Agenda Packet TC 10/28/2014Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:30 PMTuesday, October 28, 2014
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
1.2014-1573-T Swearing in of Chief Patrick Arata
WORKSHOP SESSION
2.2014-1547-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for October 28, 2014.
3.2014-1548-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session
Council Agenda for the November 13, 2014 meeting.
Proposed 11-13-2014 Agenda.pdfAttachments:
4.2014-1570-T Discuss and receive input from Council regarding Town ordinances regulating the
keeping of chickens and other types of fowl with the Town limits.
Staff Report - Maintaining Chickens.pdf
ORD 2006-43.pdf
Table Comparing Ordinance Regulations.pdf
Attachments:
5.2014-1552-T Discussion of items from future agenda list:
A. Consider and take appropriate action regarding term limits for Board and
Commission members. (Rowe 7/22/2014)
B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders
7/22/2014)
C. Consider and take appropriate action regarding purchase of land at Trophy Club
Drive and SH114 for signage. (Sanders 7/22/2014)
D. Consider and take appropriate action regarding signage in medians at Trophy Club
Drive, Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014)
E. Consider and take appropriate action regarding residential property renewal for tax
incentives and grants for the recovery and renewal of existing residential properties.
(Rowe 8/12/2014)
Town Council Page 1 of 178 Meeting Date: Tuesday, October 28, 2014
October 28, 2014Town Council Meeting Agenda
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.
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.
6.2014-1572-T Consider and take appropriate action regarding the minutes dated October 14, 2014.
DRAFT TC Minutes 10-14-2014.pdfAttachments:
7.2014-1567-T Consider and take appropriate action regarding an amendment to the Town's Cash
Handling Policy to provide procedures for the processing of coin payments tendered to
the Town.
Staff Report - Town's Cash Handling Policy.pdf
Draft Cash Handling Policy.pdf
Draft Coin Payments Policy Signage.pdf
Attachments:
8.2014-1568-T Consider and take appropriate action regarding a Resolution repealing Resolution No.
2014-27 authorizing participation in various cooperative purchasing programs and
adopting a new resolution authorizing participation in various cooperative purchasing
programs in accordance with the Town’s Procurement Policies and Procedures
authorizing execution of any and all necessary agreements for participation in the
cooperative programs by the Mayor or his designee and approving related contracts
and the payment of related fees in accordance with the budget and providing an
effective date.
RES 2014-41 Repealing RES 2014-27 Authorizing Participation in Coop Purchasing Programs.pdfAttachments:
9.2014-1569-T Consider and take appropriate action regarding the approval of the Town's application
for Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the
ERCOT Membership Agreement; authorizing the payment of required membership
fees; and authorizing the Mayor or his designee to execute necessary documents.
Staff Report - ERCOT Membership 2015.pdf
ERCOT Membership Application and Agreement.pdf
Attachments:
Town Council Page 2 of 178 Meeting Date: Tuesday, October 28, 2014
October 28, 2014Town Council Meeting Agenda
10.2014-1559-T Consider and take appropriate action regarding an Interlocal Agreement between the
Town and the City of Frisco for the purchase of Law Enforcement Uniforms as part of
Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his
designee to execute all necessary documents.
Staff Report - ILA with City of Frisco for the purchase of Law Enforcement Uniforms.pdf
City of Frisco Agenda Memo – Law Enforcement Uniforms.pdf
Bid Award Letter – August 7, 2013.pdf
Bid Award Renewal Letter – June 6, 2014.pdf
Bid Tabulation – Law Enforcement Uniforms.pdf
Interlocal Agreement.pdf
Attachments:
11.2014-1571-T Consider and take appropriate action regarding an Interlocal Agreement between the
Town and Denton County for Public Safety Application and Maintenance Support; and
authorizing the Mayor or his designee to execute all necessary documents.
Staff Report - Denton County for Public Safety Application Support and Maintenance.pdf
Letter regarding Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf
Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf
Exhibit A & B.pdf
Attachments:
12.2014-1575-T Consider and take appropriate action regarding an amendment to the Subdivider’s
Agreement for Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or
his designee to execute all necessary documents.
Staff Report - Waters Edge at Hogan’s Glen, Phase 3.pdf
Subdivider's Agreement - Waters Edge at Hogan's Glen Ph III.pdf
Attachments:
PUBLIC HEARING
13.2014-1549-T Public Hearing regarding a request for an amendment to Planned Development No. 30
(PD-30), an approximate 26.4 acres of land located generally at the northeast corner of
Trophy Club Dr. and State HWY 114. (THIS APPLICATION WAS WITHDRAWN
FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.)
REGULAR SESSION
14.2014-1555-T Consider and take appropriate action regarding a Resolution of the Town repealing
Resolution no. 2014-04 appointing citizens to serve on the Board of Directors of
Reinvestment Zone No One, Town of Trophy Club, Texas, and adopting this Resolution
reaffirming existing appointments and appointing a member of the Board of Directors of
Reinvestment Zone No. One, to serve as Chairperson for the Board, designating a term
of service; and providing an effective date.
Staff Report - Appointing a Chairperson for TIRZ #1.pdf
Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf
Attachments:
Town Council Page 3 of 178 Meeting Date: Tuesday, October 28, 2014
October 28, 2014Town Council Meeting Agenda
15.2014-1551-T Consider and take appropriate action concerning an appeal to the Tree Mitigation
Ordinance as it relates to the Trophy Club Commons development located at 925
Trophy Club Drive.
Staff Report - Trophy Club Commons Tree Mitigation Appeal.pdf
Park Board Staff report.pdf
Attachments:
16.2014-1556-T Consider and take appropriate action regarding a Resolution repealing Resolution No.
2014-37 appointing citizens to serve on the Crime Control and Prevention District Board
(CCPD) and adopting a new Resolution to fill two (2) vacancies on the Board and
reaffirming existing appointments to the CCPD; and providing an effective date.
Staff Report - CCPD Appointments.pdf
Mike Conklin.pdf
Robert Hauer.pdf
Loren Van Roekel.pdf
Jennifer Winmill.pdf
RES 2014-40 CCPD Annual Appointments repealing RES 2014-37.pdf
Attachments:
17.2014-1558-T Consider and take appropriate action regarding nominations to serve as a member of
the Denton County Transportation Authority Board of Directors.
Letter from Mary Horn RE Designation of Representative to Serve on the DCTA Board of Directors.pdfAttachments:
18.2014-1564-T Consider and take appropriate action regarding an Ordinance of the Town amending
Subsection (6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles”
of Chapter 10, “Public Safety” of the Code of Ordinances of the Town to establish a
new effective time for the special speed zone (school zone) on Trophy Club Drive,
south of its intersection with Durango Drive; providing a penalty not to exceed $200 for
each violation; and providing an effective date.
Staff Report - School Zone Time Change.pdf
ORD 2014-34 Amending Chap 10 Art II Section 2 02 B (Speed Zones Times).pdf
Attachments:
19.2014-1560-T Town Council Liaison Updates; discussion of same:
* Parks & Recreation Board - October 20th Council Liaison
Council Member Shoffner
Town Council Page 4 of 178 Meeting Date: Tuesday, October 28, 2014
October 28, 2014Town Council Meeting Agenda
20.2014-1561-T Town Manager Slye's update regarding the following; discussion and provide input
regarding same.
* Election Update
* Codification Update
* Volunteer Dinner
* Loop Road Update
* Parks & Recreation Update
- TC Fright Light Contest Winners
- Dino Playground Update
- Fall Family Camp Out
- Fall Family Festival
* Community Development Updates
- Waters Edge at Hogan’s Glen, Phase 3
- Canterbury Hills, Phase 3
- The Isles of Turnberry, NH 4, The Highlands
- Villas of Hogan’s Glen, Phase 2
21.2014-1562-T Items for Future Agendas.
Items for Future Agendas.pdfAttachments:
EXECUTIVE SESSION
22.2014-1565-T Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will
convene into closed executive session as authorized by Section 551.072 Deliberations
about Real Property to deliberate the purchase, exchange, lease, or value of real
property if deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person:
(1) Potential sites for the location of a new Police and Town Hall Facility and related
negotiations
RECONVENE INTO REGULAR SESSION
23.2014-1563-T Consider and take appropriate action regarding the Executive Session.
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
Town Council Page 5 of 178 Meeting Date: Tuesday, October 28, 2014
October 28, 2014Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, October 23, 2014 by
7:30 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 October, 2014.
________________________________, Title: ___________________________
Town Council Page 6 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1573-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/21/2014 Town Council
On agenda:Final action:10/28/2014
Title:Swearing in of Chief Patrick Arata
Attachments:
Action ByDate Action ResultVer.
Swearing in of Chief Patrick Arata
Town Council Page 7 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1547-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
October 28, 2014.
Attachments:
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 28, 2014.
Town Council Page 8 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1548-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council
Agenda for the November 13, 2014 meeting.
Attachments:Proposed 11-13-2014 Agenda.pdf
Action ByDate Action ResultVer.
Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the
November 13, 2014 meeting.
Town Council Page 9 of 178 Meeting Date: Tuesday, October 28, 2014
Meeting Date 11/13/2014
STAFF
RPT RES ORD PROC File ID Dept
Agenda items for Joint Meeting with TC MUD
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for November 13, 2014.Town Sec
Discussion of Agenda Items posted for consideration on the upcoming Regular
Session Council Agenda for the November 25, 2014 meeting.Town Sec
Consider and take appropriate action regarding crosswalk safety enhancements.
???? This item was requested to be brought forward after new Police Chief was on
board.
Consider and take appropriate action regarding parking on Parkview and options for
Police Department mitigation.???? This item was requested to be brought forward
after new Police Chief was on board.
ITEMS FROM FUTURE AGENDA LIST:
* Discussion regarding animal shelter long and short term facility. (11/18/2013)
*Consider and take appropriate action regarding placing BNHS State Championship
recognition on elevated water storage tank. (Sanders 5/19/2014)
*Review ordinances regarding Town Homes,Condos and apartments.(Sanders
8/4/2014)
Consent
STAFF
RPT RES ORD PROC File ID Dept
Consider and take appropriate action regarding the Minutes dated September 9,
2014.2014-1466-T Town Sec
Consider and take appropriate action regarding the Minutes October 28, 2014.Town Sec
Consider and take appropriate action regarding financial and variance report dated
October 2014.Finance
Regular Session
STAFF
RPT RES ORD PROC File ID Dept
Isle of Turnberry Amended plat CD
Proclamation Childhood Cancer Awareness Week November 23 - 29 x Town Sec
Consider and take appropriate action regarding an Ordinance to Canvass the
November 4, 2014 Special Election for the purpose of electing (1)Council Member
for Place #4 to the Town Council to fill the remainder of an unexpired term of office
of Place #4 created by a vacancy (term expiring May,2015)Attachments:*Ord
2014-x canvassing returns of November 4, 2014 election *Canvass Certification *
Denton County Tally Sheet * Tarrant County Tally Sheet X
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 *Statement of Appointed Officer *
Certificate of Election (if necessary)
Remarks to and from incoming Council Members. (if necessary)
NISD Interlocal Agreement - Lakeview Soccer Complex 2014-1550-T
ZBA Appointments
Workshop
Joint Meeting with Trophy Club MUD No. 1 starting at 6:00 pm
Town Council Page 10 of 178 Meeting Date: Tuesday, October 28, 2014
Consider and take appropriate action regarding a Resolution repealing Resolution
No.2014-30 appointing citizens to serve on the Citizens Financial Advisory Board
(CFAB)and adopting a new resolution to fill a vacancy in an existing seat and to
reaffirm existing appointments to the CFAB; and providing an effective date.X Finance
Royal Troon recommendation from the Park Board-moved from 10/28/2014 to
November agenda after election per Council - will move to January 2015 if run-off
Trophy Club Fire Department EMS Director Agreement - medical control contact FDConsiderand take appropriate action regarding a Resolution repealing Resolution
No.2014-08 appointing citizens to serve on the Tax Increment Reinvestment Zone
(TIRZ)No.2 Board and adopting a new resolution to fill a vacancy in an existing seat
and to reaffirm existing appointments to the TIRZ #2 ;and providing an effective
date.x 2014-1554-T
Town Council Liaison Updates; discussion of same: Town Sec
Town Manager Slye's update regarding the following; discussion and provide input
regarding same.Town Mgr
Items for Future Agendas.Town Sec
Executive Session
STAFF
RPT RES ORD PROC File ID Dept
Regular Session
STAFF
RPT RES ORD PROC File ID Dept
Consider and take appropriate action regarding the Executive Session.Town Sec
Town Council Page 11 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1570-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens
and other types of fowl with the Town limits.
Attachments:Staff Report - Maintaining Chickens.pdf
ORD 2006-43.pdf
Table Comparing Ordinance Regulations.pdf
Action ByDate Action ResultVer.
Discuss and receive input from Council regarding Town ordinances regulating the keeping of chickens and other types of
fowl with the Town limits.
Town Council Page 12 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Workshop Item – Maintaining Chickens
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Discuss and receive input from Council regarding Town ordinances regulating the keeping of
chickens and other types of fowl with the Town limits.
Explanation:
Staff has received inquiries from residents regarding Town regulation of chickens and other
fowl on residential properties. Staff has reviewed existing Town ordinances and determined
that keeping of chickens is not currently prohibited; although current ordinances do regulate
related nuisance and odor.
Included in the backup are excerpts from ordinances adopted by other municipalities regulating
the keeping of chickens and other fowl within Town limits. Staff is seeking input and direction
from Council regarding the Town’s existing ordinance and potential amendments.
Attachments:
• Ordinance 2006-43
• Table Comparing Ordinance Regulations
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Chicken Ordinances/Information for City/Town
October 23, 2014
• Allen – Ord. # 2867-10-09
It shall be unlawful for any person to keep any fowl, such as chickens, ducks, turkeys, geese, pigeons or guineas, except when
the same are kept more than one hundred fifty (150) feet from any property line. Roosters are allowed.
• Carrollton – Ord #2891
No fowl shall be kept on any lot or tract of land of less than one acre located in a residentially zoned area of the city. For each
lot or tract in excess of one acre, an owner may keep five fowl per acre; provided no such fowl shall be allowed to roam, fly or
be housed within 200 feet of any dwelling or business owned or occupied by any person other than the owner. Roosters
allowed.
