlight Partner: DATCU Credit Union in Trophy Club.
Explanation:
DATCU Trophy Club is the first local business to be featured as a monthly Business Spotlight
partner, a program developed by the Economic Development Corporation 4B (EDC 4B) Board
and Town Staff. The Business Spotlight program is an initiative that features a local Trophy Club
business each month in various ways, including homepage real estate on the Town website, an
article on TC Exchange, mentions in the weekly E-News Blasts, an article in the monthly ‘Around
the Town’ newsletter and various mentions on Town social media sites (Facebook & Twitter).
The Business Spotlight program is part of the EDC 4B Strategic Plan to support local businesses
by offering free promotion and exposure through Town communication channels. Businesses
are featured on a first come, first serve basis.
Attachments:
• Business Spotlight Promotion Examples
• Business Spotlight Article – May 2014
Town Council Goals:
Goal #1: Safe and secure community.
Maintain low crime rate
Increase citizen awareness and involvement in crime prevention
Provide superior Emergency Services
Improve data security
Goal #2: Business-Friendly Economic Development
Create effective working relationships with businesses and developers
Retain / Develop existing businesses
Promote new commercial opportunities
Town Council Page 101 of 160 Meeting Date: Monday, May 19, 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:
No recommendation required.
Town Council Page 102 of 160 Meeting Date: Monday, May 19, 2014
Business Spotlight flag located on left side of Home page & Business Page
Town Council Page 103 of 160 Meeting Date: Monday, May 19, 2014
When clicked, Business Spotlight flag opens with graphic and
lead in to TC Exchange article
Town Council Page 104 of 160 Meeting Date: Monday, May 19, 2014
Example of Business
Spotlight Facebook post
Town Council Page 105 of 160 Meeting Date: Monday, May 19, 2014
Business Spotlight article in Around the Town Newsletter
Town Council Page 106 of 160 Meeting Date: Monday, May 19, 2014
Trophy Club Business Spotlight Partner
DATCU Credit Union – May 2014
May 1, 2014 TC Exchange article --- Inside the Trophy Club
Tom Thumb grocery store, just beyond the entrance and
past the deli seating area, something amazing is going on.
Residents and credit union members are depositing checks,
people are meeting with financial advisors about personal
loans, families are being approved for mortgages, and
investment decisions are being weighed and discussed. As
a full-service financial institution in a compact and
convenient location, the Trophy Club DATCU provides a special service in this community.
What is a credit union?
A credit union is quite different from most banks. Users aren’t simply customers at the Trophy Club
DATCU, rather, individuals who utilize services become member owners. The credit union is
overseen by a Board of Directors, elected by the Credit Union membership, who volunteer their time
to ensure the financial soundness, stability, and growth of the Credit Union. This Board establishes
Credit Union policies and makes decisions that benefit the member / owners as a whole.
Perhaps the most important aspect of DATCU is that it isn’t a large operation with a multitude of
branches, moving users through at a streamlined and impersonal pace. With ten convenient branch
locations in the region, spanning from Denton where the credit union was born, to Flower Mound,
Lewisville, The Colony, Aubrey, Decatur, Sanger, and Trophy Club, DATCU is focused on this area
of DFW and knows what residents of this region need. That is why each person who opens an
account at the Trophy Club DATCU will receive personalized attention from employees focused on
building long-term relationships with members.
This not-for-profit business wants to know you
and your family and be there for all of the major
life changes that occur and require financial
wisdom. If Trophy Club residents are ready to
purchase a house, start a family, buy a new car,
plan for retirement, or simply set up a savings
plan for a fun summer vacation, Tiffany
Stamness, DATCU Trophy Club Branch Manager,
is there to help! With an energetic smile,
determined desire to help, and an expansive
knowledge of financial enterprises, Tiffany and
her staff are committed to helping Trophy Club
residents succeed.
“We at DATCU pride ourselves on genuine and caring
member service along with great products and services for
our membership. We at the Trophy Club branch look forward
to helping you with your future financial needs.” – Tiffany
Stamness, DATCU Trophy Club Branch Manager
(Trophy Club DATCU Staff, Left to Right: Yousef Ismail- Assistant Branch Manager, Natalie Beech-
Teller, Amanda Martinez- Teller, Julia Barks- Lead PSR, Tiffany Stamness- Branch Manager) Town Council Page 107 of 160 Meeting Date: Monday, May 19, 2014
DATCU believes in family and community: employees are given generous time off and incentivized
to volunteer through the Giving Heart Program, while community engagement efforts are a top
priority for the credit union. Hosting 5K & Fun Runs, such as the DATCU Dash planned for May 3,
2014, providing annual complimentary Shred Days for members wanting to safely destroy sensitive
information, participating in local mentorship programs for at-risk youth, offering a Skip A Payment
Program for times when a loan payment might be difficult to make, partnering with local venues to
provide children’s programming- these are just a few of the many ways that DATCU shows their
dedication to the communities and people they serve.
Originally founded as a teacher’s credit union back in 1936, DATCU now offers membership to
anyone living or working in Denton, Wise, Cooke, Montague, or Clay counties.
The Trophy Club DATCU is more than just your typical bank. They are a member of the community,
staffed with enthusiastic employees waiting to know your name. So stop by and have a chat to get to
know why the DATCU credit union is “The New Way to Bank.”
DATCU Trophy Club
101 Trophy Lake Drive (Inside Tom Thumb)
Phone: 972-906-8270
Fax: 817-491-5924
Email: Tstamness@datcu.org
Main Website: www.datcu.org
Facebook: www.facebook.com/DATCUCreditUnion
Twitter: www.twitter.com/DATCU
YouTube: www.youtube.com/user/DATCUCR
LinkedIn: www.linkedin.com/company/DATCU-credit-union
Hours of Operation:
Monday – Friday 9:00 a.m. – 6:00 p.m. Extended Hours for Trophy Club Location!
Saturday 9:00 a.m. – 3:00 p.m. Extended Hours for Trophy Club Location!
Sunday CLOSED
If you would like your business featured in the Business Spotlight, please email Alora
Wachholz, Economic Development & Marketing Coordinator to find out more!
Town Council Page 108 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1166-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding a Resolution repealing that portion of Section 2 of
Resolution No. 2013-22 ("Annual Appointment Resolution") appointing citizens to serve on the Ethics
Commission, adopting a new Resolution appointing citizens to serve on the Ethics Commission and
reaffirming existing appointments; and providing an effective date.
Attachments:Staff Report - Ethics Commission Appointments.pdf
RES 2014-23 Repealing 2013-22 - Ethics Commission Filling Vacancies.pdf
Stephen Flynn - Ethics Commission Application.pdf
Roddy Metroka - Ethics Commission Application.pdf
Tom Setser - Ethics Commission Application.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution repealing that portion of Section 2 of Resolution No. 2013-
22 ("Annual Appointment Resolution") appointing citizens to serve on the Ethics Commission, adopting a new Resolution
appointing citizens to serve on the Ethics Commission and reaffirming existing appointments; and providing an effective
date.
Town Council Page 109 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Ethics Commission Appointments
Town Council Meeting, Monday, May 19, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution repealing that portion of Section 2
of Resolution No. 2013-22 ("Annual Appointment Resolution") appointing citizens to serve on
the Ethics Commission, adopting a new Resolution appointing citizens to serve on the Ethics
Commission and reaffirming existing appointments; and providing an effective date.
Explanation:
On Wednesday, April 30, 2014 a Town Council Subcommittee consisting of Mayor Pro-Tem,
Jeannette Tiffany and Council Member Greg Lamont met and interviewed three applicants to
fill three vacancies on the Ethics Commission.
