Agenda Packet TC 03/10/2015Town Council
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMTuesday, March 10, 2015
CALL TO ORDER AND ANNOUNCE A QUORUM
INVOCATION
PLEDGES
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
WORKSHOP SESSION
1.2015-0167-T Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for March 10, 2015.
2.2015-0168-T Discussion of Agenda Items posted for consideration on the upcoming Regular Session
Council Agenda for the March 24, 2015 meeting.
Proposed March 24, 2015 Agenda.pdfAttachments:
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.
3.2015-0169-T Consider and take appropriate action regarding the Minutes dated December 9, 2014.
DRAFT TC Minutes December 9, 2014 with attachments A B C.pdfAttachments:
Town Council Page 1 of 241 Meeting Date: March 10, 2015
March 10, 2015Town Council Meeting Agenda
4.2015-0170-T Consider and take appropriate action regarding the Minutes dated February 10, 2015.
Draft TC Minutes February 10, 2015.pdfAttachments:
5.2015-0183-T Receive Annual Racial Profiling Report; discussion of same.
PD Memo - Racial Profiling.pdf
Annual Racial Profiling.pdf
Attachments:
6.2015-0171-T Consider and take appropriate action regarding a Resolution providing the written
consent of the Town of Trophy Club to the inclusion of an approximate 6.3702 acre
tract of land, which is part of a 7.0441 acre tract of land situated in the Joseph Henry
Survey, Abstract No. 529, Town of Trophy Club, Denton County, Texas, conveyed by
deed to the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter
Day Saints, as recorded in County Clerk’s File No. 2010-6544, Denton County Real
Property Records, to be annexed into and thereafter included within the boundaries of
Trophy Club Municipal Utility District No. 1; and providing an effective date.
RES 2015-08 Consent to Annexation LDS.pdf
LDS Letter.pdf
Attachments:
REGULAR SESSION
7.2015-0174-T Consider and take appropriate action regarding a Proclamation proclaiming March
15-21, 2015 as Poison Prevention Week in Trophy Club.
PRO 2015-04 Poison Prevention Week.pdfAttachments:
8.2015-0175-T Consider and take appropriate action regarding a Proclamation proclaiming April 7,
2015 as Mayors Day of Recognition for National Service.
PRO 2015-05 Mayors Day of Recognition for National Service.pdfAttachments:
9.2015-0172-T Consider and take appropriate action regarding a Resolution of the Town Council of the
Town of Trophy Club, Texas expressing opposition to State legislation enacting a cap
on property tax revenues collected by local governments due to the negative impact
that would result from loss of local government authority to manage fiscal matters to
meet the needs of its residents; and providing an effective date.
Staff Report Revenue Cap Resolution.pdf
RES 2015-07 Revenue Cap.pdf
Attachments:
10.2015-0177-T Consider and take appropriate action regarding an Ordinance of the Town repealing
Ordinance No. 2015-02 ordering and calling a Joint General Election for the Town of
Trophy Club to be held on May 9, 2015 for the purpose of electing one (1) Council
member for Place #3 and (1) Council member for Place #4, each for a three (3) year
term; declaring candidates for Place #3 and Place #4 unopposed; canceling the May 9,
2015 election; providing for the issuance of certificates of election following the date for
canvassing of the election; and providing an effective date.
ORD 2015-05 Canceling Election for Two Unopposed Council Members.pdf
Certification of Unopposed Candidates Signed.pdf
Attachments:
Town Council Page 2 of 241 Meeting Date: March 10, 2015
March 10, 2015Town Council Meeting Agenda
11.2015-0114-T Consider and take appropriate action regarding the draft of the Sealed Competitive Bid
for Park Services for the Town as recommended by CFAB and authorizing publication
of notice of bid, including discussion and action regarding the inclusion/exclusion of
properties within the Bid and issues related to ownership of properties.