• Flower Mound
Fowl means a bird of any kind including, but not limited to, chickens, ducks, geese, guineas, pigeons, emus, ostriches, rheas,
turkeys and pheasants.
Town Council has passed a new ordinance (September 2012) up to four hens in a residential lot up to one acre. Residents on
properties larger than one acre can have an unspecified number of hens and roosters.
• Garland - 6534
Fowl shall be kept in an enclosure that is located at least thirty feet from any residential dwelling, other than that of the owner.
It shall be unlawful to harbor more than four female fowl over the age of one month within the City limits. Maximum chickens
allowed-2. Fowl shall be kept in an enclosure that is located at least thirty (30) feet from any residential dwelling. Roosters or
male peafowl (peacocks) are prohibited. (Ordinance 6125, sec. 1, adopted 5/1/07; Ordinance 6534, sec. 3, adopted 4/3/12)
• Grand Prairie – 9729-2014
(1)
It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city in any pen, stable, shed,
coop or enclosure, if any part of such enclosure or structure is within one hundred fifty (150) feet of any residence, business or
commercial establishment or office, (other than the owner's), grocery stores, restaurants, schools, hospitals and nursing
homes.
(2)
It shall be unlawful for any owner to keep or harbor any fowl within the corporate limits of the city where there is less than five
hundred (500) square feet for each twenty-five (25) fowl, being twenty (20) square feet for each fowl.
Town Council Page 34 of 178 Meeting Date: Tuesday, October 28, 2014
• Highland Village –
No ordinance regarding backyard chickens at this time. Complaints to Animal Services are investigated while homeowner
present. No restrictions at this time.
• Keller
It shall be legal to house any fowl within city limits, including, but not limited to roosters, ducks, turkeys, geese, pigeons, or
guineas. No more than twelve (12) chickens may be kept in SF 8.4 zoning or greater and twelve (12) chickens may be kept for
additional each one-quarter (¼) acre;
Chickens must be in a secure pen, coop, or enclosed yard, and pen, coop or fence must be of secure construction and
strength to keep the chickens from running at large. A pen or coop must be at least five (5) feet from any property line.
• Lewisville –
Chickens must be kept in a coop or enclosure at all times in order to provide safe and healthy living conditions for the birds while
minimizing negative impacts on neighbors. The enclosure must be at least 100 square feet, unless it is an integral part of the
coop. The enclosed area must be clean, dry and odor-free and be kept in a neat and sanitary condition. Chickens must be
secured within a coop at night. The coop must be enclosed on all sides, including a roof, and all openings must be covered with
predator- and bird-proof wire. The coop will be considered an accessory building and will be treated as such under existing City
codes.
Chickens only will be allowed on single-family residential properties measuring at least 7,500 square feet. For residential
properties that are at least 7,500 square feet but smaller than one acre, coops and enclosures must be at least 10 feet away from
the primary residence on the property and at least 25 feet away from any adjacent residential or commercial building. Up to six
chickens are allowed if there are no other regulated animals (dogs, cats, etc.) on the property. If there are other regulated
animals, the total number of animals including chickens cannot be more than six. Roosters are not allowed. For lots larger than
one acre, coops and enclosures must be at least 150 feet from neighboring buildings and must provide at least 100 square feet of
space for each chicken. Up to five chickens are allowed for each quarter-acre of total property. Roosters are allowed if they are
kept at least 1,500 feet away from neighboring buildings.
• Roanoke
It shall be unlawful for any person to keep or harbor any fowl within the corporate limits of the City in any pen, shed, coop,
enclosed structure, or fenced yard, if any part of such enclosure, structure, or yard is within one hundred (100) feet of any
residence, business or commercial establishment or office, school, hospital or nursing home. This section shall not apply to pet
birds kept within residential or commercial structures, nor shall it apply to birdhouses for the keeping of migrating or wild birds.
It shall be unlawful for any owner of any fowl to maintain yards, pens, sheds, coops, or other enclosures in which such fowl are
confined in such a manner as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or
Town Council Page 35 of 178 Meeting Date: Tuesday, October 28, 2014
attract flies, mosquitoes or other noxious insects or rodents, or in any manner to endanger the public health, safety or welfare,
or to create a public nuisance.
• Rowlett – 1982
(a)
Generally. The keeping of fowl such as roosters, ducks, turkeys, geese, peacocks, guineas, or other such loud fowl within the city
limits, in any pen, coop or enclosure that is within 150 feet of any residence (other than the owner's), business or school shall be
prohibited.
(b)
Chickens. No person shall keep more than two hens in an area zoned residential within the city, and shall be no closer than 50
feet to the nearest inhabited dwelling, other than that of the owner.
(c)
Secure pen or enclosure. Any fowl kept within the city limits shall be in a secure pen, coop or enclosure, and such structure shall
be of such construction and strength to keep such animals from running at large.
(d)
Exceptions. Public park lands and lakes shall be exempt from the fowl ordinance, as shall property or acreage annexed into the
city after January 1, 1999, for a period of 12 months from adoption of an annexation ordinance.
(Code 1982, § 9-1-18)
Southlake
Fowl. Chickens, turkeys, pheasant, peacocks, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed.
Residents may keep up to twelve hens per quarter acre of residential property. Any fowl other than hens—including roosters,
ducks, turkeys, geese, etc. must be kept at least 150 feet from the property line. The provision allows no more than six (6) fowl
within the City limits
* All towns/cities with fowl/chicken ordinances require properly maintained chicken coops
Town Council Page 36 of 178 Meeting Date: Tuesday, October 28, 2014
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS
SUBCHAPTER A. TREATMENT OF ANIMALS
Sec. 821.001. DEFINITION. In this subchapter, "animal" includes every living dumb creature.
Sec. 821.003. TREATMENT OF LIVE BIRDS. (a) This section applies to a person who receives live birds for transportation or for
confinement:
(1) on wagons or stands;
(2) by a person who owns a grocery store, commission house, or other market house; or
(3) by any other person if the birds are to be closely confined.
b) The person shall immediately place the birds in coops, crates, or cages that are made of open slats or wire on at least
three sides and that are of a height so that the birds can stand upright without touching the top.
(c) The person shall keep clean water and suitable food in troughs or other receptacles in the coops, crates, or cages. The
troughs or other receptacles must be easily accessible to the confined birds and must be placed so that the birds cannot defile their
contents.
(d) The person shall keep the coops, crates, or cages in a clean and wholesome condition and may place in each coop, crate,
or cage only the number of birds that have room to move around and to stand without crowding each other.
(e) The person may not expose the birds to undue heat or cold and shall immediately remove all injured, diseased, or dead
birds from the coops, crates, or cages.
Town Council Page 37 of 178 Meeting Date: Tuesday, October 28, 2014
CITY/TOWN POPULATION CHICKENS
ALLOWED/#
PERMIT REQUIRED
Y/N
LAND RESTRICTIONS
ALLEN 92,020 (2013) Not listed No 150 ft. away from property line
CARROLLTON 126,700 (2013) 5 per one acre No 200 ft. of any dwelling other than owner
FLOWER MOUND 68,609 (2013) 4 No 4 hens in a residential lot up to one acre.
Residents on properties larger than one acre can
have an unspecified number of hens and
roosters. -
GARLAND 234,566 (2013) 2 No 30 ft. from residential dwelling
GRAND PRAIRIE 183,372 (2013) Not listed No It shall be unlawful for any owner to keep or
harbor any fowl within the corporate limits of
the city where there is less than five hundred
(500) square feet for each twenty-five (25) fowl,
being twenty (20) square feet for each fowl.
HIGHLAND VILLAGE 15,747 (2013) No limit n/a No restrictions at this time
KELLER 42,907 (2013) 12 No No more than twelve (12) chickens may be kept
in SF 8.4 zoning or greater and twelve (12)
chickens may be kept for additional each one-
quarter (¼) acre
LEWISVILLE 101,074 (2013) 6 (if no other
animals)
Yes Dwelling of at least 7500 10 ft. away from
primary residence & 25 ft from adjacent
resident/business
ROANOKE 6,646 (2013) 0 within city limits n/a 100 ft. of residence or business
ROWLETT 58,043 (2013) 2 no 50 ft. of residence
SOUTHLAKE 28,234 (2013) 6 no 6 within city limits. Residents may keep up to
twelve hens per quarter acre of residential
property. Any fowl other than hens—including
roosters, ducks, turkeys, geese, etc. must be
kept at least 150 feet from the property line
Town Council Page 38 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1552-T Name:
Status:Type:Agenda Item Workshop
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Discussion of items from future agenda list:
A. Consider and take appropriate action regarding term limits for Board and Commission
members. (Rowe 7/22/2014)
B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders
7/22/2014)
C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and
SH114 for signage. (Sanders 7/22/2014)
D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014)
E. Consider and take appropriate action regarding residential property renewal for tax incentives
and grants for the recovery and renewal of existing residential properties. (Rowe 8/12/2014)
Attachments:
Action ByDate Action ResultVer.
Discussion of items from future agenda list:
A. Consider and take appropriate action regarding term limits for Board and Commission members. (Rowe
7/22/2014)
B. Consider and take appropriate action regarding giving direction to CFAB. (Sanders 7/22/2014)
C. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and SH114 for signage.
(Sanders 7/22/2014)
D. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood Drive,
Indian Creek and possibly Bobcat. (Sanders 7/22/2014)
E. Consider and take appropriate action regarding residential property renewal for tax incentives and grants for the
recovery and renewal of existing residential properties. (Rowe 8/12/2014)
Town Council Page 39 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1572-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/21/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding the minutes dated October 14, 2014.
Attachments:DRAFT TC Minutes 10-14-2014.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the minutes dated October 14, 2014.
Town Council Page 40 of 178 Meeting Date: Tuesday, October 28, 2014
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, October 14, 2014 at 6:30 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 14, 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:
C. Nick Sanders Mayor
Greg Lamont Mayor Pro Tem, Place 5
Jim Parrow Council Member, Place 1
Garrett Reed Council Member, Place 2
Rhylan Rowe Council Member, Place 3
Philip Shoffner Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Patricia Adams Town Attorney
Tammy Ard Town Secretary
April Reiling PIO/Marketing Manager
Lee Delk Police Commander/Interim Police Chief
John Zagurski Budget Analyst
Matt Jones Senior Planner
Mayor Sanders announced the date of Tuesday, October 14, 2014 called the Town Council to order and announced
a quorum at 6:32 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for October 14,
2014.
Council Member Reed requested to pull agenda item #8 from the consent agenda.
Council Member Shoffner requested to move agenda item #13 & #14 to the consent agenda.
Council Member Shoffner would like to change the future agenda list – place a 90 day trigger on future agenda
items where the item will be moved to workshop to receive input on the status.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the October 28, 2014 meeting.
Mayor Sanders questioned the Royal Troon agenda item wanting to know if this would be the recommendations
from the Park Board and requested to get this information as soon as possible. Mayor Pro Tem Lamont asked that
this item be moved to after the election. Council agreed.
Town Council Page 41 of 178 Meeting Date: Tuesday, October 28, 2014
3. Discussion and review of current West Nile Virus Response: Trophy Club Mosquito Management Program.
Senior Planner Matt Jones provided an overview of the 2012 Trophy Club Mosquito Management Program and
updated the Council regarding adding a trapping/testing section that clearly outlines the triggers for ground
spraying. Staff is researching various options, including partnering with other municipalities, piggybacking on
county contracts or contracting the trapping/testing to a third party vendor.
Council provided input regarding trapping/testing/spraying and tasked staff with bringing back more data/research
for the 2015 mosquito plan.
CONVENE INTO REGULAR SESSION - START TIME – 7:00 P.M.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Town Manager Slye.
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.
Wanda Franklin, 4 Turnbury Court, addressed the Council in request Council review the noise ordinance specifically
along HWY 114 West.
Kellen Card, 2214 Glasgow, addressed the Council regarding being able to have a lemonade stand.
Henry Card, 2214 Glasgow, addressed the Council regarding being able to have a lemonade stand to help raise
money.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
4. Consider and take appropriate action regarding the Minutes dated August 26, 2014.
5. Consider and take appropriate action regarding the Minutes dated September 15, 2014.
6. Consider and take appropriate action regarding the Minutes dated September 23, 2014.
7. Consider and take appropriate action regarding financial and variance report dated September 2014.
8. Consider and take appropriate action regarding waiving the voter registration requirement for Charles
Onyeama appointed as an alternate on the Ethics Commission.
*** Agenda item #8 removed from consent agenda at the request of Council Member Reed.
Staff provided an overview regarding Dr. Onyeama, who is currently an alternate on the Ethics Commission, lives in
Trophy Club, but is not a registered voter. Dr. Onyeama is requesting the Council to consider waving the voter
registration requirement and allow him to serve as an alternate.
Town Council Page 42 of 178 Meeting Date: Tuesday, October 28, 2014
Motion made by Council Member Shoffner, seconded by Council Member Reed, to grant the waiver for
registration requirement for Charles Onyeama appointed as an alternate on the Ethics Commission.
Motion failed 2-4-0 with Council Member Shoffner, Mayor Sanders, voting for and Council Member Parrow,
Council Member Reed , Council Member Rowe and Mayor Pro Tem Lamont voting against.
Mayor Sanders also added agenda item #13 & #14 to the consent agenda.
Council Member Reed removed agenda item #8 from the consent agenda.
Minutes dated September 23, 2014 as corrected at the dais.
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve the Consent Agenda as
corrected at the dais including agenda item #13 & #14.
Motion passed unanimously.
REGULAR SESSION
9. Consider and take appropriate action regarding proposed Town Council Meeting dates for November &
December 2014.
Dates for November
Staff proposes moving the regularly scheduled November 11th meeting to November 13th in order to meet the
required timeline for canvassing the November election with a joint meeting with Trophy Club MUD 1 to be held
before the regular session starting at 6:00 pm.
November 25th
Dates for December
Staff proposes moving the regularly scheduled December 9th Town Council meeting to December 18th in order to
canvass the election in case of a runoff and cancel December 23rd.