The Ethics Ordinance provides the following:
C. Term of Office. The Commission members shall be appointed to three (3) year staggered
terms. Position 1 shall serve an implementation term which shall expire on September 30 of
2012. Position 2 shall serve an implementation term which shall expire on September 30 of
2013. Alternate members and Position 3 shall serve as alternates for an implementation
term which shall expire on September 30 of 2014. After each such implementation term
expires, the term of office for each position shall be three (3) years. No member shall serve
for more than two (2) consecutive full terms. Implementation terms shall not be counted as
full terms.
The recommendations from the Town Council Subcommittee are:
• Ronald Eddins – Mr. Eddins will continue to serve in Position 1 until 2015.
• Tom Setser – Appoint Mr. Setser who currently serves as an alternate with a term expiring
in 2014 to fill vacant position number 2 which will expire on September 30, 2016.
• Stephen Flynn – Appoint Mr. Flynn to serve in Position 3 which will expire on September 30,
2014. The subcommittee recommends that he be reappointed for a full 3 year term upon
expiration of this term.
• Roddy Metroka – Appoint Mr. Metroka to serve as an Alternate for the Ethics Commission
for the remainder of the unexpired term ending on September 30, 2014.
Town Council Page 110 of 160 Meeting Date: Monday, May 19, 2014
Attachments:
• Resolution 2014-23
• Applicants
o Stephen Flynn
o Roddy Metroka
o Tom Setser
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 Resolution 2014-23 repealing Section 2 of Resolution 2013-22
(“The Annual Appointment Resolution”) appointing Tom Setser, Stephen Flynn and Roddy
Metroka to serve on the Ethics Commission and reaffirming existing appointment of Ronald
Eddins.
Town Council Page 111 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014–23
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS REPEALING THAT PORTION OF SECTION 2 OF
RESOLUTION NO. 2013-22 (“THE ANNUAL APPOINTMENT
RESOLUTION”) APPOINTING CITIZENS TO SERVE ON THE ETHICS
COMMISSION AND ADOPTING A NEW RESOLUTION FILLING
VACANCIES ON THE COMMISSION AND REAFFIRMING EXISTING
APPOINTMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 23, 2013, the Town Council of the Town of Trophy Club
adopted Resolution No. 2013-22, appointing citizens to serve on various Town Boards,
Commissions, and Corporations, including the Ethics Commission; and
WHEREAS, since appointments were made pursuant to Resolution No. 2013-22,
volunteers have applied to fill three (3) vacant seats on the Ethics Commission
(“Commission”); and
WHEREAS, a subcommittee of the Town Council met and interviewed three
applicants to fill the vacancies on the Commission; and
WHEREAS, having reviewed applications submitted, the Town Council hereby finds
it appropriate to repeal the portion of Section 2 of Resolution No. 2013-22 making
appointments to serve on the Ethics Commission and to adopt this Resolution filling
vacancies on the Commission and reaffirming previous appointments to the Commission;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. The Town Council of the Town of Trophy Club, Texas does hereby
repeal that portion of Section 2 of Resolution No. 2013-22, appointing persons to serve on
the Ethics Commission and adopts this Resolution appointing persons to fill three (3)
vacancies on the Commission and reaffirming all other appointments.
Section 2. That the Town Council hereby appoints and/or reaffirms as
applicable, the following individuals to serve on the Ethics Commission with respective
terms of service ending on September 30 of the year specified below for each
individual:
Ethics Commission
1. Ronald Eddins (2015) Alt. Tom Setser (2014)
2. Vacant (2016) Alt. Vacant (2014)
3. Vacant (2014)
Town Council Page 112 of 160 Meeting Date: Monday, May 19, 2014
Section 3. This Resolution shall take effect from and after its date of passage in
accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas
on this 19th day of May, 2014.
________________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
__________________________________
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
____________________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 113 of 160 Meeting Date: Monday, May 19, 2014
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BOARD and COMMISSION APPLICATION
Please check the appropriate Board, Commission, or Advisory
~ Ethics Commission
Name:
Address:
How Long?* ---"d-~7,-----+-v....:...-(.::...-~_ Phone (Home):
/
Cell Phone:
Registered Voter? ~Yes
Occupation, ExperiencelDegrees Held?
Why do you want to serve on this group?
E-mail:
7
Do you have any potential conflicts of interest? _..!..tU-=--:d=--________-+__________
Do you have any related experience?
What do you feel you have to offer this group?
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application
is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each em pi yee or official of a govemmental
body and each former employee and official of a govemmental body shall choose whether to allow public access to the information
in the custody of the govemmental body that relates to the person's home address, home telepho e number, and e-mail address.
Each employee and official and each former employee and official shall state their choice the Town Secretary's office.
Please indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes 1<.' No
Yes.,.c No
Yes No ~X-=--_
Yes No
Official Si natureb ~/IC 1'/
Date Subrhitted 7 I
"Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six months. Board nd commission members must be
Trophy Club residents for at least six months as well as registered voters prior to their appointment. ith the exception of the Planning
and Zoning Commission, Zoning Board of Adjustment and the Economic Development Boards, base upon good cause shown, Council
may waive the voter registration requirement for a person appOinted to a Board, Commission, or Citi en Advisory Group that does not
make recommendations for Council approval. The technical expertise of applicants may be a conside ation in gaining appOintment.
DJJL ---::------:
Received by: --r:,4_.!:.../:...L.......:........;_+----'--'-=--+-"':.=..L4-____
Town Council Page 118 of 160 Meeting Date: Monday, May 19, 2014
Roddy C. Metroka
1 Pin Oak Ct.
Trophy Club, TX 76262
Home: 817-491-5954
Cell:
rcmetroka@sbcglobal.net
SUMMARY OF OUALIFICATIONS
I have thirty-eight years of experience as a systems specialty engineer responsible for reliabili , availability,
maintainability and integrated logistics support for equipment developed by defense contractor and fielded by the US
military. Spent 23 years with Gould, Texas Instrument and Raytheon providing design support for weapon systems such as
Army FCS GSI, Army Javelin, Army Excalibur, Army ITAS/IBAS, Marine Corp ITSS and FEr and various Navy towed
array sonars. Generated and reviewed numerous test and integration plans for military systems and equipment. Developed
equipment test plans (Qualification Test Plans, Reliability Growth Plans, Reliability Demonstr4tion Plans, Highly
Accelerated Life Test) and generated test reports for the same types of integration and test. Re$ponsible for monitoring and
evaluating system field testing for Javelin and Excalibur. Participated in system/equipment testing activities at Army
ranges and test facilities, such as Aberdeen Proving Ground, White Sands Missile Range, Picatinny Arsenal, Fort Hunter
Liggett and Fort Huachuca.
I spent 15 years as a US Army Civil Servant working for TECOM and ECOM supporting the tl velopment and test of new
Army equipment.
WORK HISTORY
RETIRED in April 2011
Raytheon -NCS FCS GSI LCSA IPT Lead Apr 2003 -Apr 2011
• Work in an MSI environment within the Boeing LSI FCS Program with reporting to the Being ISR Program
Management. Serves as the focal point between Boeing LSI & US Army and GSI Progra . Management and other
GSI IPTs with respect to Design Support, safety, human factors, parts control, affordabilit)f). • Primary function is Lead for the Life Cycle Supportability/Affordability (LCSA) IPT with responsibility for leadership
and guidance associated with Design Support for EOIlR, radar, and acoustic ground sensors. Provides overall
technical oversight of 6 full-time engineers and 1 part-time engineer during the execution <ilf GSI LCSA IPT tasks. • Secondary function is to serve as Cost Account Manager (CAM) for LCSA IPT responsibi,ity for reporting weekly
EVMS, generating BCR, generating/approving BOEs and generating/approving cost estim~tes. Ensures that LCSA
IPT activities are properly identified in the program ETC. Current budget for LCSA IPT i$ approx. $18M for the SDD
Phase.• Continue to maintain a very good rapport with the customer Boeing LSI, with US Army P~BCT RAM-T and ground
sensor developer (GSD) personnel. Communicates Design Support status and achieveme to other GSI IPTs as well
as GSI management. • Ensures that SOW/SDRL and CI Spec requirements for Design Support are flowed down GSDs and that the GSD
designs are capable of meeting the requirements • Provides technical guidance and leadership to GSD IPTs that have similar functional resp nsibility as the GSI LCSA
• IPT
Attend or coordinate attendance at LSI-sponsored Technical Interchange Meetings, Worki g Group meetings and other
functional technical data exchange meetings
• Participates and presents at both GSI and GSD Program Monthly Reviews guidance for se or information presented at
the annual FCS Summits, working Groups and Technical Interchange Meetings.