Staff Report - Bid for Park Services.pdf
Competitive Bid for Park Services draft.pdf
List of Properties Contained in RFP with Issues Relating to Ownership.pdf
Attachments:
12.2015-0178-T Town Council Liaison Updates; discussion of same:
*Citizens Financial Advisory Board, March 9, 2015
Council Liaison - Mayor Pro Tem Greg Lamont
13.2015-0179-T Town Manager Seidel's update regarding the following; discussion and provide input
regarding same.
* Assistant Town Manager/CFO
* Baseball
* TxDOT Sound Wall
* Warrant Round-Up
14.2015-0180-T Items for Future Agendas.
Items for Future Agendas.pdfAttachments:
EXECUTIVE SESSION
15.2015-0181-T Pursuant to Section 551.072 “Deliberations About Real Property” of the Texas
Government Code, Annotated, Subchapter 551 (Texas Open Meetings Act), the
Council will enter into executive session in order to deliberate the purchase, exchange,
lease, or value of real property where deliberation in an open meeting would have a
detrimental effect on the position of the governmental body in negotiations with a third
person:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building,
and Potential Lease of Property
RECONVENE INTO REGULAR SESSION
16.2015-0182-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 3 of 241 Meeting Date: March 10, 2015
March 10, 2015Town Council Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on March 5, 2015 by 5:00 p.m. in
accordance with Chapter 551, Texas Government Code.
Holly Fimbres
Town Secretary/RMO
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
______________________, 2015.
________________________________, Title: ___________________________
Town Council Page 4 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0167-T Name:
Status:Type:Agenda Item Workshop
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for
March 10, 2015.
Attachments:
Action ByDate Action ResultVer.
Discussion of agenda items posted for consideration on the Regular Session Council Agenda for March 10, 2015.
Town Council Page 5 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0168-T Name:
Status:Type:Agenda Item Workshop
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council
Agenda for the March 24, 2015 meeting.
Attachments:Proposed March 24, 2015 Agenda.pdf
Action ByDate Action ResultVer.
Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for the March
24, 2015 meeting.
Town Council Page 6 of 241 Meeting Date: March 10, 2015
Meeting Date 3/24/2015
STAFF
RPT RES ORD PROC File ID Dept
Discussion of agenda items posted for consideration on the Regular Session Council
Agenda for March 24, 2015.Town Sec
Discussion of Agenda Items posted for consideration on the upcoming Regular
Session Council Agenda for the April 14, 2015 meeting.Town Sec
Consent
STAFF
RPT RES ORD PROC File ID Dept
Consider and take appropriate action regarding the Minutes dated January 13,
2015.Town Sec
Consider and take appropriate action regarding the Minutes dated February 24,
2015.Town Sec
Consider and take appropriate action regarding financial and variance report dated
February 2015.Finance
Regular Session
STAFF
RPT RES ORD PROC File ID Dept
Verizon (get update from Stephen before placing on agenda)2015-0173-T Town Mgr.
Recognize Chuck for his years of service provided and present him with a certificate
of appreciation.Town Sec.
Presentation and proclamation for BNHS VEI Business Students Town Sec.
Presentation from MUD No.1 General Manager Jennifer McKnight regarding TCEQ
Rules and Violations.Town Mgr.
Recognize Town Staff members for service provided during the winter weather days.Town Sec.
Council Presentation of Cost Opinion Project and Schedule for FY 2015 CIP Projects.
Baseball Contract
Town Council Liaison Updates; discussion of same: Town Sec
Town Manager Seidel'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
Workshop
Town Council Page 7 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0169-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding the Minutes dated December 9, 2014.
Attachments:DRAFT TC Minutes December 9, 2014 with attachments A B C.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated December 9, 2014.