Tentative dates for January 2015:
January 13, 2015 – Town Council Meeting
January 19, 2015 – Founders Day Event
January 23 & 24, 2015 – Council Retreat (Budget Kick-Off for FY2015-2016 and discuss the goals and objectives for
the upcoming year)
January 27, 2015 - Town Council Meeting
Council agreed, no action was taken.
10. Consider and take appropriate action regarding the appointment of Council Members to serve on the Audit
Committee.
Motion made by Council Member Parrow, seconded by Council Member Reed, to appoint Mayor Sanders and
Council Member Rowe to the Audit Committee.
Motion passed unanimously.
11. Consider and take appropriate action regarding Drees Custom Homes placement of required fill dirt per the
approved PD-22 Villas construction plans.
Council discussed various issues regarding the route, hours, timing, frequency and safety. The developer indicated
they will work with the Hogan’s Glen HOA to try and utilize access to the development.
Town Council Page 43 of 178 Meeting Date: Tuesday, October 28, 2014
Discussion only, no action taken.
12. Consider and take appropriate action regarding an Ordinance of the Town amending Article II, “Food
Establishment Regulations” of Chapter 6, “Health and Sanitation” of the Code of Ordinances by repealing
Subsection B of Section 2.04, “Permits and Exceptions” and adopting a new Subsection 2.04(B), “Permits
and Exceptions” to exclude certain lemonade stands and similar child run operations from the requirements
of Article II; providing for an amendment; providing for severability; providing a penalty; and providing an
effective date.
Motion made by Council Member Shoffner, seconded by Council Member Parrow, to approve Ordinance 2014-33
repealing Subsection B of Section 2.04, “Permits and Exceptions” and adopting a new Subsection 2.04(B), “Permits
and Exceptions” to exclude certain lemonade stands and similar child run operations from the requirements of
Article II; providing for an amendment; providing for severability; providing a penalty; and providing an of October
14, 2014.
Motion passed unanimously.
13. Consider and take appropriate action regarding a request for approval of a Temporary Use Permit -
pursuant to Chapter 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Model Home
Parking Lot, located at 347 Tenison Trail.
*** Agenda item #13moved to consent agenda at the request of Council Member Shoffner.
This agenda item approved with consent agenda.
14. Consider and take appropriate action regarding a request for approval of a Temporary Use Permit -
pursuant to Chapter 13 - Section 5.01, of the Comprehensive Zoning Ordinance, to allow a Construction
Trailer to be located at 2850 E. HWY 114.
*** Agenda item #14 moved to consent agenda at the request of Council Member Shoffner.
This agenda item approved with consent agenda.
15. Consider and take appropriate action regarding a request for approval of a Preliminary Plat for Solana Land
Addition, Block 1, Lots 1 and 2, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club,
Denton County, Texas.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve Preliminary Plat for
Solana Land Addition, Block 1, Lots 1 and 2, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club,
Denton County, Texas.
Motion passed unanimously.
16. Consider and take appropriate action regarding a request for approval of a Final Plat for Solana Land
Addition, Block 1 (2.925 acres), Lot 1, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy
Club, Denton County, Texas, and being located in Planned Development No. 34.
A. Consider and take appropriate action regarding a Subdivider's Agreement between the Town of Trophy
Club and Trophy Lodging LTD, for Solana Land Addition, Block 1, Lot 1, an approximate 2.925 acre tract
of land; and authorizing the Mayor or his designee to execute all necessary documents.
Town Council Page 44 of 178 Meeting Date: Tuesday, October 28, 2014
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve Final Plat for Solana Land
Addition, Block 1 (2.925 acres), Lot 1, situated in the J. Henry Survey, Abstract No. 528, Town of Trophy Club,
Denton County, Texas, and being located in Planned Development No. 34.
Motion passed unanimously.
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve the Subdivider's
Agreement between the Town of Trophy Club and Trophy Lodging LTD, for Solana Land Addition, Block 1, Lot 1, an
approximate 2.925 acre tract of land.
Motion passed unanimously.
17. Consider and take appropriate action regarding a request for approval of a Site Plan for a Homewood Suites,
located at the proposed Lot 1, Block 1, Solana Land Addition, Town of Trophy Club, TX.
The Civil Engineer with Trophy Lodging answered questions from Council regarding the Homewood Suites site plan.
The developer proposed moving the brick wall in two feet, which will be maintained by the hotel and act as the
divider between the hotel property and private property owner located behind the hotel. The
developer/contractors will work with the two residents sharing the wall regarding installation and maintenance.
The signs will be backlit and the larger sign will face SH 114. Council addressed aesthetic issues regarding the
monument sign (materials, construction and size) and requested that stone matching the hotel be used for the
base of the monument sign. Council would like the grease traps not be located close to residential homes and the
dumpster wall gate needs to be more aesthetically pleasing (steel door with wood inset).
Main Motion
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve the Site Plan for
Homewood Suites, located at the proposed Lot 1, Block 1, Solana Land Addition, Town of Trophy Club, TX.
Main motion as amended by the plan passed unanimously.
Amended Motion
Motion made by Mayor Sanders, seconded by Council Member Shoffner moved to amend the main motion and
amend the Site Plan subject to the following amendments:
• Work with staff to have the front monument sign have stone on the bottom to match the building
• Grease interceptors/traps not be located close to residential homes
• Staff and developer decided exactly where the wall will stand
• Staff and developer will work with the property owners for how they get their fences connected appropriately
• Dumpster wall gate needs to be more aesthetically pleasing (steel door with wood inset)
Amended motion passed unanimously.
18. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• Election Update
• Oncor Update
• PD 30 Update
• Dino Playground Update
• Indian Creek Road Construction Update
• TCWC Community Garage Sale - Saturday, October 18th
• Fall Family Festival - Saturday, October 18th
• Fall Family Campout - Saturday, October 25th
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
Town Council Page 45 of 178 Meeting Date: Tuesday, October 28, 2014
19. 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.
No changes were made to the list.
Mayor Sanders Review our ordinances that deals with animals such as chickens, roosters and the placement of
coops.
Council Member Rowe would like to bring item #1. Consider and take appropriate action regarding residential
property renewal for tax incentives and grants for the recovery and renewal of existing residential properties
(Rowe 8/12/2014) to a workshop on the next agenda or the first November 2014 meeting.
EXECUTIVE SESSION
20. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate the
purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third person:
(1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations
CONVENE INTO EXECUTIVE SESSION - START TIME – 9:28 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 10:30 P.M.
RECONVENE INTO REGULAR SESSION
21. Consider and take appropriate action regarding the Executive Session.
No action taken.
ADJOURN
Motion made by Council Member Parrow, seconded by Council Member Reed, to adjourn. Motion carried
unanimously. Meeting adjourned at 10:31 p.m.
___________________________________ ___________________________________
Tammy Ard, Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 46 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1567-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to
provide procedures for the processing of coin payments tendered to the Town.
Attachments:Staff Report - Town's Cash Handling Policy.pdf
Draft Cash Handling Policy.pdf
Draft Coin Payments Policy Signage.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an amendment to the Town's Cash Handling Policy to provide procedures
for the processing of coin payments tendered to the Town.
Town Council Page 47 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: John Zagurski, Budget Analyst
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Town's Cash Handling Policy
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding an amendment to the Town's Cash Handling
Policy to provide procedures for the processing of coin payments tendered to the Town.
Explanation:
The Town accepts all legal currency tendered for payment of fines and fees due to the Town.
Federal law mandates requirements for acceptance of currency by governmental entities;
however, municipalities have the authority to adopt reasonable policies for the processing of
coin payments.
Based upon a recent incident involving a person attempting to tender payment of a fine to the
Municipal Court in pennies, the Town has determined it appropriate to adopt a coin payment
policy. Ultimately Staff was able to persuade the person to take the coins to the bank to be
converted to paper currency. If he had not been persuaded, the Court Clerk would have been
required to count out all pennies tendered, and in addition to taking several hours for the Clerk
to count by hand, she would have had to stop the counting process to help other customers
and those interruptions could have contributed to errors in counting and prolonged the
process.
Attachments:
• Draft Cash Handling Policy
• Draft Coin Payments Policy Signage
Recommendation:
To promote the most efficient use of staff time and public funds it is the recommendation of
staff to amend the Town of Trophy Club’s Cash Handling Policy to include the following
standards for processing of coin payments:
Payment of Fees and Fines tendered in coins will be accepted until 10:00 a.m. each day. Payers
must anticipate a delay in crediting of payments while coin payments are triple counted for
Town Council Page 48 of 178 Meeting Date: Tuesday, October 28, 2014
accuracy. For coin payments tendered in currency less than a quarter ($0.25), Staff will utilize a
maximum of one (1) hour during the business day to complete the triple counting process.
Payer must remain on premises while coins are being counted. If counting cannot be completed
within that one (1) hour period, the balance of the currency will be returned to the Payer, a
receipt will be issued for the partial payment, and the Payer may return the following business
day to complete the tender of payment. If payment in full is not received or a payment in not
completed until after a delinquency date, Payer will be subject to delinquency fees as well as
other fees and penalties authorized by law. A sign advising the public of the Town’s Coin
Payment Policy shall be posted to provide notice to the public.
Town Council Page 49 of 178 Meeting Date: Tuesday, October 28, 2014
TOWN OF TROPHY CLUB
CASH HANDLING POLICY
CASH:
During hours of operation, coins, currency and checks will be secured in a designated locked drawer or cash
register.
When not in use all coins, currency and checks must be stored in one of three locking bank bags assigned to
each cashier and secured in the designated safe.
Each cashier will be assigned a cash till (cash drawer) for use during their scheduled shift. Cash in this till
remains the property of the Town of Trophy Club and at no time will be converted to or otherwise allowed for
personal use. There is only one cashier assigned per till. When not in use, the till must be secured in one of
the three locking bank bags assigned to each cashier.
Cash tills are provided to perform the function of cashier only. At no time will the cashier use this till to cash
checks, pay vouchers, provide petty cash, issue refunds, or any other cash related function except to make
change for cash transactions, store cash received for services/goods, and store check payments received for
same said functions.
Cash tills must be counted at the beginning of a shift and at shift end to ensure the till is at the issued balance.
EACH CASH TILL MUST ALWAYS REMAIN AT THE ISSUED BALANCE.
Cash till variances, missing tills, or theft must be reported immediately to the supervisor.
COIN PAYMENTS
Payment of Fees and Fines tendered in coins will be accepted until 10:00 a.m. each day. Payers must
anticipate a delay in crediting of payments while coin payments are triple counted for accuracy. For coin
payments tendered in currency less than a quarter ($0.25), Staff will utilize a maximum of one (1) hour during
the business day to complete the triple counting process. Payer must remain on premises while coins are
being counted. If counting cannot be completed within that one (1) hour period, the balance of the currency
will be returned to the Payer, a receipt will be issued for the partial payment, and the Payer may return the
following business day to complete the tender of payment. If payment in full is not received or a payment is
not completed until after a delinquency date, Payer will be subject to delinquency fees as well as other fees
and penalties authorized by law. A sign advising the public of the Town’s Coin Payment Policy shall be posted
to provide notice to the public.
CHECKS:
Proper identification must be requested from the presenting party. Lack of identification is proper grounds for
check refusal. Checks must be restrictively endorsed upon receipt (i.e. stamped “For Deposit Only” upon
receipt).
Checks must be made payable to the Town of Trophy Club and are to be accepted for the amount of the
purchase/transaction only.
Personal checks can not be exchanged for cash.
Checks must not be post dated or otherwise held for future processing.
Town Council Page 50 of 178 Meeting Date: Tuesday, October 28, 2014
Third party checks are not permitted.
REPORTING AND DEPOSITS:
Record each transaction in designated cash receipt application or cash register immediately when received.
Payment type (cash, check, or credit card) must be indicated on each transaction.
Daily reconciliations are required for each cashier’s shift. The reconciliation for each cashier’s shift must be
completed immediately at the close of his/her shift. Each cashier will prepare a deposit slip related to that
shift’s transactions. The original deposit slip and all cash and checks related to that shift’s receipts must be
secured in one of the cashier’s bank bags and turned into the cashier’s supervisor or his/her designee. The
remaining cashier’s designated till will be secured in a locking bank bag assigned to the cashier. Each cashier
must close out their respective transactions at the end of each shift and balance the cash and checks to the
transaction report and/or the cash register tape for the same period. The supervisor or his/her designee will
deliver all deposits related to the previous business day to the Finance Department along with the cash
receipts report and related duplicate copy of the deposit slip.
Cash counting and/or deposit preparation must be performed out of public view.
If a cashier’s cash and checks do not balance to the transaction report for the same period, the resulting
shortage or overage must be reported immediately to the cashier’s supervisor. The cashier will secure all
relevant documents, reports, and the related cash and checks in a locking bank bag and provide such to the
supervisor or his/her designee. The supervisor will notify the Director of Finance and take the locked bank bag
to the Director of Finance or his/her designee. The Director of Finance and/or his/her designee will verify the
shortage or overage.
Town Council Page 51 of 178 Meeting Date: Tuesday, October 28, 2014
Town of Trophy Club, Coin Payments Policy:
Payment of Fees and Fines tendered in coins will be accepted until 10:00
a.m. each day. Payers must anticipate a delay in crediting of payments
while coin payments are triple counted for accuracy. For coin payments
tendered in currency less than a quarter ($0.25), Staff will utilize a maximum
of one (1) hour during the business day to complete the triple counting
process. Payer must remain on premises while coins are being counted. If
counting cannot be completed within that one (1) hour period, the balance of
the currency will be returned to the Payer, a receipt will be issued for the
partial payment, and the Payer may return the following business day to
complete the tender of payment. If payment in full is not received or a
payment is not completed until after a delinquency date, Payer will be
subject to delinquency fees as well as other fees and penalties authorized
by law.
Thank you for your cooperation.
Town Council Page 52 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1568-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27
authorizing participation in various cooperative purchasing programs and adopting a new resolution
authorizing participation in various cooperative purchasing programs in accordance with the Town’s
Procurement Policies and Procedures authorizing execution of any and all necessary agreements for
participation in the cooperative programs by the Mayor or his designee and approving related
contracts and the payment of related fees in accordance with the budget and providing an effective
date.