• Ensures that LCSA IPT activities are accomplished on time (IMS) and on budget (lAW IEVMS).• Assisted with initial IPDS tailoring after the FCS GSI Contract Award. • Participates in and presents at major program reviews (SFR, SRR, PDR & CDR). Reviews and provides comment on
the GSD presentation material for major program reviews. Generates and presents Design Support information/status
at gate reviews/independent reviews. Develops and presents artifacts for major program r,views • Member of the GSI Risk Board responsible for identifying GSI risks and mitigation steps ~nd reviewing and approving
GSD risks and mitigation associated with Design Support tasks. Currently, tracking and reporting the completion of
mitigation steps for 2 GSI Risks and monitoring approx. 5 GSD Risks
• To date, have participated and presented Design Support status and tasks at Gate 2 through Gate 6, as well as numerous
Gate 4's associated with contract Change Requests. Also, participated and presented at Independent Reviews.
Town Council Page 119 of 160 Meeting Date: Monday, May 19, 2014
. ..
Raytheon -ES Combat Systems -Reliability Lead Apr 2001 Apr 2003
• Served as the Combat Systems (CS) lead reliability engineer and obsolete parts engineer. the CS programs include 2
developmental programs and 5 production/field programs. .
• Provided overall reliability technical guidance to 8 reliability engineers and 2 technical support specialist. Provided
guidance and assistance to the reliability engineers assigned to the CS factory PET conce ing methods to show the
amount of cost avoidance obtained by implementation of corrective actions.
Raytheon -RMS Javelin JV -Reliability Lead
Jul1999 -Apr 2001
• Member of the transfer team that moved the Javelin Program from Lewisville to Tucson in 1999. Responsible for
establishing factory FRACAS for the new production facility.
• Provided factory FRACAS and other reliability failure analysis procedures to Fokker in th Netherlands as they
became an FMS supplier for Javelin FTT. i
• Served as a Section Manager for RMS RMSS Department with responsibility for providing performance evaluations
and compensation inputs for approx 25 reliability engineers. .
• Traveled to BGT in Germany to discuss and resolve FMECA issues for the joint Air Forcei& Navy
(USntaly/Germany) HARM Precision Navigation Upgrade Program !
• As lead reliability for the RaytheonlLockheed Martin Joint Venture built a strong technical and trust relationship
among the Program Managers and IPT Leads within the Army PMO, Lockheed Martin Missile Company and
Raytheon .
Texas Instruments -DSG Reliability May 1986 Jul1999
• Generated the Reliability and Qualification Test portions of winning proposal for XM-982 (Excalibur) Guided 155mm
Projectile. Supported the early developmental test firings in support of design of Obturato and control fins for the
projectile. Excalibur is currently fielded in Operation Iraq Freedom.
• Supported the generation Reliability portion of the winning proposal for A WS-M (Javelin anti-tank weapon system.
Provided reliability support from Proof of Principal through Full Scale Development and n into both Low Rate Initial
Production and Full Rate Production. Supported Javelin reliability calculations and impro. ements during the
successful completion of DT II, FSDE and IOT&E. Javelin successfully used by Army in Operation Iraq Freedom.
Gould Reliability Section Mgr Feb 1985 -May 1986 I
• Served as a Section Manager responsible for approx. 8 reliability engineers and 3 reliability technicians. Provided
performance and compensation inputs to Engineering Dept Mgr.
• Had responsibility for the operation and staffing of a Reliability & Materials Laboratory.
• Provided narrative text and cost estimates for proposals submitted to Navy for towed area lonars.
Dept of the Army General Engineer Ju11969-Feb 1985
• Army TECOM -Performed Reliability & Logistic Support independent analyses of non-ajor Army developmental
programs, such as missile systems, electronic warfare systems, radios and maintenance su port vans. Responsible for
planning, implementing, monitoring, evaluating government-conducted Developmental T sts
• Army ECOM -Performed various reliability, maintainability and supportability tasks for rmy radio communication
equipment in the field.
EDUCATION
Fairleigh-Dickinson University M.S. Operation Research Teaneck, NJ
University of Pittsburgh B.S. Electrical Engineering Pittsburgh, PA
Town Council Page 120 of 160 Meeting Date: Monday, May 19, 2014
1 \ Town of Trophy Club ('\
BOARD, ~MITTEE and COMMISSION APPLICWON
Please check the appropriate Board, Comrnission, or Advisory Groups{s)
IJ America Supporting Americans (ASA) .at Ethics Commission
IJ Citizens Financial Advisory Board IJ Parks and Recreation Board
IJ Economic Development Corporation 4A IJ Planning and Zoning Commission **
IJ Economic Development Corporation 4B IJ Zoning Board of Adjustment
** Additional Application Form Required
We strongly encourage that a brief resume be submitted along with the application.
Name: E-mail:
Address:
How Long?* ;)., y ('1' r Phone (Home): (Work):
Registered Voter? I Yes I.No Certificate Number:
Occupation, Experience/Degrees Held? ... SfeCi~ { A~e.--I £1. s: Sec.re..t S'e('v,'c. ~J {is. AA.
Why do you want to serve on this group? :r e~e { I.. C#&dl( "f¥-~ So_e=fC;..t~S -Iv
1'ht-~M.N'\.I'S' '>lj~/ Co N.1II\tA..lVdr
Do you have any potential conflicts of interest? _~/If--=-_O_N~z..::::.:..________________
Do you have any related experience? L serVI·c.~ re.l~ e,~IC.S Cq""rse ~/'1'""",-~,~
.~v.e,t (pV fA,..,itlt.rfl'I'fy e:t""~'(.., d..d.I/IStlfy -\:;> ..111.10(. ,,..., cu/(&::,e..
What do you feel you have to offer this group? AN' I~",,"rft#l. ( Se.-r~ \If-f='..u ~.IS ~
If.('" yrr fJt: e.sc~-e(,~~ "--J "'" SpeG-~l &"-'T IV ~ttJ'S.r:
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included Vv'ith this application is considered public record and
must be released if a request is made. According to Govemment Code Section 552.024 each employee or official of a governmental
body and each former employee and official of a governmental body shall choose whether to allow public access to the information
in the custody of the governmental body that relates to the person's home address, home telephone number, and e-mail address.
Each employee and official and each former employee and official shall state their choice to the Town Secretary's office. Please
Indicate with an X your decisions.
ALLOW PUBLIC ACCESS
Home Address Yes
Home Phone Number Yes
E-mail Address Yes
~~
Official Signature Officla,1 Name (Plea0rint)4 1o.nn llYJ. t;J.,futy
Date Submitted IveCl by
*Applicant Requirement for Boards or Commissions
Applicants for boards or commissions must be registered voters and residents for six months. Board and commission
members must be Trophy Club residents for at least six months as well as registered voters prior to their appointment.