Town Council Page 8 of 241 Meeting Date: March 10, 2015
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, December 9, 2014 at 6 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, December 9, 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
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Mike Slye Town Manager
Stephen Seidel Assistant Town Manager
Patricia Adams Town Attorney
Tammy Ard Interim Town Secretary
April Reiling PIO/Marketing Manager
Patrick Arata Police Chief
Danny Thomas Fire Chief
Adam Adams Parks and Recreation Director
Mayor Sanders announced the date of Tuesday, December 9, 2014 called the Town Council to order and
announced a quorum at 6:30 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for December 9,
2014.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the January 13, 2015 meeting.
Council Member Parrow would like agenda 3B Consider and take appropriate action regarding general signage
on poles and painted on road beds be placed on the January 13, 2015 council agenda.
Council Member Parrow would also like an item regarding the status of the RFP for Parks and discussion. Town
Manager Slye indicated this was referred to the Citizens Financial Advisory Board (CFAB) and the CFAB
recommendation will be brought forward to Council on January 13, 2015.
Council would also like to discuss the priorities of the items referred to CFAB for recommendation and place
them in order of importance.
December 9, 2014 Minutes Page 1 of 39Town Council Page 9 of 241 Meeting Date: March 10, 2015
Mayor Sanders wanted to know the status of Royal Troon and when it would be brought before Council. Adam
Adams, Director of Parks & Recreation indicated it would be brought forward on the January 27th Council
meeting.
Mayor Sanders indicated he would like a workshop session agenda item on January 13th regarding the
handbook for elected and appointed officials for Council to provide some direction to staff regarding the items
they want addressed.
Mayor Pro Tem Lamont would like to review the sign ordinance, political and real estate signs. Town Manager
Slye indicated we need to address the sponsorship signs as well and this item would not be ready to review
prior to the January 27th Council meeting.
Town Manager Slye updated Council regarding some items that will be on the January 13th meeting that have
been brought forward since the agenda was posted for tonight’s meeting:
• Denton County EMS Agreement (consent agenda)
• Contract for the Broadway/Highland drainage component that was approved in the budget
3. Discussion of items from future agenda list:
A. Consider and take appropriate action regarding policy on equipment schedule for replacement
program. (Shoffner 8/26/2014)
Council Member Shoffner would like a policy brought back that encompasses a point system or measureable
variables on a future agenda.
Council requested Town Manager Mike Slye to look at written policies with more measurable factors for all
departments. Town Manager Slye indicated the Town currently uses a depreciation schedule as well as other
factors to determine replacement such as age, mileage, hours of operation, repairs, etc.
B. Consider and take appropriate action regarding general signage on poles and painted on road beds.
(Parrow 8/26/2014)
Item will be brought back to workshop session on January 13, 2015 agenda.
C. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe 9/9/2014)
Council would like staff to bring back a few options regarding current crosswalk sites.
D. Review of policies related to employees compensation for auto allowances and retirement plans.
(Sanders 9/9/2014)
Council would like a policy for auto allowances. Council does not want retirement plans included in salaries
moving forward.
This item was removed from the future agenda and replaced with the following:
Consider and take appropriate action regarding review of a policy related to auto allowances.
CONVENE INTO REGULAR SESSION - START TIME – 6:14 P.M.
The Invocation was offered by Adam Adams.
The Pledges were led by Chief Arata.
December 9, 2014 Minutes Page 2 of 39Town Council Page 10 of 241 Meeting Date: March 10, 2015
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.
Chuck Hall, 4 Shady Oaks Court addressed the council regarding fall leave removal from the streets.
REGULAR SESSION
4. Consider and take appropriate action regarding a non-exclusive Agreement between the Town and TCR
Youth Baseball Association for the use of Independence Park baseball and concession facilities for the
Spring and Fall 2015 baseball seasons; providing for terms of usage and fees; and authorizing the Mayor or
his designee to execute all necessary documents.
Attachment A – Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season
Parks & Recreation Director Adam Adams provided an overview of the recent activity surrounding the TCRYBA
contract. The Parks & Recreation Board subcommittee that worked on preliminary contract negotiations agreed to
the proposed numbers in the contract. John Watson, TCRYBA President and Brandon Hennig, TCRYBA Vice
President were present and spoke to Council regarding the association and aspects of the contract.