Attachments:RES 2014-41 Repealing RES 2014-27 Authorizing Participation in Coop Purchasing Programs.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-27authorizing participation
in various cooperative purchasing programs and adopting a new resolution authorizing participation in various
cooperative purchasing programs in accordance with the Town’s Procurement Policies and Procedures authorizing
execution of any and all necessary agreements for participation in the cooperative programs by the Mayor or his
designee and approving related contracts and the payment of related fees in accordance with the budget and providing
an effective date.
Town Council Page 53 of 178 Meeting Date: Tuesday, October 28, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014-41
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-27
AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE
PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION
AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE
PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S
PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING
THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR
TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS
DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE
PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY
AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE
COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE
AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF
RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a
local government to participate in a cooperative purchasing program and provides that
purchases made pursuant to an agreement with a local cooperative organization satisfy
state laws requiring the local government to seek competitive bids for the purchase of
the goods or services; and
WHEREAS, the Procurement Policies and Procedures of the Town of Trophy
Club authorize purchases from a cooperative purchasing program or other approved
state program provided that the Town Council has approved participation; and
WHEREAS , Town’s participation in the cooperative purchasing programs and
other approved state programs will improve efficiency in the purchasing process by
allowing the Town to meet competitive bid requirements, to identify and purchase goods
and services from qualified vendors, to relieve the burdens of the governmental
purchasing function, and to realize the various potential economies, including
administrative cost savings that such programs provide; and
WHEREAS, upon consideration of the cooperative purchasing programs
specified in this Resolution, and all matters attendant and related thereto, the Town
Council is of the opinion that the Town’s participation in these programs is beneficial
and should be approved, that Resolution No. 2014-27 should be repealed in its entirety,
that this Resolution be adopted, and that the Town Manager or his designee is
appointed as the Program Coordinator for the Town’s membership in such cooperative
programs; and
Town Council Page 54 of 178 Meeting Date: Tuesday, October 28, 2014
WHEREAS, in the event that participation in any of the cooperative purchasing
programs approved by this Resolution requires the execution of an Agreement and / or
the payment of a fee, such Agreement and fee are hereby approved and the Mayor or
his designee is hereby authorized to execute any necessary Agreements for
participation in such program(s) and the Program Coordinator is authorized to approve
the payment of applicable fees provided that funds are budgeted and available for such
participation.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section 1. The foregoing premises, which are hereby found to be true and to
be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted.
Section 2. The Town’s participation in the following cooperative purchasing
programs is hereby authorized and approved in accordance with the terms of this
Resolution and of the Town of Trophy Club Procurement Policies and Procedures:
BuyBoard
Choice Partners
City of Frisco
Denton County
Department of Information Resources (DIR)
Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC)
National Joint Powers Alliance (NJPA)
North Central Texas Council of Government Cooperative Purchasing Program (NCTCOG)
Tarrant County
Texas Building and Procurement Commission (TBPC)
Texas Interlocal Purchasing System (TIPS)
Texas Multiple Award Schedules (TXMAS)
Texas Procurement and Support Services (TPASS)
The Cooperative Purchasing Network (TCPN)
Trusted Purchasing Alliance (TPA)
US Communities
US General Services Administration (GSA)
Western States Contracting Alliance
Section 3. The Town Manager or his designee is appointed as the Program
Coordinator for the Town’s membership in approved cooperative purchasing programs.
The Program Coordinator is authorized to approve the payment of applicable fees for
approved programs provided that funds are budgeted and available for such
participation.
Section 4. The Mayor or his designee is hereby authorized to execute any
necessary Agreements for participation in such program(s) according to the terms and
Town Council Page 55 of 178 Meeting Date: Tuesday, October 28, 2014
conditions set forth in this Resolution and the Town’s Procurement Policies and
Procedures.
Section 5. This Resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 28th day of October, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 56 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1569-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding the approval of the Town's application for Electric
Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT Membership
Agreement; authorizing the payment of required membership fees; and authorizing the Mayor or his
designee to execute necessary documents.
Attachments:Staff Report - ERCOT Membership 2015.pdf
ERCOT Membership Application and Agreement.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the approval of the Town's application for Electric Reliability Council of
Texas (“ERCOT”)membership for 2015 and the ERCOT Membership Agreement; authorizing the payment of required
membership fees; and authorizing the Mayor or his designee to execute necessary documents.
Town Council Page 57 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Electric Reliability Council of Texas (“ERCOT”) Membership 2015
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding the approval of the Town's application for
Electric Reliability Council of Texas (“ERCOT”) membership for 2015 and the ERCOT
Membership Agreement; authorizing the payment of required membership fees; and
authorizing the Mayor or his designee to execute necessary documents.
Explanation:
Trophy Club was not included in last year’s membership renewal activity. Cost to join is $100.
What is ERCOT?
ERCOT is the entity responsible for operating the electric grid in the deregulated portion of
Texas. Furthermore, ERCOT maintains the set of complicated rules that frame the way that
electricity is bought and sold in the deregulated wholesale market. Through a process of
negotiation and deliberation within committees of interested parties, the ERCOT stakeholder
process is constantly reviewing and revising these rules, known as the ERCOT protocols. Most of
the issues addressed at ERCOT are addressed nowhere else — the PUC has largely delegated
these issues to the ERCOT stakeholder process.
What role can cities play in the ERCOT process?
Consumers, such as cities and other political subdivisions, have a voice in ERCOT’s decision-
making process. Each segment of the ERCOT market has a vote on issues before ERCOT,
through its representatives on the Technical Advisory Committee (“TAC”) and the Board of
Directors. Cities and other political subdivisions qualify to join ERCOT and elect TAC and Board
members in the Commercial Consumer Segment.
TAC and the Board are the bodies responsible for making the most important decisions about
the detailed workings of the ERCOT market. These decisions can have bottom-line impacts on
electricity prices. Approximately 140 cities and other political subdivisions joined ERCOT in
2014. With this membership strength, cities successfully elected two city representatives to TAC
and one director to ERCOT’s Board of Directors for 2014. A strong contingent of city members
would make continuation of this robust presence likely for 2015.
Town Council Page 58 of 178 Meeting Date: Tuesday, October 28, 2014
As you know, ERCOT faced many challenges in 2014 including rolling black-outs, fierce debates
over the future of the deregulated market, and questions over how the grid should be
expanded in areas such as Houston or the Lower Rio Grande Valley. We expect the PUC and the
ERCOT stakeholder process to re-examine significant aspects of Texas’s deregulated market
design in 2015, making cities’ presence in the ERCOT process on behalf of consumers of
continued importance.
What does an ERCOT membership require?
It is not difficult to obtain an ERCOT membership. A simple form is required, along with
payment of a $100 membership fee. In the pages that follow, you will find a guide to
completion of the form. We are also available to assist you; please feel welcome to call me
(Chris Brewster) at 512-322-8531, or email me at cbrewster@lglawfirm.com.
The most important aspect of an ERCOT membership is that it entitles you to vote in the
upcoming ERCOT elections for 2015. We expect to be able to field a full slate of city candidates
to serve in the available TAC and Board of Directors positions. In order to vote, however,
ERCOT must receive your membership form and $100 fee by November 7, 2014.
Attachments:
• ERCOT Membership Application and Agreement
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Staff recommends approval of the Electric Reliability Council of Texas (“ERCOT”) Membership
for 2015.
Town Council Page 59 of 178 Meeting Date: Tuesday, October 28, 2014
ELECTRIC RELIABILITY COUNCIL OF TEXAS, INC.
MEMBERSHIP APPLICATION AND AGREEMENT FOR MEMBERSHIP YEAR 2015
This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of
Texas Inc. (ERCOT) and Town of Trophy Club (Applicant). In consideration of the mutual covenants contained
herein, the parties hereby agree that the Applicant shall become an ERCOT Member and receive the ERCOT
Member Services and benefits described herein, subject to the terms and conditions of this Agreement. This
Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the
qualifications for ERCOT Membership.
Capitalized terms that are not defined in this Agreement shall have the meaning as defined in the ERCOT Bylaws
or the ERCOT Protocols.
A. Membership Application Information
1. Name of Entity applying for Membership: Town of Trophy Club
2. Type of Membership: Check ONE type of Membership. Affiliated Entities as defined in the
ERCOT Bylaws may hold only one Corporate Membership.
Entities applying for additional Memberships, such as an Associate Membership, must use a
separate Agreement for each Membership. The applicable fees are listed below and entitle
Members to services ERCOT provides such as hosting ERCOT meetings, providing Members
with necessary information and such other Member Services as may from time to time be offered.
Please note that any Member may request that the Member’s Annual Member Service Fees be
waived for good cause shown.
Corporate. Voting. $2,000 per Membership Year (except Residential and Commercial
Consumer Members fees are $100 per year). Corporate Membership includes the right to vote on
matters submitted to the general membership such as election of Board Directors, election of
Technical Advisory Committee (TAC) Representatives and TAC subcommittees thereof and
amendments to the Articles of Incorporation and the ERCOT Bylaws. Residential Consumer
Members do not elect a Director to represent the Residential Consumer interests as the Public
Counsel is mandated to represent these interests.
Associate. Non-voting. $500 per Membership Year (except Residential and Commercial
Consumer Members fees are $50 per year). Associate Membership includes no voting rights.
However, an Associate Member may be elected by Corporate Members to serve as a voting
member of the Board, TAC or a TAC subcommittee thereof.
Adjunct. Non-voting. $500 per Membership Year. Entities not meeting the Segment
requirements for Membership may join as Adjunct Members upon Board approval. Adjunct
Membership does not include voting rights or the right to be elected to the Board, TAC or a TAC
subcommittee thereof.
3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered
to ERCOT by the Record Date in order for the Member to participate in the elections for the
Membership Year. Please make checks payable to ERCOT and mail to ERCOT, Attention: Legal
Department, 7620 Metro Center Drive, Austin, Texas 78744. Please send an email to
membership@ercot.com for wire instructions.
Town Council Page 60 of 178 Meeting Date: Tuesday, October 28, 2014
4. Segment Participation: (Check ONE Segment designation.)
Consumer. Any Entity representing the interests of end-users of electricity in the
ERCOT Region.
Check ONE Subsegment designation:
Residential Consumer
Small Commercial Consumer (Peak demand of 1000 KW or less)
Large Commercial Consumer (Peak demand greater than 1000 KW)
Industrial Consumer (Average monthly demand greater than 1 megawatt and
engaged in an industrial process)
Cooperative. An Entity operating in the ERCOT Region that is: (i) a corporation
organized under Chapter 161 of the Texas Utilities Code or a predecessor statute to Chapter 161
and operating under that chapter; (ii) a corporation organized as an electric cooperative in a state
other than Texas that has obtained a certificate of authority to conduct affairs in the State of
Texas; (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50.01 or a
predecessor to that statute and operating under that statute; or (iv) a River Authority as defined in
Tex. Water Code §30.003.
Independent Generator. Any Entity that is not a Transmission and Distribution Entity
(T&D Entity) or an Affiliate of a T&D Entity and (i) owns or controls generation of at least 10
MW in the ERCOT Region; or (ii) is preparing to operate and control generation of at least 10
MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any
necessary real property rights, has given the connecting transmission provider written
authorization to proceed with construction and has provided security to the connecting
transmission provider.
Independent Power Marketer. Any Entity that is not a T&D Entity or an Affiliate of a
T&D Entity and is registered at the Public Utility Commission of Texas (PUCT) as a Power
Marketer to serve in the ERCOT Region.
Independent REP. Any Entity that is certified by the PUCT to serve in the ERCOT
Region as a Retail Electric Provider (REP) under PURA §39.352 and that is not an Affiliate of a
T&D Entity operating in the ERCOT Region.
Aggregators may register to participate in this Segment if unable to qualify in
any other Segment.
Investor-Owned Utility. (i) An investor-held, for-profit “electric utility” as defined in
PURA §31.002(6) that (a) operates within the ERCOT Region, (b) owns 345 kV interconnected
transmission facilities in the ERCOT Region, (c) owns more than 500 pole miles of transmission
facilities in the ERCOT Region, or (d) is an Affiliate of an Entity described in (a), (b) or (c); or
(ii) a public utility holding company of any such electric utility.
Municipal. An Entity operating in the ERCOT Region that owns or controls transmission
or distribution facilities, owns or controls dispatchable generating facilities, or provides retail
electric service and is either: (i) a municipally owned utility as defined in PURA §11.003 or (ii) a
River Authority as defined in Tex. Water Code §30.003.
Town Council Page 61 of 178 Meeting Date: Tuesday, October 28, 2014
5. Identify your designated representative for required notices to ERCOT Members and for
participation in meetings of the Corporate Members:
Name: Mike Slye
Title: Town Manager
Address: 100 Municipal Drive
City, State, Zip: Trophy Club, TX 76262
Phone: 682-831-4600
Fax: 817-491-9312
Email: mslye@trophyclub.org
6. List any other ERCOT Memberships held by the Applicant or any Affiliates (attach extra pages if
necessary):
(a) Entity name:
Segment:
(b) Entity name:
Segment:
(c) Entity name:
Segment:
B. Membership Agreement
1. Membership. Membership in ERCOT is open to any Entity that meets any of the Segment
definitions set forth in the Bylaws. Members must be an organization that either operates in the ERCOT
Region or represents consumers within the ERCOT Region. Members may join as a Corporate, Associate
or Adjunct Member subject to the criteria set forth in the ERCOT Bylaws. Members must apply for
Membership through an authorized officer or agent.
2. Fees. Annual Member Services Fees are described in the ERCOT Bylaws and may be changed
through the procedure set forth therein. Any change in fees shall automatically become effective as to all
ERCOT Members without the necessity of amending this Agreement. All Memberships are year to year
and must be renewed annually. Annual Member Services Fee renewals shall be due by the record date for
the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew in
yearly increments upon ERCOT’s receipt of the following (1) Member’s Renewal Application and (2)
Member’s applicable Annual Member Services Fee. Any Member may request that the Member’s
Annual Member Service Fees be waived for good cause shown.
3. Application for Membership. Members will submit the following items in order to apply for
Membership: (i) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement.
Upon approval, ERCOT will promptly notify Member Applicant of the same.
4. Change of Designated Representative. An ERCOT Member may change its representative at
any time by written request (signed by a duly authorized representative of the ERCOT Member)
submitted to the ERCOT Legal Department at membership@ercot.com.