With the exception of the Planning and Zoning Commission, Zoning Board of Adjustment and the Economic Development
Boards, based upon good cause shown, Council may waive the voter registration requirement for a person appointed to a
Board, Commission, or Citizen Advisory Group that does not make recommendations for Council approval. The technical
expertise of applicants may be a consideration in gaining appointment.
last Revision: March 16. 2011 Town Council Page 121 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1074-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:4/1/2014 Town Council
On agenda:Final action:4/7/2014
Title:Consider and take appropriate action regarding a Resolution of the Town Council authorizing an
economic development project with Old Town Development and the Trophy Club Economic
Development Corporation 4B in accordance with a proposed term sheet; designating terms of the
project and providing an effective date. (First Reading May 5, 2014)
Attachments:Staff Report - EDC 4B Project Resolution.pdf
RES 2014-17 - EDC Project with OTD.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution of the Town Council authorizing an economic development
project with Old Town Development and the Trophy Club Economic Development Corporation 4B in accordance with a
proposed term sheet; designating terms of the project and providing an effective date. (First Reading May 5, 2014)
Town Council Page 122 of 160 Meeting Date: Monday, May 19, 2014
To: Mayor and Town Council
From: Stephen Seidel, Assistant Town Manager
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: EDC-4B Project Resolution – Second Reading
Town Council Meeting, Monday, May 19, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town Council authorizing an
economic development project with Old Town Development and the Trophy Club Economic
Development Corporation 4B in accordance with a proposed term sheet; designating terms of
the project and providing an effective date. (First Reading May 5, 2014)
Explanation:
The Resolution is the second of the required two readings of an economic incentive resolution
approving the EDC-4B’s ability to participate for the proposed restaurant package. The
Resolution is only the authorization by the Town Council to allow the EDC-4B to enter into an
agreement with Old Town Development. It does not bind or obligate the EDC-4B or the Town to
enter an agreement to provide funding. Ultimately, a Developer’s Agreement will need to be
considered and approved by the Town, EDC-4B, and TIRZ#1 to implement the incentive
package.
Attachments:
• Resolution 2014-17
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 123 of 160 Meeting Date: Monday, May 19, 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:
Staff recommends approval of Resolution 2014-17 authorizing an economic development
project with Old Town Development and the Trophy Club Economic Development Corporation
4B in accordance with a proposed term sheet; designating terms of the project
Town Council Page 124 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014-17
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, AUTHORIZING AN ECONOMIC DEVELOPMENT PROJECT
WITH OLD TOWN DEVELOPMENT AND THE TROPHY CLUB ECONOMIC
DEVELOPMENT CORPORATION 4B IN ACCORDANCE WITH A PROPOSED
TERM SHEET; PROVIDING THAT THE TOWN COUNCIL SHALL HAVE TWO
SEPARATE READINGS OF THIS RESOLUTION PRIOR TO TROPHY CLUB
ECONOMIC DEVELOPMENT CORPORATION 4B UNDERTAKING SUCH
PROJECT; DESIGNATING TERMS OF THE PROJECT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, recognizes the need
to attract and retain economic development projects; and
WHEREAS, the construction of commercial properties such as the restaurants proposed
by Old Town Development (hereinafter “Project”) will promote new and expanded business
development and create jobs, which will be beneficial to the Town, and will also increase the
sales tax revenue to the Town and the EDC4B; and
WHEREAS, OTD is currently in negotiations with various restaurants on a proposed
Project on the site identified as 2900 Block of ST HWY 114; and
WHEREAS, the EDC4B currently has funds available and will continue to have funds
sufficient to meet the obligations requested for EDC4B’s participation in the Project as specified
in the proposed Term Sheet, a copy of which is attached hereto and incorporated herein as
Exhibit “A”; and
WHEREAS, the Town of Trophy Club believes it to be in the best interests of the Town of
Trophy Club and its’ residents to pursue the Project with funding specified in Exhibit “A”; and
WHEREAS, because the Project has been determined to serve the best interests of the
Town, this Resolution shall be read at the regular meeting of the Trophy Club Town Council held
on May 5, 2014 and at the regular meeting of the Town Council held on May 19, 2014; and
WHEREAS, at the May 19, 2014 Town Council meeting, should the Council vote to adopt
this Resolution, the EDC4B will then be authorized to take all necessary actions to undertake
the Project; and
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the facts and recitations contained in the preamble of this Resolution
are hereby found and declared to be true and correct and are adopted as part of this Resolution
for all purposes.
Section 2. That the Town Council of the Town of Trophy Club having had two separate
readings of Resolution No. 2014-17, and having allowed the public opportunity to comment on
the proposed Project as specified in Exhibit “A”, finds that the Project serves the best interests
of the Town and therefore should be authorized. Town Council Page 125 of 160 Meeting Date: Monday, May 19, 2014
Section 3. That upon EDC4B’s acceptance of the Project, an agreement memorializing
the terms specified in Exhibit “A” between Old Town Development and EDC4B, may be
developed and executed.
Section 4. That a substantial copy of the proposed Term Sheet for the Project is
attached hereto and incorporated herein as Exhibit “A”.
Section 5. That the passage of this Resolution is only an expression of the
authorization of the Town for the EDC4B to enter into an agreement with Old Town
Development and does not evidence a binding obligation on EDC4B or the Town to enter into
an agreement to provide funding for the Project unless the nature and quality of such Project is
approved for economic development incentives and the terms of such agreement are approved
by EDC4B and the Town Council.
Section 6. 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
19th day of May, 2014
____________________________________
Connie White, Mayor
Town of Trophy Club, Texas
ATTEST:
___________________________
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
___________________________
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 126 of 160 Meeting Date: Monday, May 19, 2014
EXHIBIT A
TERM SHEET FOR A PUBLIC-PRIVATE PARTNERSHIP
Between
THE TOWN OF TROPHY CLUB, TEXAS (“TOWN”),
TAX INCREMENT FINANCING DISTRICT #1 (TIRZ #1)
THE TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B (“EDC”)
And
OLD TOWN DEVELOPMENT (“OTD”)
1. Background: OTD seeks to purchase an approximately 5.4 acre tract of land generally
located in the Town between the Baylor Medical Center and Trophy Wood Drive and
proposes to construct development consisting of 3 – 4 restaurants which will generate ad
valorem and sales tax revenue to the Town.
2. Proposed Development and Obligations: OTD proposes to develop the Property in
accordance with PD-34 and all other Town ordinances and to timely comply with each of
the following development standards for the project (the “Development”):
a. Purchase approximately 5.4 acres to develop 3 – 4 high quality restaurants as
specified below.
b. For incentive purposes, the price per acre for the land shall not exceed $7.25/ft for
a maximum total purchase price of $1,705,374.
c. Make all public and private improvements which shall exceed $3,000,000
appraised value in accordance with the time frames set forth below.
d. Each restaurant must sign, at minimum, a lease with a 10 year initial term.
e. Construct two restaurants and obtain a Certificate of Occupancy for both within 24
months of Town approval of the final Developer’s Agreement. Construct a third
restaurant and obtain a Certificate of Occupancy within 36 months of Town
approval of the final Developer Agreement.
f. Comply with all other requirements set forth below.
3. Estimated Appraised Value and Gross Sales Generation: The eventual Estimated
Appraised Value and Gross Sales production of the Proposed Development is anticipated
to be at least $12.8 Million per year within 5 years of receiving their first two Certificates
of Occupancy. The estimated property tax and sales tax generation to the Town is
estimated to be $250,000 per year within 5 years of receiving both of their first two
Certificates of Occupancy.
4. EDC Obligations: Pursuant to a Chapter 380 sales tax reimbursement agreement, the
EDC will designate a portion of their annual budget to pay OTD an amount not to exceed
$1,705,374 (purchase price excluding interest) upon OTD’s compliance with all
conditions set forth in this section. EDC shall have the rights and remedies set forth
below, and all payments shall be contingent upon OTD’s compliance with each of the
following conditions:
a. Upon OTD’s closing on the purchase of the Property and execution of a
Developer’s Agreement, EDC shall pay OTD monthly payments in the amount of
$11,731.08, for a period of twenty-four (24) months with a total annual payment
not to exceed $140,773 to OTD for a period of twenty (20) years, which amount is
the equivalent of principle and interest for the property purchased by OTD at a
price of $7.25/SF for lump sum payment in an amount not to exceed $1,705,374 Town Council Page 127 of 160 Meeting Date: Monday, May 19, 2014
purchase price for approximately 5.4 acres (the “Property”). OTD is solely
responsible for any purchase price that exceeds either the $7.25/ft or $1,705,374.