5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they
may be amended from time to time, and any other rule or regulation duly adopted by the Board of
Town Council Page 62 of 178 Meeting Date: Tuesday, October 28, 2014
Directors. Any ERCOT Member, who willfully violates any provision of this Agreement, the ERCOT
Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded,
suspended, and/or expelled in accordance with procedures adopted by the Board of Directors or set forth
in the ERCOT Bylaws. Such action will affect all persons deriving Membership privileges through such
ERCOT Member.
6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or
extended and the terms and conditions hereof may be waived only by a written instrument executed by
both parties hereto or, in the case of a waiver, by the party waiving compliance.
7. Governing Law. This Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely
within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the
exclusive jurisdiction of Texas.
IN WITNESS WHEREOF, the Member certifies that (i) the Member meets the requirements for ERCOT
Membership in the Segment designated herein; (ii) all information provided herein is true and correct to the best
of the Member’s knowledge; and (iii) through its authorized representative the Member agrees to be bound by the
terms of this Agreement, the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors.
By: _________________________________________
Printed Name: C. Nick Sanders
Title: Mayor
Date: October 28, 2014
Town Council Page 63 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1559-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and the
City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the
Uniform Tailor; and authorizing the Town Manager or his designee to execute all necessary
documents.
Attachments:Staff Report - ILA with City of Frisco for the purchase of Law Enforcement Uniforms.pdf
City of Frisco Agenda Memo – Law Enforcement Uniforms.pdf
Bid Award Letter – August 7, 2013.pdf
Bid Award Renewal Letter – June 6, 2014.pdf
Bid Tabulation – Law Enforcement Uniforms.pdf
Interlocal Agreement.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Interlocal Agreement between the Town and the City of Frisco for the
purchase of Law Enforcement Uniforms as part of Cooperative Bid with Red the Uniform Tailor; and authorizing the Town
Manager or his designee to execute all necessary documents.
Town Council Page 64 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Tammy Ard, Town Secretary
CC: Mike Slye, Town Manager
Re: Interlocal Agreement with City of Frisco for the purchase of Law Enforcement
Uniforms as part of Cooperative Bid with Red the Uniform Tailor
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding an Interlocal Agreement between the Town of
Trophy Club and the City of Frisco for the purchase of Law Enforcement Uniforms as part of
Cooperative Bid with Red the Uniform Tailor; and authorizing the Town Manager or his
designee to execute all necessary documents.
Explanation:
On August 6, 2013 the City of Frisco awarded a Cooperative Bid for Law Enforcement Uniforms
to Red the Uniform Tailor and renewed the annual contract on June 6, 2014. The Interlocal
agreement between the Town of Trophy Club and the City of Frisco will allow the Town to use
the City of Frisco’s negotiated contract pricing for the purchase of various goods and services
commonly utilized by the participants at Red the Uniform Tailor in Carrollton.
Attachments:
• City of Frisco Agenda Memo – Law Enforcement Uniforms
• Bid Award Letter – August 7, 2013
• Bid Award Renewal Letter – June 6, 2014
• Bid Tabulation – Law Enforcement Uniforms
• Interlocal Agreement
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Town Council Page 65 of 178 Meeting Date: Tuesday, October 28, 2014
Recommendation:
Staff recommends approval of the Interlocal Agreement between the Town of Trophy Club and
the City of Frisco for the purchase of Law Enforcement Uniforms as part of Cooperative Bid with
Red the Uniform Tailor.
Town Council Page 66 of 178 Meeting Date: Tuesday, October 28, 2014
Department of Administrative Services
City of Frisco, Texas
Memorandum
To: Honorable Mayor Maso and City Council Members
Thru: George Purefoy, City Manager
Nell Lange, Assistant City Manager
Tom Johnston, Director of Administrative Services
From: Daniel Ford, Purchasing Manager
Date: July 22, 2013
Subject: Consider and Act Upon Award of Bid #1306-061, Cooperative Bid
for Law Enforcement Uniforms, to Red the Uniform Tailor
Action Requested: City Council award of Bid #1306-061, Cooperative Bid for Law
Enforcement Uniforms, to Red the Uniform Tailor in the total estimated cooperative
annual amount of $456,532.
Background Information: The Purchasing Division solicited bid #1306-061 for Law
Enforcement Uniforms. Bids were received on 7/10/2013 from Red the Uniform
Tailor, GST Public Safety and Nardis Public Safety. Staff is recommending Red the
Uniform Tailor as the lowest responsible bidder. The City of Frisco solicited this bid as
the lead agency in a cooperative bid that included the estimated annual usage of
Frisco, Allen, Coppell, Corinth, Farmers Branch, Grand Prairie, Grapevine, Little Elm
and Roanoke. By combining the estimated usage of these entities, the cooperative
contract realizes competitive pricing and reduced administrative cost of bidding to the
other entities. The total estimated amount for all entities is $456,532. The City of
Frisco’s estimated annual usage is $50,000. The term of the agreement is one year
with four (4) additional one (1) year renewals.
Board/ Citizen Input: N/A
Alternatives: City Council could choose not to award at this time.
Financial Considerations: Funding is available through the Police Department
operating budget.
Legal Review: N/A
Supporting Documents: Department memo and bid tabulation.
Town Council Page 67 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 68 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 69 of 178 Meeting Date: Tuesday, October 28, 2014
Daniel Ford
City of Frisco
Purchasing Manager
6101 Frisco Square Boulevard
Frisco, Texas 75034
June 2, 2014
Dear Mr. Ford
Please find the attached renewal letter for Best Value Bid 1306-061 with Red The Uniform
Tailor signed by Chief Operating Officer, Patricia Klein.
Additionally, as per page 20 of the contract we are requesting the following price changes occur
during this renewal due to a vast increase in cost from our distributor, The Dehner Company.
Below is communication directly from Dehner and also attached in this packet is the price
increase letter she is referring to in the below communication.
“The attached letter went along with the price lists. We experienced roughly an 8% increase in black
calfskin and domestic leather and a 12% increase on our imported calfskin in colors other than black.
I shudder to see what happens in the months to come; we were told of an increase today for insoles. The
increase was approximately 33%! Please keep in mind as you bid on any new contracts that there will
undoubtedly be an increase next February as well.”
Regards,
Kathy Kovalskas
The Dehner Company, Inc.
(402) 342-7788
Items relative to this increase on the bid are as follows:
Top Strap Dress Instep Patrol Boots-Dehner, current price $785.00
requested increase $879.20, which is a 12% increase as noted above
Custom Motor Boots Double Nitrene Sole-Dehner, current price $675.00
requested increase $756.00, which is a 12% increase as noted above.
Town Council Page 70 of 178 Meeting Date: Tuesday, October 28, 2014
One additional addendum is relative to the oversize pricing, the charge for oversizes from Elbeco
were left off the initial oversize pricing attachment. The below items and the oversize charges
are noted below:
Elbeco Short Sleeve Tactical Polo, all colors (Elbeco K5131)
2X thru 3X, add 20% = $36.25 4X, add 40% = $48.35 5X, add 50% = $57.98
Elbeco Long Sleeve Tactical Polo, all colors (Elbeco K5141)
2X thru 3X, add 20% = $39.85 4X, add 40% = $53.10 5X, add 50% = $63.70
Red The Uniform Tailor has sincerely enjoyed the formed partnership this past year with the
City of Frisco and we look forward to a continued and improved 2014-2015.
Please let me know if you have any questions.
Kimberly L. Sylvester
General Manager
Red The Uniform Tailor
3200 Commander Drive
Suite 114
Carrollton, Texas 75006
Town Council Page 71 of 178 Meeting Date: Tuesday, October 28, 2014
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INTERLOCAL AGREEMENT
This Interlocal Agreement (“Agreement”) is made and entered into this 28th day of
October, 2014, by and between the CITY OF FRISCO, Texas (hereinafter called
"FRISCO"), and the TOWN OF TROPHY CLUB, Texas (hereinafter called "TROPHY
CLUB"), each acting by and through its duly authorized officials:
WHEREAS, FRISCO and TROPHY CLUB are both governmental entities engaged in
the purchase of goods and services, which is a recognized governmental function;
WHEREAS, FRISCO and TROPHY CLUB wish to enter into this Agreement pursuant to
Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act")
to set forth the terms and conditions upon which FRISCO and TROPHY CLUB may
purchase various goods and services commonly utilized by each party;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the
taxpayers of FRISCO and TROPHY CLUB through the anticipated savings to be
realized and is of mutual concern to the contracting parties;
WHEREAS, FRISCO and TROPHY CLUB have current funds available to satisfy any
fees owed pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein; FRISCO and TROPHY CLUB agree as
follows:
1. FRISCO and TROPHY CLUB may cooperate in the purchase of various goods
and services commonly utilized by the participants, where available and applicable, and
may purchase goods and services from vendors under present and future contracts.
2. FRISCO and TROPHY CLUB shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such contracts. FRISCO and TROPHY CLUB shall
each make their respective payments from current revenues available to the paying
party.
3. Notwithstanding anything herein to the contrary, participation in this Agreement
may be terminated by any party upon thirty (30) days written notice to the other
participating party(ies).
4. The undersigned officer and/or agents of the party(ies) hereto are duly
authorized officials and possess the requisite authority to execute this Agreement on
behalf of the parties hereto.
Town Council Page 90 of 178 Meeting Date: Tuesday, October 28, 2014
5. This Agreement may be executed separately by the participating entities, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
6. This Agreement shall become effective on the day and year first written above
(the “Effective Date”). The primary term of this Agreement shall be for one (1) year,
commencing on the Effective Date and terminating on October 1, 2015, and shall
thereafter automatically renew for successive one-year terms, unless terminated
according to the terms set forth in Paragraph 3.
7. To the extent allowed by law, each party agrees to release, defend, indemnify,
and hold harmless the other (and its officers, agents, and employees) from and against
all claims or causes of action for injuries (including death), property damages (including
loss of use), and any other losses, demands, suits, judgments and costs, including
reasonable attorneys’ fees and expenses, in any way arising out of, related to, or
resulting from its performance under this agreement, or caused by its negligent acts or
omissions (or those of its respective officers, agents, employees, or any other third
parties for whom it is legally responsible) in connection with performing this agreement.
8 The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement.
9. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had never been included.
10. This Agreement embodies the entire agreement between the parties and may
only be modified in writing executed by both parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs,
personal representatives and assigns. Neither party will assign or transfer an interest in
this Agreement without the written consent of the other party.
12. It is expressly understood and agreed that, in the execution of this Agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not
create any obligations, express or implied other that those set forth herein, and this
Agreement shall not create any rights in parties not signatories hereto.
13. The declarations, determinations and findings declared, made and found in the
preamble to this Agreement are hereby adopted, restated and made part of the
operative provisions hereof.
Town Council Page 91 of 178 Meeting Date: Tuesday, October 28, 2014
EXECUTED hereto on the day and year first above written.
CITY OF FRISCO TOWN OF TROPHY CLUB
George Purefoy By: Mike Slye
City Manager Town Manger
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the _ day of ______, 2014, by
George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home-rule municipal
corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the _day of ,
2014, by of the TOWN OF TROPHY CLUB, TEXAS, a
home-rule municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
Town Council Page 92 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1571-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/21/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and
Denton County for Public Safety Application and Maintenance Support; and authorizing the Mayor or
his designee to execute all necessary documents.
Attachments:Staff Report - Denton County for Public Safety Application Support and Maintenance.pdf
Letter regarding Interlocal Cooperation Agreement Public Safety Application and Maintenance
Interlocal Cooperation Agreement Public Safety Application and Maintenance Support.pdf
Exhibit A & B.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Interlocal Agreement between the Town and Denton County for Public
Safety Application and Maintenance Support; and authorizing the Mayor or his designee to execute all necessary
documents.
Town Council Page 93 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Chief Danny Thomas
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Denton County for Public Safety Application Support and Maintenance
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding an Interlocal Agreement between the Town and
Denton County for Public Safety Application and Maintenance Support; and authorizing the
Mayor or his designee to execute all necessary documents.
Explanation:
This annual maintenance and service agreement covers support and training for our Computer
Aided Dispatching (CAD) and record management system (Firehouse). This a split between Fire
and EMS.
Attachments:
• Letter regarding Interlocal Cooperation Agreement Public Safety Application and
Maintenance Support
• Interlocal Cooperation Agreement Public Safety Application and Maintenance Support
• Exhibit A & B
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Staff recommends approval of the Interlocal Agreement between the Town and Denton County
for Public Safety Application and Maintenance Support.
Town Council Page 94 of 178 Meeting Date: Tuesday, October 28, 2014
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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1575-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:10/23/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for
Waters Edge at Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all
necessary documents.
Attachments:Staff Report - Waters Edge at Hogan’s Glen, Phase 3.pdf
Subdivider's Agreement - Waters Edge at Hogan's Glen Ph III.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement for Waters Edge at
Hogan’s Glen, Phase 3; and authorizing the Mayor or his designee to execute all necessary documents.
Town Council Page 119 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Matt Jones, Senior Planner
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Amendment - Subdivider’s Agreement – Waters Edge at Hogan’s Glen, Phase 3
Town Council Meeting, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding an amendment to the Subdivider’s Agreement
for Waters Edge at Hogan’s Glen, Phase 3 and authorizing the Mayor or his designee to execute
all necessary documents.
Explanation:
The final plat of Waters Edge at Hogan’s Glen, Phase 3 was approved by Town Council on
August 12, 2014. The Subdivider’s Agreement for the public infrastructure construction of
Canterbury Hills, Phase 3 was approved by the Town Council on August 12, 2014.
Typically, the public construction costs estimates determine the amount due for inspections
(5% of the project’s total public construction estimate). In this case, the inspection fees were
based off of the total construction cost estimates for the project and not the public
improvement construction cost estimates. The original Subdivider’s Agreement reflects total
construction estimates of $915,806.80 (inspection fee - $45,790.34). This was done in error,
and the appropriate amounts should reflect the costs of the public improvements for the
project which are $565,385.20 (inspection fee - $28,269.26) which have been reviewed by the
Town Engineer and are an accurate amount for the scope of work to be done on the public
improvements for the project.
The developer has also requested to add to the Subdivider’s Agreement that upon Substantial
Completion of the improvements for the project that 10% (2 lots) be released for building
permits. This is standard in previous Subdivider’s Agreements and was unintentionally left out
of the original agreement.
Attachments:
• Subdivider’s Agreement
Town Council Goals:
Goal #1: Safe and secure community.
Town Council Page 120 of 178 Meeting Date: Tuesday, October 28, 2014
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Staff recommends approval of the Amended Subdivider’s Agreement for Waters Edge at
Hogan’s Glen, Phase 3.
Town Council Page 121 of 178 Meeting Date: Tuesday, October 28, 2014
WATERS EDGE AT HOGAN’S GLEN, PHASE III
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 Waters Edge at Hogan’s Glen, Phase III, more particularly described as a
tract of land consisting of approximately 21.123 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 August 12, 2014, 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
Town Council Page 122 of 178 Meeting Date: Tuesday, October 28, 2014
for being insured, licensed and bonded to perform work in public rights-of-
way and to be qualified in all respects to bid on public streets and public
projects of a similar nature. The DEVELOPER agrees to submit contract
documents to the TOWN and participate in a pre-construction meeting with
the TOWN and all Developer contractors.
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
Town Council Page 123 of 178 Meeting Date: Tuesday, October 28, 2014
amounts required for the completion of the PROJECT if the work is not
completed as required hereunder.
F. The payment bond(s) shall be submitted in statutory form guaranteeing
payment of all labor and material costs of the Project and shall be furnished
solely for the protection of all claimants supplying labor and material in the
performance of the work provided for under this AGREEMENT. The
maintenance bond(s) shall guarantee the payment of any and all necessary
maintenance of the Project for a 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.
Town Council Page 124 of 178 Meeting Date: Tuesday, October 28, 2014
H. It is further agreed and understood by the parties hereto that upon
acceptance thereof by the TOWN of all public improvements and facilities as
described in Section II of this Agreement, title to all such improvements and
facilities shall be vested in the TOWN, and the DEVELOPER hereby
relinquishes any right, title, or interest in and to such improvements and
facilities or any part thereof. It is further understood and agreed that until the
TOWN accepts such improvements and facilities, the TOWN shall have no
liability or responsibility with respect thereto. Acceptance of the
improvements and facilities shall occur at such time as the TOWN, through
its TOWN Engineer, provides the DEVELOPER with a written
acknowledgment that all improvements and facilities are complete, have
been inspected and approved and are being accepted by the TOWN.
I. The DEVELOPER’S Engineer has prepared detailed estimates of
$565,385.20 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 Payment,
Performance and Maintenance Bonds provided by the DEVELOPER shall
cover only the public improvements and facilities for this Project. 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. The list of contractors/subcontractors
shall be updated within seven days of any changes. The DEVELOPER
agrees to give the TOWN at least twenty-four (24) hours prior written notice
of his/her intent to commence construction of all public improvements and
facilities, so that the TOWN, if it so desires, may have its representatives
available to inspect the beginning and continuing progress of all work.
DEVELOPER shall submit all documentation evidencing that each of the
Guarantees required under this Agreement have been provided and all
Town Council Page 125 of 178 Meeting Date: Tuesday, October 28, 2014
required insurance has been obtained prior to the pre-construction meeting.
L. The DEVELOPER agrees to notify all contractors and subcontractors
working on the PROJECT that all their work is subject to inspection by a
TOWN Inspector at any time, and that such inspection may require a
certification by the contractors and subcontractors of the type, kind, and
quality of materials used on the PROJECT.
M. Should any work or construction of improvements or facilities on the
PROJECT which has not been contemplated in the current construction
documents (plans and specifications), the plat, or this AGREEMENT,
become necessary due to site conditions, then the DEVELOPER shall be
required to contact in writing (with a copy to the TOWN of Trophy Club), with
the TOWN Engineer to determine how such work or construction should
progress. The DEVELOPER further agrees to follow all reasonable
recommendations and requirements imposed by the TOWN Engineer in such
instance. (Addresses for points of contact are as follows:)
Town of Trophy Club Teague, Nall & Perkins
Mike Slye, Town Manager Tom Rutledge, Town Engineer
100 Municipal Drive 1100 Macon Street
Trophy Club, Texas 76262 Fort Worth, Texas 76102
Phone: 682-831-4600 Phone: 817-336-5773
Fax: 817-490-0705 Fax: 817-336-2813
Email: mslye@ci.trophyclub.tx.us Email: trutledge@tnp-online.com
N. The DEVELOPER agrees to cause all work and construction of
improvements and facilities to be stopped upon twenty-four (24) hour
notification from the TOWN Engineer of nonconforming improvements,
including the materials used and the methods of installation. The
DEVELOPER further agrees to correct all nonconformities in accordance
with the TOWN Engineer’s instructions.
O. The DEVELOPER is encouraged not to convey title of any lots of the
PROJECT, until all construction in respect to the PROJECT required in
Section II is complete and the TOWN has approved and accepted the work
and improvements in respect thereof. The DEVELOPER understands that,
except as specifically provided herein, the TOWN shall issue no building
permits for improvements on any lot in the Project until all public
improvements and facilities in respect to the Project are completed in
accordance with this Agreement. Further, DEVELOPER agrees to inform all
persons or entities purchasing the lots or any interest in the lots that, except
as specifically provided herein, TOWN shall not issue any building permits
until all public improvements and facilities are completed in accordance with
this Agreement.
Town Council Page 126 of 178 Meeting Date: Tuesday, October 28, 2014
P. After completion and prior to acceptance of all work, the DEVELOPER shall
furnish to the TOWN an affidavit of all bills paid.
Q. DEVELOPER shall be responsible for development of a Homeowners
Association (HOA) and Developer/HOA shall be responsible for maintenance
of all common areas.
II. PUBLIC AND PRIVATE IMPROVEMENTS AND FACILITIES TO BE
CONSTRUCTED
A. The following public improvements and facilities are to be constructed and
completed in accordance with the approved plans and specifications as
described in Attachment “B”. Except as expressly provided otherwise,
DEVELOPER, and when applicable, Homeowners Association shall be
responsible for the construction and maintenance of all improvements and
facilities for the Project:
1) Water Distribution System.
2) Sanitary Sewer System.
3) Drainage and Storm Sewer System.
4) Street Paving – Streets shall be built to Town standards, shall be private,
and shall be owned and maintained by the Homeowners Association for
PD-22.
5) Landscaping (shall be owned and maintained by the PD-22
Homeowners Association).
6) Fences/Walls/Retaining Walls (shall be owned and maintained by the
PD-22 Homeowners Association).
7) Signs – Shall comply with TOWN Sign Regulations.
8) Driveways and Walkways – The DEVELOPER shall be responsible for
the construction of sidewalks and pathways as required in Ordinance
2000-09, Exhibit C, Item I. “Driveways and Walkways”, as well as to the
standards and requirements of Item N. “Pathway Plan”, as well as to the
standards and requirements of Chapter 12-Subdivision Rules &
Regulations, Article V-Improvements, Section 5.05-Sidewalks and Extra
Width Paths.
9) Lights – Street lights shall be as designated on street light layout plan
approved by Town and submitted to Oncor.
10) Common Areas and Open Space Lots – All common areas and open
space lots shall be owned and maintained by the Homeowners
Association.
Town Council Page 127 of 178 Meeting Date: Tuesday, October 28, 2014
11) Parkland Dedication – The DEVELOPER has met the parkland
dedication requirements of the TOWN by previously conveying parkland.
No additional dedication shall be required with this project.
B. Other.
1. Bench marks to be located as shown on the approved plans.
2. Upon completion, three (3) sets of as-builts/record drawings shall be
submitted to the TOWN within two (2) months following the acceptance
of the public improvements and facilities.
3. Testing
The DEVELOPER shall provide all geotechnical and materials tests
required by the TOWN Engineer and TOWN Inspector at the
DEVELOPER’S cost in accordance with Section 7.03 of Article 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 $28,269.26 (5% of $565,385.20) to cover the cost of TOWN
inspection fees as related to the construction of the Project. As
applicable, DEVELOPER shall be obligated to pay other TOWN fees as
set forth in the TOWN’S Schedule of Fees, as may be amended from
time to time. The DEVELOPER shall be responsible for obtaining any
other permits which may be required by other federal, state or local
authorities.
5. Planned Development No. 22.
DEVELOPER shall construct and maintain all improvements in
accordance with the TOWN approved Planned Development District No.
22 and all TOWN approved amendments thereto in addition to all other
TOWN ordinances.
Town Council Page 128 of 178 Meeting Date: Tuesday, October 28, 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 following
amounts: Coverage shall be on an “occurrence” basis and shall be issued
with a combined bodily injury and property damage minimum limit of
$600,000 per occurrence and $1,000,000 aggregate.
B. Exclusive venue of any action brought hereunder shall be in Denton, Denton
County, Texas.
C. Approval by the TOWN Engineer of any plans, designs or specifications
submitted by the DEVELOPER pursuant to this AGREEMENT shall not
constitute or be deemed to be a release of the responsibility and liability
of the DEVELOPER, his engineer, employees, officers or agents with
respect to the construction of any of the PROJECT’S improvements or
facilities, or for the accuracy and competency of the PROJECT’S
improvements and facilities design and specifications prepared by the
DEVELOPER'S consulting engineer, his officers, agents, servants or
employees, it being the intent of the parties that the approval by the
TOWN Engineer signifies the TOWN'S approval on only the general
design concept of the improvements and facilities to be constructed.
The DEVELOPER shall release, indemnify, defend and hold harmless
the TOWN, its officers, agents, servants and employees, from any
demands, actions, causes of action, obligations, loss, damage, liability
or expense, including attorneys fees and expenses, on account of or
with respect to damage to property and injuries, including death, to any
and all persons which may arise out of or result from any defect,
deficiency or negligence in the construction of the PROJECT’S public
improvements and facilities or with respect to the DEVELOPER'S
Engineer’s designs and specifications incorporated into any
improvements and facilities constructed in accordance therewith, and
the DEVELOPER shall defend at his own expense any suits or other
proceedings brought against the TOWN, its officers, agents, servants or
employees, or any of them, on account thereof, and pay all expenses
and satisfy all judgments which may be incurred or rendered against
them or any of them in connection herewith. All responsibility and
liability for drainage to adjacent and downstream properties from
development of this PROJECT shall accrue to the DEVELOPER.
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,
Town Council Page 129 of 178 Meeting Date: Tuesday, October 28, 2014
obligations, penalties, charges, costs or expenses of any nature whatsoever,
for property damage, personal injury or death, resulting from or in any way
connected with this contract or the construction of the improvements or
facilities or the failure to safeguard construction work, or any other act or
omission of the DEVELOPER or its contractors or subcontractors, their
officers, agents, servants or employees related thereto.
E. Final Acceptance of Infrastructure. The TOWN will not issue a Letter of
Acceptance until all public and private facilities and improvements are
completely constructed (Final Completion) to the satisfaction of the TOWN
Engineer or his agent. However, upon Substantial Completion, a “punch list”
of outstanding items shall be presented to the Developer’s contractor(s)
indicating those outstanding items and their deficiencies that need to be
addressed for Final Completion of the Improvements. Upon Final Completion
of the Partial Improvements, the Town shall issue Building Permits for ten
(10) percent of the 22 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
two (2) 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,
the TOWN may agree to renew the AGREEMENT with such renewed
Town Council Page 130 of 178 Meeting Date: Tuesday, October 28, 2014
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 131 of 178 Meeting Date: Tuesday, October 28, 2014
SIGNED AND EFFECTIVE on the date last set forth below.
DEVELOPER:
BDMR Development, LLC
Date: ______________
Printed Name:_____________________
Title: ____________________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 132 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1549-T Name:
Status:Type:Agenda Item Public Hearing
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an
approximate 26.4 acres of land located generally at the northeast corner of Trophy Club Dr. and State
HWY 114. (THIS APPLICATION WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT
ON OCTOBER 7, 2014.)
Attachments:
Action ByDate Action ResultVer.
Public Hearing regarding a request for an amendment to Planned Development No. 30 (PD-30), an approximate 26.4
acres of land located generally at the northeast corner of Trophy Club Dr. and State HWY 114.(THIS APPLICATION
WAS WITHDRAWN FROM CONSIDERATION BY THE APPLICANT ON OCTOBER 7, 2014.)
Town Council Page 133 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1555-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no.
2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No One, Town
of Trophy Club, Texas, and adopting this Resolution reaffirming existing appointments and appointing
a member of the Board of Directors of Reinvestment Zone No. One, to serve as Chairperson for the
Board, designating a term of service; and providing an effective date.
Attachments:Staff Report - Appointing a Chairperson for TIRZ #1.pdf
Res 2014-44 repealing RES 2014-04 Appointing Citizens to the TIRZ 1 Board.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution of the Town repealing Resolution no. 2014-04 appointing
citizens to serve on the Board of Directors of Reinvestment Zone No One, Townof Trophy Club, Texas, and adopting this
Resolution reaffirming existing appointments and appointing a member of the Board of Directors of Reinvestment Zone
No. One, to serve as Chairperson for the Board, designating a term of service; and providing an effective date.
Town Council Page 134 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: Appointing a Chairperson for TIRZ #1
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town repealing Resolution
no. 2014-04 appointing citizens to serve on the Board of Directors of Reinvestment Zone No
One, Town of Trophy Club, Texas, and adopting this Resolution reaffirming existing
appointments and appointing a member of the Board of Directors of Reinvestment Zone No.
One, to serve as Chairperson for the Board, designating a term of service; and providing an
effective date.
Explanation:
Annual requirement to appoint the chair of TIRZ #1 Board.
Attachments:
• Resolution 2014-44
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Staff recommends the Town Council approve Resolution 2014-44 reappointing David Brod as
the Chairperson for the Tax Increment Reinvestment Zone (TIRZ) No. 1.