OTD and Town, at the sole discretion of Town, shall structure the purchase
agreement for the Property such that Town has the right to step into OTD’s shoes
as the purchaser of the Property and/or OTD is required to transfer title to the
Property to Town if upon EDC’s payment of $281,546, OTD has failed to obtain
two (2) Certificates of Occupancy for two separate restaurant sites. All payments
made by Town to OTD shall be paid directly to the mortgage holder for satisfaction
of OTD’s loan to purchase the Property.
b. The EDC has the right to pay the total principle amount to OTD at any time during
the agreement term without penalty, as well as make additional principle payments
without penalty.
c. The EDC shall have the Right of First Refusal if OTD desires to sell the Property
with or without infrastructure improvements during the term of the Developer
Agreement. Additionally, should OTD desire to sell the Property, the EDC shall
have the right to approve any and all future purchasers of property during the term
of the Developer Agreement.
d. The EDC shall have 1st lien status until a construction loan is obtained by OTD and
then the EDC shall retain 2nd lien status.
e. If OTD fails to obtain a Certificate of Occupancy for a third restaurant site within 36
months after the approval of the Developer Agreement, all obligations of EDC
hereunder shall terminate. All time periods to obtain Certificates of Occupancy
begin when the Developer Agreement is approved by the Town Council. The
Developer Agreement will terminate with no further payment of any kind by EDC to
OTD, if at the expiration of 36 months after the date of Town Council approval,
OTD has failed to timely comply with every term of the Developer Agreement
and/or has failed to obtain at least three (3) Certificates of Occupancy for three
restaurant sites within thirty-six (36) months after approval of the Developer
Agreement. Town’s right to purchase or require transfer of the Property shall also
be available at the end of the thirty-six (36) month period if OTD fails to comply.
f. If OTD ceases to exist or files for bankruptcy, the EDC shall be excused from
making any future payments to OTD, and all agreements shall terminate as
allowed by law.
g. OTD shall ensure that a minimum of 100 Full Time Employees (FTE) are
maintained or 192,000 work hours are maintained annually for the restaurant sites
continuously. This standard shall be met by OTD within forty eight (48) months
from the date of the approval of the Developer’s Agreement and shall continue
until the date of termination of the Developer’s Agreement.
h. OTD may request additional time for compliance of its obligations hereunder
based upon good cause for force majeure or other causes of delay as determined
acceptable by Town.
5. TIRZ #1 Obligations: The TIRZ shall reimburse eligible expenses contingent upon the
following conditions:
a. OTD shall be eligible for up to $1,500,000 for eligible public improvements
including, but not limited to, curb and gutter, concrete parking, site lighting,
landscaping, public utilities, permit fees, sidewalks, site preparation, engineering
and interest carry.
Town Council Page 128 of 160 Meeting Date: Monday, May 19, 2014
b. OTD shall have “first priority” of revenue and payment from TIRZ #1 at a
percentage rate not to exceed 73% of total increment revenue generated from the
entire TIRZ #1.
c. No TIRZ payment shall be made to OTD until such time as a Certificates of
Occupancy for two (2) separate restaurants have been obtained by OTD and
payment will only be made if both Certificates of Occupancy are issued within 24
months following the date of Town approval of the Developer’s Agreement.
Subsequent payments are contingent upon receiving a third restaurant Certificate
of Obligation with 36 months of the date of date of Town approval of the
Developer’s Agreement. The Agreement will terminate with no obligation to TIRZ if
24 months have passed from the date of the Developer’s Agreement and a
Certificate of Occupancy for two (2) separate restaurants has not been issued.
Likewise, TIRZ shall have no additional obligations if 36 months have passed from
the date of the Developer’s Agreement, and a Certificate of Occupancy for a third
restaurant site has not been obtained by OTD.
d. If OTD ceases to exist or files for bankruptcy, the TIRZ shall be excused from
making any future payments to OTD, and all agreements shall terminate as
allowed by law.
e. During years 6-20 after the date of Town approval of the Developer’s Agreement,
if a restaurant is vacant for a period of twelve (12) months + one (1) day without
either one or a combination of the following occurrences: Letter Of Intent, Building
Permit, or Certificate of Occupancy, the TIRZ payment shall be reduced by the
total proportional contribution to the TIRZ (ad valorem & sales tax) by the former
restaurant’s highest incremental value generated. For Example, if the restaurant
generated $10,000 to the TIRZ and the total TIRZ payment due to OTD was
$20,000, then the $20,000 payment would be reduced by $10,000.
f. Upon issuance of a Certificate of Occupancy for two restaurant sites within 24
months, OTD shall be entitled to a $400,000 payment from the Town as part of the
total $1,500,000 TIRZ incentive. The TIRZ shall repay the Town $400,000 from
27% of the total increment revenue generated by the TIRZ, including interest if
desired by the Town. The Town shall share “first priority” of revenue and payment
with OTD at the designated percentage rates.
g. TIRZ reimbursement shall occur annually on a date agreed upon by the parties.
Town Council Page 129 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1173-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Town Council Liaison Updates; discussion of same.
* CFAB, May 12
* EDC 4B, May 12
* Park Board, May 13
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same.
* CFAB, May 12
* EDC 4B, May 12
*Park Board, May 13
Town Council Page 130 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1175-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional
meetings; discussion of same.
* Chamber Luncheon, May 6
* Mayor's Panel, May 7
* Northwest Community Partnership Meeting, May 14
* Metroport, May 15
Attachments:
Action ByDate Action ResultVer.
Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of
same.
* Chamber Luncheon, May 6
* Mayor's Panel, May 7
* Northwest Community Partnership Meeting, May 14
* Metroport, May 15
Town Council Page 131 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1167-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding an Ordinance canvassing the returns of the May 10,
2014 Joint General and Special Elections for the purpose of electing (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, to elect one (1) Council Member for place #3 for a one (1) year term in order to fill the
remainder of an unexpired term of office of Place #3 created by a vacancy (term expiring May, 2015)
and a special election to reauthorize the local sales and use tax at the rate of one-fourth of one
percent (0.25) to continue providing revenue for maintenance and repair of municipal streets for a
period of ten years; providing for confirmation of vote tabulations; authorizing the issuance of
certificates of election and canvass of election; and providing an effective date.
Attachments:ORD 2014-12 Canvassing returns of May 10 2014 Election.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance canvassing the returns of the May 10, 2014 Joint General
and Special Elections for the purpose of electing (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, to elect one (1) Council Member for place #3
for a one (1) year term in order to fill the remainderof an unexpired term of office of Place #3 created by a vacancy (term
expiring May, 2015) and a special election to reauthorize the local sales and use tax at the rate of one-fourth of one
percent (0.25) to continue providing revenue for maintenance and repair of municipal streets for a period of ten years;
providing for confirmation of vote tabulations; authorizing the issuance of certificates of election and canvass of election;
and providing an effective date.