Town Council Page 135 of 178 Meeting Date: Tuesday, October 28, 2014
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014-44
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2014-04
APPOINTING CITIZENS TO SERVE ON THE BOARD OF DIRECTORS
OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY CLUB
TEXAS AND ADOPTING THIS RESOLUTION REAFFIRMING EXISTING
APPOINTMENTS AND APPOINTING A MEMBER OF THE BOARD OF
DIRECTORS OF REINVESTMENT ZONE NO. ONE, TOWN OF TROPHY
CLUB, TEXAS TO SERVE AS CHAIRPERSON FOR THE BOARD, AND
DESIGNATING A TERM OF SERVICE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards, Commissions and Corporations serving the Town
whose terms are expiring and to replace members who have resigned; and
WHEREAS, on February 3, 2014, the Town Council adopted Resolution No.
2014-04 to appoint residents to serve on the Board of Directors of Reinvestment Zone
No. One, Town of Trophy Club (Board), and designating a person to serve as
Chairperson for the Board; and
WHEREAS, state law mandates that one person be appointed to serve as the
Chairperson for the Board of Reinvestment Zone No. One, with a term of service for the
Chairperson being for one (1) year and commencing on January 1 of each year; and
WHEREAS, the term of service for the currently designated Chairperson for the
Board expires on December 31, 2014; and
WHEREAS, the Town Council desires to appoint a member of the Board of
Directors to serve as a Chairperson with a term commencing on January 1, 2015 and
expiring on December 31, 2015; and
WHEREAS, by passage of this Resolution, the Town Council hereby repeals
Resolution No. 2014-04 and adopts this Resolution to designate a member of the Board
of Directors to serve as Chairperson for the period commencing January 1, 2015 and
expiring on December 31, 2015 as set forth herein and to reaffirm current appointments
as specifically provided below:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Town Council Page 136 of 178 Meeting Date: Tuesday, October 28, 2014
Section 1. That the foregoing recitals are incorporated herein as if written word
for word.
Section 2. That the Town Council hereby repeals Resolution No. 2014-04, to
appoint a Chairperson and to reaffirm existing appointments as applicable, the following
individuals to serve on the Board of Directors of Reinvestment Zone No. One, Town of
Trophy Club, Texas and designating a Chairperson for the Board as specified below:
Reinvestment Zone No. 1, Town of Trophy Club, Texas
1. Carolyn Simms (2015) (Tarrant County) 4. Jared King (2015)
2. *David Brod (2016) (EDC-4B) 5. Adam Broyles (2016)
3. Darryl Howard (2016)
*Board Chair - appointment expires December 31, 2014
**Board Chair – appointment expires December 31, 2015.
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 28th day of October, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 137 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1551-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it
relates to the Trophy Club Commons development located at 925 Trophy Club Drive.
Attachments:Staff Report - Trophy Club Commons Tree Mitigation Appeal.pdf
Park Board Staff report.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as it relates to the Trophy
Club Commons development located at 925 Trophy Club Drive.
Town Council Page 138 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Adam Adams, Director of Parks and Recreation
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Matt Jones, Senior Planner
Philip Shoffner, Council Liaison
Re: Trophy Club Commons Tree Mitigation Appeal
Town Council Meeting, October 28, 2014
Agenda Item:
Consider and take appropriate action concerning an appeal to the Tree Mitigation Ordinance as
it relates to the Trophy Club Commons development located at 925 Trophy Club Drive.
Explanation:
At their October 20, 2014 meeting, the Parks & Recreation Board voted unanimously to accept
the Tree Mitigation appeal by the developer of Trophy Club Commons and recommend that the
Town enter into a long-term lease with the property owner. This recommendation was
predicated on the items the developer agreed to at Parks and Recreation Board meeting:
1. The Town to be given a long-term lease on the property
2. The Town to be given an agreement for use of the Common’s parking lot
3. Seeding the areas above the slope in-order to allow for the creation of several small
soccer practice fields
4. Installing a wrought iron fence bordering the sloped areas to prevent soccer balls from
entering the creek
5. Providing both irrigation and maintenance of these properties
6. Giving the Town approximately $25,000 in mitigation monies upon the Town issuing a
Certificate of Occupancy.
Attachments:
• Park Board Staff report
∼ Attachment “A” – Commons Landscape Plan
∼ Attachment B - Aerial of proposed property for Town use
Town Council Page 139 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Given the nature of this project and the need for soccer practice fields Staff concurs with the
Parks and Recreation Board on their recommendation.
Town Council Page 140 of 178 Meeting Date: Tuesday, October 28, 2014
To: Park Board
From: Matt Jones, Senior Planner
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: Tree Mitigation Ordinance Appeal
Park Board Meeting, Monday, October 20, 2014
SUBJECT:
Discuss and provide a recommendation to Town Council concerning an appeal to the Tree
Mitigation Ordinance as it relates to the Trophy Club Commons development located at 925
Trophy Club Drive.
HISTORY:
A zoning change from “CR” – Commercial Recreation to “CG” – Commercial General was
approved by Town Council on September 22, 2008. The Final Plat and Site Plan for Phase I and II
were approved by Town Council on January 17, 2011.
The developer came before the Park Board on September 15, 2014 and received feedback
including a reduced fee for years the owner of the property has been in Trophy Club and other
credits to be determined by Town Council as necessary. The developer and Town Staff have
since met and agreed upon another proposal to account for the deficit of the current tree
mitigation for the property.
EXPLANATION:
The applicant removed 892 caliper inches of protected trees from the site and has proposed to
plant a total of 475 caliper inches throughout the entire site – Phases 1 and 2. This would leave
a remaining deficit of 417 caliper inches (which is then multiplied by 1.5) to be mitigated. With
the density planned for this site, the applicant does not have enough room to plant all of the
caliper inches required by mitigation. Therefore the applicant is seeking an appeal to the Tree
Mitigation Ordinance to allow a reduced planting schedule. The fee for tree mitigation is
$150.00 per caliper inch for protected trees.
The developer is proposing to let the Town use a portion of their property for use as parkland
or practice fields as needed determined by Town Staff. The developer has indicated that they
will install a decorative metal fence around the border of the property to help define and
enhance the area to be used by the Town. In addition the developer is looking at options for
taking the remaining trees that are planned to be planted on the site and working with Town
Staff to plant them off-site in the Town.
Town Council Page 141 of 178 Meeting Date: Tuesday, October 28, 2014
Staff recommends approval of the proposed mitigation plan to allow the developer to dedicate
their property for the use by the Town of Trophy Club as well as provide the remaining funds
for the planned tree plantings to be provided to the Town in the Tree Fund to provide tree
planting throughout the town.
ATTACHMENTS: “A” – Commons Landscape Plan
“B” – Aerial of proposed property for Town use
Town Council Page 142 of 178 Meeting Date: Tuesday, October 28, 2014
Exhibit “A”
Town Council Page 143 of 178 Meeting Date: Tuesday, October 28, 2014
Exhibit “B”
Town Council Page 144 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1556-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37
appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and adopting
a new Resolution to fill two (2) vacancies on the Board and reaffirming existing appointments to the
CCPD; and providing an effective date.
Attachments:Staff Report - CCPD Appointments.pdf
Mike Conklin.pdf
Robert Hauer.pdf
Loren Van Roekel.pdf
Jennifer Winmill.pdf
RES 2014-40 CCPD Annual Appointments repealing RES 2014-37.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37 appointing citizens to
serve on the Crime Control and Prevention District Board (CCPD) and adopting a new Resolution to fill two (2) vacancies
on the Board and reaffirming existing appointments to the CCPD; and providing an effective date.
Town Council Page 145 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Mike Slye, Town Manager
CC: Tammy Ard, Town Secretary
Re: CCPD Board Appointments
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-37
appointing citizens to serve on the Crime Control and Prevention District Board (CCPD) and
adopting a new Resolution to fill two (2) vacancies on the Board and reaffirming existing
appointments to the CCPD; and providing an effective date.
Explanation:
On October 21, 2014 the Crime Control and Prevention District (CCPD) Board met to interview
four (4) prospective candidates for two (2) vacancies on the Crime Control and Prevention
District Board.
Attachments:
• Applications for four (4) candidates:
o Mike Conklin
o Robert Hauer
o Loren Van Roekel
o Jennifer Winmill
• Resolution 2014-40
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Town Council Page 146 of 178 Meeting Date: Tuesday, October 28, 2014
Recommendation:
The Crime Control and Prevention District Board recommends the Town Council approve
Resolution 2014-40 appointing Michael Conklin to fill the position vacated by Timothy Gamache
(5) to expire in 2015 and to table the selection of a candidate to fill the position vacated by
Patrick Arata (7) to expire in 2015 to allow more time to seek qualified candidates.
Town Council Page 147 of 178 Meeting Date: Tuesday, October 28, 2014
Town of Trophy Club
BOARD and COMMISSION APPLICATION
Please check the appropriate Board, Commission, or Advisory Groups(s)
CJ Citizen Financial Advisory Board
IiZI Crime Control and Prevention District
CJ Zoning Board of Adjustment
We strongly encourage that a brief resume be submitted along with the application.
Name: Michael Conklin E-mail:
Address:
How Long?* _1..:...yr_3_m_o____ Phone (Home): ________ (Work): 817-215-0049
Cell Phone:
Registered Voter? I{J Yes No Certificate Number: 1092181101D ------------------------------------
Occupation, Experience/Degrees Held? Safety Security Coordinator NISD, 15 Years Law Enforcement, AAS Law Enforcement Tech.
Why do you want to serve on this group? Serve my community in a capacity where I have experience and apply workable knowledge
toward improving our community.
Do you have any potential conflicts of interest? _N_o______________________
Do you have any related experience? 15 Years of LE experience -Crime Prevention Certification -CPTED -Understanding of gov. budget
Many hours of training related to safety security, Law Enforcement Topics including NIMS, also a member of the Denton County MRC.
What do you feel you have to offer this group? The use of common sense and logical thinking along with diligence with budget to
provide ideas and recommendations to the leadership of Trophy Club.
TEXAS OPEN RECORDS ACT
Notice to Applicants: Once submitted, information contained in and included with this application is considered public record and
must be released if a request is made. According to Government Code Section 552.024 each employee or official of a governmental
body and each former employee and official of a governmental body shall choose whether to allow public access to the information
in the custody of the governmental body that relates 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 No v
e Phone Number Yes No -,-r-
ell Phone Number Yes No -:;-r-
Yes No -:;~-E-mail Address
-..!....-
Michael Robert Conklin . OffiCial~S.:re Official Name (Please f'tilll
Ill_~O/1 I OCT 7 2014 Dat~ S bitted Received by: ~
*Applicant Requirement for Boards or Commissions . _ I .
Applicants for boards or commissions must be registered voters and residents for six months. Board and commissionmembers 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.
Town Council Page 148 of 178 Meeting Date: Tuesday, October 28, 2014
Michael R. Conklin
Current Assignment:
2008-Present Northwest Independent School District Fort Worth, TX
Security Coordinator
• Support the Director of Safety and Security to provide effective leadership for the safety and security
program for the District.
• Coordinate and supervise security services including School Resource Officers (SRO), Contracted
Security Services and Event Staff for district athletic events
• Manage the district wide implementation of a radio contact system.
• Serve as the liaison with the Facilities, Planning & Construction department with regards building
access and security cameras in new construction.
• Supervise the operations of the School Resource Officer program.
• Prepare agreements with appropriate police entities for SRO services.
• Participate in interviews for School Resource Officers.
• Provide leadership to ensure that ASAP related services are appropriately completed by Officers.
• Meet regularly with the school resource officers to maximize use of this program.
• Serve as the contact person for services contracted for canine detection services.
• Respond to identified safety and security needs on a timely basis.
• Prepare contracts for and work with outsourced school security guard program.
• Prepare contracts for and work with outsourced canine detection program.
• Assist campus administrators with issues related to traffic flow and parking.
• Serve as the liaison to the maintenance department in matters related to keys. key cards, and
entrance/exit issues including signage.
• Serve as the liaison to the construction department in regard to cameras, signage and other security
issues related to buildings.
• Work with the appropriate law enforcement agency regarding crossing guards.
• Serve as a evaluator on Campus Safety Audits
• Serve as the liaison to the NISD Crime Stoppers Program.
• Oversee and implement the visitor check-in system' for the campuses.
• Track security data in the district and prepare reports upon request for the assistant superintendent
for administrative services.
Previous Experience:
2001-2008 Town of Trophy Club Trophy Club, TX
Patrolman -Crime Prevention -School Resource Officer -Juvenile Investigator -Field Training Officer
• Certified Safety Inspector of businesses and homes using CPTED and other proven techniques.
• Patrol duties, complete varieties of reports, assist in investigations criminal and employment
backgrounds
• Work with students in local school district. Instruct students in L.E.T.S. program. Daily Student
interaction
• Train new Officers. Assist in administrative duties; Inventory, tech services, and maintenance. Town Council Page 149 of 178 Meeting Date: Tuesday, October 28, 2014
Michael R. Conklin
1999-2001 City of Roanoke Roanoke,TX
Patrolman -Field Training OffIcer
• Patrol Duties I Warrant Service I Offense and accident reports
• Assisted in developing and maintaining Police Department first network.
learned and understood the value of community policing.
1997-1999 Denton County Sheriff's Department Denton, TX
Detention OffIcer I
• Observed and kept secure 48 inmates in an indirect supervision setting.
• Assisted in direct and sOlitary supervision sections of jail.
• Gained the understanding and the application of verbal communication with different personalities.
1996-1997 Lowe's Denton, TX
Head Cashier -Paint Specialist -Home Decor Sales
• Solved a companywide issue regarding check-reading machine. Money handling. Scheduling issues.
• learned paint color matching, chemical properties for proper application
• learned flooring types, composition, styles and installation.
1993-1996 Sonic Industries Denton, TX
Assistant Manager
• Started in kitchen and worked to store Assistant Manager. Responsible for store operations.
• Money handling, scheduling employees, training employees and minor kitchen repair
• Product inventory and ordering
1991-1993 Displays by Martin Paul Denton, TX
High School Co-Op Job I Photo Artist I Prototype building
• Prototype construction for major US retailers
• Gained the knowledge and understanding of photography and development (black and white)
• Presented at tradeshows throughout the County.
• Worked with and gained the understanding of plastics and their properties, Ink mixing. silk screening,
injection molding and vacuum forming.
Education:
2002 Rio Salado College Tempe, AZ
• Associate Applied Science -Criminal Justice
1999 University of North Texas Denton, TX
• Graduated Police Academy I Salutatorian
• Currently hold Master Peace Officer License -Over 1900 TCOlE training hours.
Town Council Page 150 of 178 Meeting Date: Tuesday, October 28, 2014
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Town Council Page 158 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 159 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 160 of 178 Meeting Date: Tuesday, October 28, 2014
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TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2014–40
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-37
APPOINTING PERSONS TO SERVE ON THE CRIME CONTROL AND
PREVENTION DISTRICT BOARD AND ADOPTING A NEW
RESOLUTION MAKING APPOINTMENTS TO FILL TWO VACANCIES
AND REAFFIRMING EXISTING APPOINTMENTS TO THE BOARD;
PROVIDING FOR THE APPOINTMENT OF CITIZEN VOLUNTEERS TO
SERVE ON THE CRIME CONTROL AND PREVENTION DISTRICT
BOARD AND DESIGNATING TERMS OF SERVICE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards, Commissions and
Corporations; and
WHEREAS, the Trophy Club Town Council is charged with the responsibility of
making appointments to the Boards, Commissions and Corporations serving the Town
whose terms are expiring; and
WHEREAS, on September 23, 2014, the Town Council of the Town of Trophy
Club adopted Resolution No. 2014-37, appointing citizens to serve on various Town
Boards, Commissions, and Corporations for the 2014-2015 fiscal year and reaffirming
the appointments of other previously appointed citizens; and
WHEREAS, the Town Council generally takes action in September of each year
to appoint residents to serve on various Town Board, Commission and Corporation
seats; and
WHEREAS, by passage of this Resolution, the Town Council hereby repeals
Resolution No. 2014-37 appointing persons to serve on the Crime Control and
Prevention District Board and to adopt this Resolution making new citizen volunteer
appointments to fill two (2) vacancies and reaffirming current appointments to serve on
the Board.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals are incorporated herein as if written word
for word.
Section 2. That the Town Council hereby repeals Resolution No. 2014-37
appointing persons to serve on the Crime Control and Prevention District Board and
adopts this Resolution to appoint and to reaffirm as applicable, the following individuals
to serve on the Crime Control and Prevention District Board with respective terms of
Town Council Page 162 of 178 Meeting Date: Tuesday, October 28, 2014
service ending on September 1 of the year specified below for each individual:
Crime Control and Prevention District
1. Dena Boudreau (2016) 5. ___________ (2015)
2. Paul Glowacki (2016) 6. Adam Broyles (2015)
3. Louis Opipare (2016) 7. ___________ (2015)
4. James Jay Isherwood (2015)
Section 3. This Resolution shall take effect from and after its date of passage
in accordance with law.
PASSED and APPROVED by the Town Council of the Town of Trophy Club,
Texas on this 28th day of October, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 163 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1558-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding nominations to serve as a member of the Denton
County Transportation Authority Board of Directors.
Attachments:Letter from Mary Horn RE Designation of Representative to Serve on the DCTA Board of Directors.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding nominations to serve as a member of the Denton County Transportation
Authority Board of Directors.
Town Council Page 164 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 165 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Page 166 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1564-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6)
of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety”
of the Code of Ordinances of the Town to establish a new effective time for the special speed zone
(school zone) on Trophy Club Drive, south of its intersection with Durango Drive; providing a penalty
not to exceed $200 for each violation; and providing an effective date.
Attachments:Staff Report - School Zone Time Change.pdf
ORD 2014-34 Amending Chap 10 Art II Section 2 02 B (Speed Zones Times).pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance of the Town amending Subsection (6) of Section 2.02(B)
“Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public Safety” of the Code of Ordinances of the Town
to establish a new effective time for the special speed zone (school zone) on Trophy Club Drive, south of its intersection
with Durango Drive; providing a penalty not to exceed $200 for each violation; and providing an effective date.
Town Council Page 167 of 178 Meeting Date: Tuesday, October 28, 2014
To: Mayor and Town Council
From: Tony G. Simmons, Special Services Division – Police Department
CC: Mike Slye, Town Manager
Tammy Ard, Town Secretary
Re: School Zone – Trophy Club Drive at Durango
Town Council Meeting, Tuesday, October 28, 2014
Agenda Item:
Consider and take appropriate action regarding an Ordinance of the Town amending Subsection
(6) of Section 2.02(B) “Speed of Vehicles” of Article II, “Traffic & Vehicles” of Chapter 10, “Public
Safety” of the Code of Ordinances of the Town to establish a new effective time for the special
speed zone (school zone) on Trophy Club Drive, south of its intersection with Durango Drive;
providing a penalty not to exceed $200 for each violation; and providing an effective date.
Explanation:
In response to the concerns relating to the crosswalk located within the school zone at
Parkview and Durango I utilized the Citizens on Patrol to monitor the intersection last in an
effort to determine the severity of the issues and the likelihood of a vehicle/pedestrian
accident.
Currently the school zone is from 2:30 to 3:30 pm. During this time the yellow lights at each end
of the school zone flash and traffic slows in anticipation of stopping for the school crossing
guard. After 3:30 pm the caution lights disengage and the speed limit increases from 20 mph to
30 mph. At present, we maintain a crossing guard at that location until 5:00 pm. The school
zone a few blocks away that covers the intersection of Bobcat Blvd and Trophy Club remains in
effect from 2:30 pm to 5:00 pm and a crossing guard is there between those times.
The Citizens on Patrol volunteers observed that even though the school zone ends at 3:30 pm
as many as 19 students continue across that intersection from 3:30 to 5:00 pm. This seems to
be due to the fact that Medlin Middle School releases students later than Beck Elementary
therefore students who leave Medlin walk down Parkview to Durango and then from Durango
to Trophy Club Drive where they cross that intersection to get home.
The Citizens on Patrol volunteers noted that as soon as the school zone lights disengage, traffic
speed increases. That portion of Trophy Club Drive is a two way divided roadway. Vehicles
traveling along this thoroughfare may not expect to find a crossing guard and with no advance
warning they are not legally obligated to slow to 20 miles per hour. Vehicles traveling at 30
Town Council Page 168 of 178 Meeting Date: Tuesday, October 28, 2014
miles per hour have a slower reaction time to the crossing guard hence, their braking distance
increases. The slower reaction time and longer stopping distance increases the likelihood of a
vehicle/pedestrian accident occurring even with the crossing guard in place until 5:00 pm. In
considering the totality of the circumstances existing at that location it would seem that it is
only a matter of time before a tragic vehicular/pedestrian accident occurs. Should that happen,
the loss of human life is highly probable.
Attachments:
• ORD 2014-34
Town Council Goals:
Goal #1: Safe and secure community.
Goal #2: Business-Friendly Economic Development
Goal # 3: Strong Partnerships and Community Involvement
Goal #4: Healthy, Picturesque, and Environmentally Sound
Goal #5: Financial and Operational Stewardship
Recommendation:
Proactive measures need to be taken to address this intersection and its potential hazards. The
most reasonable course of action is to extend the school zone from 2:30 pm – 3:30 pm to 2:30
pm to 5:00 pm. This makes it compatible with the Trophy Club/Bobcat school zone and will
allow students to cross the roadway, with a crossing guard in the highest degree of safety and a
much lower risk of injury to vehicular traffic.
Town Council Page 169 of 178 Meeting Date: Tuesday, October 28, 2014
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-34
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION (6) OF SECTION 2.02(B), “SPEED OF
VEHICLES” OF ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10
“PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN
OF TROPHY CLUB, TEXAS TO ESTABLISH A NEW EFFECTIVE TIME
FOR THE SPECIAL SPEED ZONE (SCHOOL ZONE) ON TROPHY
CLUB DRIVE, 200’ SOUTH OF ITS INTERSECTION WITH DURANGO
DRIVE; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PUBLICATION CLAUSE; PROVIDING THAT A
VIOLATION SHALL BE A CLASS “C” MISDEMEANOR PUNISHABLE
BY A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS
($200.00) FOR EACH VIOLATION; PROVIDING AN ENGROSSMENT
AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its inherent
police powers, the Town Council of the Town is empowered to adopt ordinances and
rules that are for the good government of the Town; and
WHEREAS, due to changes in traffic patterns and safety concerns for the
welfare of school children, the Town has determined that there is a need to extend the
effective time for the special speed zone (school zone) located on Trophy Club Drive,
south of its intersection with Durango Drive; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to amend the Code of Ordinances to establish a new effective
time for the special speed or school zone on Trophy Club Drive, near Durango Drive;
and
WHEREAS, the Town Council hereby finds that the amendment of Section
2.02(B)(6) of Article II, Chapter 10 of the Code of Ordinances to extend the time of the
special speed zone as further specified herein serves the best interests of the health,
safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
Town Council Page 170 of 178 Meeting Date: Tuesday, October 28, 2014
SECTION 2.
AMENDMENT
2.01 Subsection 6 of Section 2.02 (B) entitled “Speed of Vehicles” of Article II entitled,
“Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of
the Town of Trophy Club, Texas is hereby amended so that subsection 2.02(B)(6) shall
be and read in its entirety as follows, and the remainder of Subsection 2.02(B) shall
remain in effect:
2.02
B. Speed of Vehicles
The following areas, streets or portions thereof shall be designated special speed zones and it
shall be unlawful for any person to drive any vehicle thereon at a speed greater than twenty (20)
miles per hour during the designated times:
“6. On Trophy Club Drive, 200’ south of its intersection with Durango Drive and extending 456’
north on Trophy Club Drive, between the hours of 7:00 a.m. and 9:00 a.m. and between the
hours of 2:30 p.m. and 5:00 p.m. on school days.”
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control and shall not repeal any of the provisions of such ordinances except in
those instances where provisions of those ordinances are in direct conflict with the
provisions of this Ordinance; whether such ordinances are codified or uncodified, and all
other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified,
not in conflict with the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Ordinance has been initiated or has arisen under or
pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions
of that Ordinance and for that purpose the Ordinance shall be deemed to remain and
continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this Ordinance; and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Town Council Page 171 of 178 Meeting Date: Tuesday, October 28, 2014
SECTION 5.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by
Section 52.011 of the Texas Local Government Code.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred
Dollars ($200.00).
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the 28th day of October, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 172 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1560-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Town Council Liaison Updates; discussion of same:
* Parks & Recreation Board - October 20th Council Liaison
Council Member Shoffner
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same:
* Parks & Recreation Board - October 20th Council Liaison
Council Member Shoffner
Town Council Page 173 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1561-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Town Manager Slye's update regarding the following; discussion and provide input regarding same.
* Election Update
* Codification Update
* Volunteer Dinner
* Loop Road Update
* Parks & Recreation Update
- TC Fright Light Contest Winners
- Dino Playground Update
- Fall Family Camp Out
- Fall Family Festival
* Community Development Updates
- Waters Edge at Hogan’s Glen, Phase 3
- Canterbury Hills, Phase 3
- The Isles of Turnberry, NH 4, The Highlands
- Villas of Hogan’s Glen, Phase 2
Attachments:
Action ByDate Action ResultVer.
Town Manager Slye's update regarding the following; discussion and provide input regarding same.
* Election Update
* Codification Update
* Volunteer Dinner
* Loop Road Update
* Parks & Recreation Update
- TC Fright Light Contest Winners
- Dino Playground Update
- Fall Family Camp Out
- Fall Family Festival
* Community Development Updates
- Waters Edge at Hogan’s Glen, Phase 3
- Canterbury Hills, Phase 3
- The Isles of Turnberry, NH 4, The Highlands
- Villas of Hogan’s Glen, Phase 2
Town Council Page 174 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1562-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Items for Future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Items for Future Agendas.
Town Council Page 175 of 178 Meeting Date: Tuesday, October 28, 2014
Town Council Future Agenda Items List
(Updated 10/22/2014)
1. Residential Property Renewal for tax incentives and grants for the recovery and renewal of
existing residential properties (Rowe 8/12/2014) (1-Oct 28 Agenda)
2. Discussion regarding animal shelter long and short term facility. (11/18/2013) (1-Nov 13)
3. Consider and take appropriate action regarding placing BNHS State Championship
recognition on elevated water storage tank. (Sanders 5/19/2014) (1-Nov 13)
4. Consider and take appropriate action regarding term limits for Board and Commission
members. (Rowe 7/22/2014) (1-Oct 28 Agenda)
5. Consider and take appropriate action regarding giving direction to CFAB. (Sanders
7/22/2014) (1-Oct 28 Agenda)
6. Consider and take appropriate action regarding purchase of land at Trophy Club Drive and
SH114 for signage. (Sanders 7/22/2014) (1-Oct 28 Agenda)
7. Consider and take appropriate action regarding signage in medians at Trophy Club Drive,
Trophy Wood Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1-Oct 28
Agenda)
8. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13)
9. Consider and take appropriate action regarding policy on equipment schedule for
replacement program. (Shoffner 8/26/2014) (1-Dec 18)
10. Consider and take appropriate action regarding general signage on poles and painted on
road beds. (Parrow 8/26/2014) (1-Dec 18)
11. Review of policies related to employees compensation for auto allowances and retirement
plans. (Sanders 9/9/2014) (1-Dec 18)
12. Review of cell phone/wireless policy and plans. (Sanders 9/9/2014) (1-Jan 13)
13. Consider and take appropriate action regarding parking on Parkview and options for Police
Department mitigation. (Rowe 9/9/2014) (1-Jan 13)
14. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe
9/9/2014) (1-Jan 13)
15. Consider and take appropriate action regarding the review of the sign ordinance. (Lamont
9/9/2014). (1-Jan 13)
Town Council Page 176 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1565-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
Title:Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by Section 551.072 Deliberations about Real Property to deliberate
the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have
a detrimental effect on the position of the governmental body in negotiations with a third person:
(1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations
Attachments:
Action ByDate Action ResultVer.
Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed executive session as
authorized by Section 551.072Deliberations about Real Property to deliberate the purchase, exchange, lease, or value of
real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body
in negotiations with a third person:
(1) Potential sites for the location of a new Police and Town Hall Facility and related negotiations
Town Council Page 177 of 178 Meeting Date: Tuesday, October 28, 2014
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12014-1563-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:10/20/2014 Town Council
On agenda:Final action:10/28/2014
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 178 of 178 Meeting Date: Tuesday, October 28, 2014