Town Council Page 132 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-12
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF EARLY
VOTING BALLOTS CAST IN CONNECTION THEREWITH, AND
DECLARING THE RESULTS OF THE JOINT GENERAL AND SPECIAL
ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) HELD ON
MAY 10, 2014, AS SUCH RETURNS RELATE TO THE ELECTION OF
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; 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 SPECIAL ELECTION TO REAUTHORIZE
THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH
OF ONE PERCENT (0.25) TO CONTINUE PROVIDING REVENUE FOR
MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR A
SPECIFIED PERIOD; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE
TABULATIONS; IDENTIFYING THE OFFICIAL ELECTED AND TERM
OF OFFICE; AUTHORIZING THE ISSUANCE OF CERTIFICATES OF
ELECTION; AUTHORIZING THE ISSUANCE OF THE CANVASS OF
THE GENERAL AND SPECIAL ELECTIONS; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on or about February 26, 2014 the Town Council of the Town of
Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 2014-03 ordering
a Joint General and Special 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 special election to reauthorize the local
sales and use tax at the rate of one-fourth of one percent (0.25) to continue providing
revenue for maintenance and repair of municipal streets; and
WHEREAS, Ordinance No. 2014-03 also ordered the appointment of a Presiding
Election Judge and an Alternate Presiding Election Judge for the purpose of conducting
such election; and
WHEREAS, the appropriate authority of the Town heretofore caused to be
posted and published, in accordance with the election laws of the State of Texas, notice
of the Special Election; and
Town Council Page 133 of 160 Meeting Date: Monday, May 19, 2014
WHEREAS, it appears that a total of XX votes were cast in such election; and
WHEREAS, the Joint General and Special Election were duly and legally held on
May 10, 2014 in the Town and in conformity with the election laws of the State of Texas,
and the results of the Joint General and Special Election, including the early voting
results, have been certified and returned to the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the Joint General and
Special Election, including the returns of early voting ballots in connection therewith, as
such returns are related to the election of 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 special election to reauthorize the local sales and use tax at
the rate of one-fourth of one percent (0.25) to continue providing revenue for
maintenance and repair of municipal streets for a period of ten years, have been
presented to the Town Council acting in its capacity as the Canvassing Board for the
Joint General and Special Election; and
WHEREAS, the Town Council has considered the returns of the Joint General
and Special Election as related to the election of 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 for a special election to reauthorize the local sales and use tax
at the rate of one-fourth of one percent (0.25) to continue providing revenue for
maintenance and repair of municipal streets, including the returns of early voting ballots
cast in connection therewith; and
WHEREAS, the returns of the Joint General Election, including the returns of the
early voting ballots, duly and legally made, showed that each candidate for the office of
Mayor received the following votes:
TOWN OF TROPHY CLUB MAYOR FOR THREE (3) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
(Totals reflects 1
Absentee Votes)
Connie White XX XX XX
C. Nick Sanders XX XX XX
WHEREAS, the returns of the Joint General Election, including the returns of the
Town Council Page 134 of 160 Meeting Date: Monday, May 19, 2014
early voting ballots, duly and legally made, showed that each candidate for the office of
Town Council member for Place No. 1 received the following votes:
TOWN COUNCIL MEMBER FOR PLACE NO. 1 ON THE TROPHY CLUB COUNCIL
FOR THREE (3) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
(Totals reflects 1
Absentee Votes)
Larry Hoover XX XX XX
Jim Parrow XX XX XX
WHEREAS, the returns of the Joint General Election, including the returns of the
early voting ballots, duly and legally made, showed that each candidate for the office of
Town Council member for Place No. 2 received the following votes:
TOWN COUNCIL MEMBER FOR PLACE NO. 2 ON THE TROPHY CLUB COUNCIL
FOR THREE (3) YEAR TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
(Totals reflects 1
Absentee Votes)
Garret Reed XX XX XX
WHEREAS, the returns of the Joint Special Election, including the returns of the
early voting ballots, duly and legally made, showed that each candidate for the office of
Town Council member for Place No. 3 received the following votes:
TOWN COUNCIL MEMBER FOR PLACE NO. 3 ON THE TROPHY CLUB COUNCIL
FOR ONE (1) YEAR UNEXPIRED TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
(Totals reflects 1
Absentee Votes)
Rhylan Rowe XX XX XX
Town Council Page 135 of 160 Meeting Date: Monday, May 19, 2014
WHEREAS, pursuant to the Home Rule Charter, the candidate for election to
each Place on the Council who receives a majority of all votes cast for all the
candidates for such Place at the election shall be declared elected; and
WHEREAS, the returns of the Special Election on a measure, including the
returns of the early voting ballots, duly and legally made, showed that Proposition One
to reauthorize a local sales and use tax in the Town at a rate of one-fourth of one
percent (0.25%) to continue providing revenue for maintenance and repair of municipal
streets with the tax to expire ten (10) years from the date of the election unless the
imposition of the tax is reauthorized, received the following votes:
FOR THE ADOPTION OF PROPOSITION ONE
AGAINST THE ADOPTION OF PROPOSITION 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 tenth anniversary of the date
of this election unless the imposition
of the tax is reauthorized.
TOTAL
NUMBER OF
EARLY
VOTING
VOTES
RECEIVED
TOTAL
NUMBER OF
VOTES
RECEIVED AT
POLL ON
ELECTION
DAY
TOTAL
NUMBER
OF VOTES
RECEIVED
For XX XX XX
Against XX XX XX
WHEREAS, pursuant to State Law, if a majority of the qualified voters voting on
a proposed measure vote in favor thereof, such measure shall become effective in
accordance with law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises are
true and correct and are incorporated into the body of this Ordinance and made a part
hereof for all purposes.
Section 2. Confirmation of Vote Tabulations. The results of the Joint General
and Special 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) on the Trophy Club Town Council, for a special election to
reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25) to
continue providing revenue for maintenance and repair of municipal streets for a period
Town Council Page 136 of 160 Meeting Date: Monday, May 19, 2014
of ten years as canvassed and tabulated above, reflect the expressed desires of the
resident, qualified voters of the Town.
Section 3. Elected Officials; Terms of Office. In accordance with the canvass
and tabulation of the results of the Joint General and Special Election, the duly elected
Council Members elected on May 10, 2014, and the corresponding terms of office,
subject to the taking of the oath of office as required by State Law, is as follows:
OFFICE TERM NAME
Mayor Three (3) Years C. Nick Sanders
Council Member Place 1 Three (3) Years Jim Parrow
Council Member Place 2 Three (3) Years Garrett Reed
Council Member Place 3 One (1) Year Rhylan Rowe
Section 4. Issuance of Certificate of Election. The Mayor is hereby authorized
and directed to execute and deliver a Certificate of Election to the successful candidates
elected at the Joint General and Special Election, as specified in Section 3 hereof.
Section 5. Proposition One – Reauthorization of Sales and Use Tax for Road
Maintenance and Repair. In accordance with the canvass and tabulation of the results
of the Special Election, the reauthorization of the local sales and use tax in the Town of
Trophy Club at a rate of one-fourth of one percent (0.25%) to continue providing
revenue for maintenance and repair of municipal streets was approved by a majority of
qualified voters by a vote of xx in favor to xx opposed.
Section 6. Implementation of Tax. In accordance with the Texas Tax Code,
the Town shall notify the State Comptroller of the results of the Special Election and
shall comply with all other legal requirements necessary to effect the reauthorization of
the tax.
Section 7. Issuance of Canvass of JointGeneral and Special Elections. The
Mayor is hereby authorized and directed to execute and deliver the Canvass of the Joint
General and Special Election, a copy of which is attached hereto as Exhibit “A”, in
accordance with the election laws of the State of Texas, and to take all other action
necessary in connection therewith.
Section 8. Engrossment and Enrollment. The Town Secretary of the Town of
Trophy Club is hereby directed to engross and enroll this Ordinance by copying the
Caption and Effective Date in the minutes of the Town Council and by filing this
Ordinance in the ordinance records of the Town and shall notify the State Comptroller of
the results of the election on the measure reauthorizing 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 for a period of ten
years.
Town Council Page 137 of 160 Meeting Date: Monday, May 19, 2014
Section 9. Effective Date. This Ordinance shall take effect from and after its
date of passage in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19th day of May, 2014.
Mayor, Connie White
Town of Trophy Club, Texas
Effective Date: May 19, 2014
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 138 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF SPECIAL ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding
Officer of the Canvassing Authority of the Town, met on 19th day of May, 2014 with the
Town Council of the Town, sitting as the Canvassing Board to canvass the returns of
the Joint General and Special Election held on May 10, 2014, at the Trophy Club Town
Svore Building, 100 Municipal Drive, Trophy Club, Texas, as such returns related to the
election of 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) on the Trophy
Club Town Council and as such returns related to the election on a measure,
Proposition One, which reauthorized a local sales and use tax in the Town at a rate of
one-fourth of one percent (0.25%) to continue providing revenue for maintenance and
repair of municipal streets.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the
figures on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the Town of Trophy Club, Texas to be affixed hereto, this the 19th day of May, 2014.
____________________________________________
Mayor and Presiding Officer of The Canvassing Authority
Town of Trophy Club, Texas
Town Council Page 139 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1180-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/14/2014 Town Council
On agenda:Final action:5/19/2014
Title:Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring
the results of a Bond Election held on May 10, 2014 in the Town of Trophy Club, Texas to authorize
the issuance of General Obligation Bonds for a joint police and town hall facility; and providing an
effective date.
Attachments:ORD 2014-13 Canvassing Returns of Bond Election -May 2014.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance canvassing the returns and declaring the results of a Bond
Election held on May 10, 2014 in the Town of Trophy Club, Texas to authorize the issuance of GeneralObligation Bonds
for a joint police and town hall facility; and providing an effective date.
Town Council Page 140 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE
TOWN OF TROPHY CLUB, TEXAS, ON MAY 10, 2014; AND
PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
WHEREAS, the Town Council (the “Town Council”) of the Town of Trophy Club,
Texas (the “Town”) duly authorized a bond election (the “Election”) to be held within the
Town on May 10, 2014, for the purpose of submitting to the resident qualified electors of
the Town the proposition hereinafter set forth; and
WHEREAS, the Town Council has investigated all matters pertaining to the
Election, including the ordinance calling the Election, giving notice, appointing officers,
holding and making returns of the Election; the election officers who held the Election
have duly made the returns of the results thereof; and said returns have been duly
delivered to the Town Council for official canvassing of the returns thereof; and
WHEREAS, upon the consideration of the returns of the Election, it is hereby
found and determined that the same was held in accordance with the authorizing
proceedings and was in all respects legally held after due notice had been given, and
the returns duly and legally made, and other instruments, showed the following results:
PROPOSITION NO. 2
“Shall the Town Council of the Town of Trophy Club,
Texas be authorized to issue general obligation bonds
of said Town in the aggregate principal amount of
$11,700,000 for the purpose of providing funds for
permanent public improvements, to-wit: designing,
developing, constructing and equipping a joint police
and town hall facility and the acquisition of land
therefore, and for renovating existing town hall facilities;
such bonds to mature serially within not to exceed forty
(40) years from their date, to be issued in one or more
series and sold at such prices and bear interest at such
rates as shall be determined within the discretion of the
Town Council under the laws of the State in effect at
the time of such issuance; and to provide for the
payment of the principal of and interest on said bonds
by levying ad valorem taxes to be assessed and
collected annually in an amount sufficient to pay the
annual interest on and to create a sinking fund to
redeem said bonds as they become due?”
_ XX __ Votes For
_ XX __ Votes Against
Town Council Page 141 of 160 Meeting Date: Monday, May 19, 2014
TOTAL BALLOTS CAST IN ELECTION: _ XX __
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS THAT:
Section 1. All of the recitals contained in the preamble of this Ordinance are
found to be true and are adopted as findings of fact by the Town Council and as part of
its judgment.
Section 2. It is found and determined that the results of the Election as
canvassed and tabulated in the preamble hereof reflect the expressed desires of the
electors.
Section 3. This Ordinance shall take effect immediately upon its passage and
approval.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 19th day of May, 2014.
Mayor, Connie White
Town of Trophy Club, Texas
ATTEST:
Tammy Ard, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 142 of 160 Meeting Date: Monday, May 19, 2014
MINUTES AND CERTIFICATION PERTAINING TO
PASSAGE OF AN ORDINANCE
On May 19, 2014, the Town Council of the Town of Trophy Club, Texas,
convened at ______ p.m., in a regular meeting at the regular meeting place thereof, the
meeting being open to the public and notice of said meeting, giving the date, place and
subject thereof, having been posted as prescribed by Chapter 551, Texas Government
Code, as amended; and the roll was called of the duly constituted officers and members
of the Town Council, which officers and members are as follows:
Connie White, Mayor Bill Rose )
Jeannette Tiffany, Mayor Pro
Tem Greg Lamont )
(Vacant) ) Members of
Danny Mayer ) the Council
Philip Shoffner )
and all of said persons were present except ________________________________,
thus constituting a quorum. Whereupon, among other business, a written ordinance
bearing the following caption was introduced:
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CANVASSING THE RETURNS AND
DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE
TOWN OF TROPHY CLUB, TEXAS, ON MAY 10, 2014; AND
PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE.
The Ordinance, a full, true and correct copy of which is attached hereto, was
read and reviewed by the Town Council.
Thereupon, it was duly moved and seconded that the Ordinance be finally
passed and adopted.
The Presiding Officer put the motion to a vote of the members of the Town
Council, and the Ordinance was finally passed and adopted by the following vote:
AYES: ___ NAYS: ___ ABSTENTIONS: ___
Town Council Page 143 of 160 Meeting Date: Monday, May 19, 2014
MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to
correctly reflect the duly constituted officers and members of the Town Council of said
Town, and the attached and following copy of said Ordinance is hereby certified to be a
true and correct copy of an official copy thereof on file among the official records of the
Town, all on this 19th day of May, 2014.
_______________________________
Town Secretary
Town of Trophy Club, Texas
Town Council Page 144 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1179-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Presentation of a Resolution of Gratitude to Connie White for recognition of her dedication and years
of service on the Town Council; discussion of same.
Attachments:RES 2014-20 Gratitude for Connie White.pdf
Action ByDate Action ResultVer.
Presentation of a Resolution of Gratitude to Connie White for recognition of her dedication and years of service on the
Town Council; discussion of same.
Town Council Page 145 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2014-20
RESOLUTION OF GRATITUDE
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE CONNIE WHITE FOR HER
SERVICE TO THE TOWN OF TROPHY CLUB.
WHEREAS, the Town Council of the Town of Trophy Club, Texas wish to
express their sincere gratitude to Mayor Connie White for her invaluable service to the
Town of Trophy Club; and
WHEREAS, Mayor Connie White served with distinction and honor as an elected
official for 31 years, serving from 1983 – 2009 on the Municipal Utility District Board of
Directors, and serving from 2009 - 2014 as the Mayor of the Town of Trophy Club; and
WHEREAS, Mayor Connie White’s dedication and loyalty to Trophy Club and its
citizens has been instrumental to the enhanced welfare, growth and development of the
Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Trophy Club, Texas hereby express their heartfelt gratitude to Mayor Connie White for
her unselfish contributions, leadership and service to the Town of Trophy Club and its
citizens.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this 19th day of May, 2014.
Jeanette Tiffany
Mayor Pro Tem, Place 2
Town of Trophy Club
Bill Rose,
Council Member, Place 1
Town of Trophy Club
Danny Mayer,
Council member Place 4
Town of Trophy Club
Greg Lamont,
Council member Place 5
Town of Trophy Club
Philip Shoffner,
Council Member Place 6
Town of Trophy Club
Mike Slye,
Town Manager
Town of Trophy Club
Town Council Page 146 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1168-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Presentation of a Resolution of Gratitude to Bill Rose for recognition of his dedication and years of
service on the Town Council; discussion of same.
Attachments:RES 2014-21 Gratitude for Bill Rose.pdf
Action ByDate Action ResultVer.
Presentation of a Resolution of Gratitude to Bill Rose for recognition of his dedication and years of service on the Town
Council; discussion of same.
Town Council Page 147 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2014-21
RESOLUTION OF GRATITUDE
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE BILL ROSE FOR HIS
SERVICE TO THE TOWN OF TROPHY CLUB.
WHEREAS, the Town Council of the Town of Trophy Club, Texas wish to
express their sincere gratitude to Council Member Bill Rose for his invaluable service to
the Town of Trophy Club; and
WHEREAS, Council Member Rose served with distinction and honor as a
member of the Town Council for six years; and
WHEREAS, Council Member Rose’s dedication and loyalty to Trophy Club and
its citizens has been instrumental to the enhanced welfare, growth and development of
the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Trophy Club, Texas hereby express their heartfelt gratitude to Council Member Rose for
his unselfish contributions, leadership and service to the Town of Trophy Club and its
citizens.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this 19th day of May, 2014.
Connie White,
Mayor
Town of Trophy Club
Jeanette Tiffany,
Mayor Pro Tem, Place 2
Town of Trophy Club
Danny Mayer,
Council member Place 4
Town of Trophy Club
Greg Lamont,
Council member Place 5
Town of Trophy Club
Philip Shoffner,
Council Member Place 6
Town of Trophy Club
Mike Slye,
Town Manager
Town of Trophy Club
Town Council Page 148 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1169-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Presentation of a Resolution of Gratitude to Jeanette Tiffany for recognition of her dedication and
years of service on the Town Council; discussion of same.
Attachments:RES 2014-22 Gratitude for Jeanette Tiffany.pdf
Action ByDate Action ResultVer.
Presentation of a Resolution of Gratitude to Jeanette Tiffany for recognition of her dedication and years of service on the
Town Council; discussion of same.
Town Council Page 149 of 160 Meeting Date: Monday, May 19, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION 2014-22
RESOLUTION OF GRATITUDE
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, TO RECOGNIZE JEANETTE TIFFANY FOR
HER SERVICE TO THE TOWN OF TROPHY CLUB.
WHEREAS, the Town Council of the Town of Trophy Club, Texas wish to
express their sincere gratitude to Council Member Jeanette Tiffany for her invaluable
service to the Town of Trophy Club; and
WHEREAS, Council Member Tiffany served with distinction and honor as a
member of the Town Council for three years, one of which years Council Member
Tiffany served as Mayor Pro Tem; and
WHEREAS, Council Member Tiffany’s dedication and loyalty to Trophy Club and
its citizens has been instrumental to the enhanced welfare, growth and development of
the Town of Trophy Club.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Trophy Club, Texas hereby express their heartfelt gratitude to Council Member Tiffany
for her unselfish contributions, leadership and service to the Town of Trophy Club and
its citizens.
Passed and approved by the Town Council of the Town of Trophy Club, Texas,
this 19th day of May, 2014.
Connie White,
Mayor
Town of Trophy Club
Bill Rose,
Council Member, Place 1
Town of Trophy Club
Danny Mayer,
Council member Place 4
Town of Trophy Club
Greg Lamont,
Council member Place 5
Town of Trophy Club
Philip Shoffner,
Council Member Place 6
Town of Trophy Club
Mike Slye,
Town Manager
Town of Trophy Club
Town Council Page 150 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1170-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of
Certificates of Election from Judge Chambers to incoming Council Members.
Attachments:Oath Of Office - SAMPLE.pdf
Statement of Appointed Officer - SAMPLE.pdf
Certificate of Election - SAMPLE.pdf
Action ByDate Action ResultVer.
Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of Certificates of Election from
Judge Chambers to incoming Council Members.
Town Council Page 151 of 160 Meeting Date: Monday, May 19, 2014
OATH OF OFFICE
In the name and by the authority of
THE STATE OF TEXAS
I, (insert elected officials name) do solemnly swear (or affirm), that I will faithfully
execute the duties of the office of Town Council Place (insert place number), of the
State of Texas, and will to the best of my ability preserve, protect, and defend the
Constitution and the laws of the United States and of this State, so help me God.
______________________________________
(insert elected officials name)
SWORN TO AND SUBSCRIBED before my by affiant on this 19th day of May, 2014.
______________________________________
Mark D. Chambers, Municipal Court Judge
Town Council Page 152 of 160 Meeting Date: Monday, May 19, 2014
STATEMENT OF APPOINTED OFFICER
(Pursuant to Texas Constitution Article XVI, sec. 1 (c), amended 2001)
I, (insert elected officials name) do solemnly swear (or affirm), that I have not directly or
indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or
valuable thing, or promised any public office or employment, as a reward to secure my
appointment or confirmation thereof, so help me God.
______________________________________
(insert elected officials name)
SWORN TO AND SUBSCRIBED before me by affiant on this 19th day of May, 2014.
______________________________________
Mark D. Chambers, Municipal Court Judge
Town Council Page 153 of 160 Meeting Date: Monday, May 19, 2014
CERTIFICATE OF ELECTION
IN THE NAME AND BY THE AUTHORITY OF
TOWN OF TROPHY CLUB, TEXAS
THIS IS TO CERTIFY, THAT AT A SPECIAL
ELECTION HELD ON
May 10, 2014
(insert elected officials name)
WAS DULY ELECTED
(insert elected officials title)
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SIGNED MY NAME AND
CAUSED THE SEAL OF TROPHY CLUB, TEXAS TO BE AFFIXED, THIS THE
19th DAY OF MAY 2014.
_________________________________________
Signature of Presiding Officer of Canvassing Authority
Town Council Page 154 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1171-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Remarks to and from incoming Council Members.
Attachments:
Action ByDate Action ResultVer.
Remarks to and from incoming Council Members.
Town Council Page 155 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1174-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Town Manager Slye's update regarding the following; discussion of same.
* Budget Calendar
* Budget Meetings
* Business Cards, Name Tags and Wearables
* Primary Election Run-Off
- Early Voting, Monday, May 19 - Friday, May 23, 7:00 am - 7:00 pm
- Primary Election Run-Off Election Day, Tuesday, May 27, 7:00 am - 7:00 pm
Attachments:
Action ByDate Action ResultVer.
Town Manager Slye's update regarding the following; discussion of same.
* Budget Calendar
* Budget Meetings
* Business Cards, Name Tags and Wearables
* Primary Election Run-Off
- Early Voting, Monday, May 19 - Friday, May 23, 7:00 am - 7:00 pm
- Primary Election Run-Off Election Day, Tuesday, May 27, 7:00 am - 7:00 pm
Town Council Page 156 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1176-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Items for Future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Items for Future Agendas.
Town Council Page 157 of 160 Meeting Date: Monday, May 19, 2014
Town Council Future Agenda Items List
(updated 5/5/2014)
1. Consider and take appropriate action regarding the creation of a “Going Green” initiative
throughout the Town. (White 2/24/2011)
2. Residential Property Renewal for tax incentives and grants for the recovery and renewal of
existing residential properties (Mayer 4/22/13)
3. Ordinance update regarding home occupation and number criteria for single family
residential. (Lamont 7/15)
4. Discussion regarding animal shelter long and short term facility. (11/18/2013)
5. Consider and take appropriate action regarding moving council meetings to another day
possibly Thursday. (Mayer 4/7/2014)
6. Discuss and take appropriate action regarding annexation of the PID into the MUD (Rose
4/21/2014)
7. Consider and take appropriate action regarding subdivision regulations. (Rose 5/5/2014)
Town Council Page 158 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1177-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
Title:Council to convene into executive session to discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to
Section 551.074 (a) (1) of the Texas Open Meetings Act Personnel Matters (§551.074(a)(1)):
(1) Appointment of Mayor Pro Tem.
Attachments:
Action ByDate Action ResultVer.
Council to convene into executive session to discuss or deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the
Texas Open Meetings Act Personnel Matters (§551.074(a)(1)):
(1) Appointment of Mayor Pro Tem.
Town Council Page 159 of 160 Meeting Date: Monday, May 19, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1178-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/12/2014 Town Council
On agenda:Final action:5/19/2014
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 160 of 160 Meeting Date: Monday, May 19, 2014