In order to open registration, the fee schedule must be set and TCRYBA would like to open registration as soon as
possible. The non-resident fee has doubled from last year and the select registration has tripled since last year.
Council has further questions regarding the contract and history, and would like to look at possibly increasing the
fees for non-residents to cover park maintenance costs.
A suggestion was made to approve a 6-month contract so the association could move forward with baseball
registration and the Council would have time to further examine the contract and financial component.
Main motion
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve the Baseball Agreement
as printed with the exception of section 1.02 having the term expire on a date after the completion of the spring
season**. (with the intention of fully engaging the park board, Adam Adams and the TCRYBA)
** Spring season last tournament June 27, 2015 - June 29, 2015
From TCR Youth Baseball Agreement for Fall 2014 Baseball Season
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015,
unless otherwise terminated as provided herein. After the initial term has expired, this contract will
automatically renew for (3) additional terms of one (1) year each, provided that each such renewal is not
contested by either party within ninety (90) days of the contract’s expiration date.
Amendment according to the motion:
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015
June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this
contract will automatically renew for (3) additional terms of one (1) year each, provided that each such
renewal is not contested by either party within ninety (90) days of the contract’s expiration date.
December 9, 2014 Minutes Page 3 of 39Town Council Page 11 of 241 Meeting Date: March 10, 2015
Amended motion
Motion made by Council Member Shoffner seconded by Mayor Pro Tem Lamont to add ‘of recreation’ behind vice
president in section 8.01 A.
From TCR Youth Baseball Agreement for Fall 2014 Baseball Season
8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its
sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to
TCRYBA:
A. Neither the position of President, Vice-President, Treasurer nor the position of Secretary of TCRYBA is
held by a resident of the Town of Trophy Club; and
Amendment according to the motion:
8.01 Termination for Cause. Upon the occurrence of any one or more of the following events, the Town in its
sole discretion may elect to terminate this Agreement upon ten (10) days written notice of default to
TCRYBA:
A. Neither the position of President, Vice-President of Recreation, Treasurer nor the position of Secretary
of TCRYBA is held by a resident of the Town of Trophy Club; and
Amended motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont,
Council Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting
against.
Motion to amend main motion
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow to amend the main motion for the
contract to commence on January 1, 2015 ending June 30, 2015 with one automatic renewal of six (6) months.
Amendment according to the motion:
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall end on December 31, 2015
June 30, 2015, unless otherwise terminated as provided herein. After the initial term has expired, this
contract will automatically renew for one (1) additional term of six (6) months (3) additional terms of one (1)
year each, provided that each such renewal is not contested by either party within ninety (90) days of the
contract’s expiration date.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Pro Tem Lamont, Council
Member Rowe, Council Member Reed and Council Member Parrow voting for and Mayor Sanders voting against.
Susan Edstrom, 269 Oak Hill Drive addressed the council opposing user fees
Main motion as amended
Motion passed unanimously.
5. Consider and take appropriate action regarding a recommendation from the Animal Shelter Board regarding
the future of the animal shelter facility.
Attachment B – Animal Shelter Board Future Facility Recommendation Presentation
Susan Edstrom, Chair of Animal Shelter Board provided a presentation regarding the recommendation on behalf of
the Animal Shelter Board regarding the future facility and addressed any questions council had.
Presentation only, no action taken.
COUNCIL RECESSED - 8:41 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 8:50 P.M.
December 9, 2014 Minutes Page 4 of 39Town Council Page 12 of 241 Meeting Date: March 10, 2015
6. Consider and take appropriate action regarding the recommendation from the Information Technology
Subcommittee regarding the disposition of software jointly owned by the Town and Trophy Club Municipal
Utility District No. 1.
Motion made by Council Member Rowe, seconded by Council Member Reed, to pay Trophy Club Municipal Utility
District No. 1 a sum of $15,000 for software assets that have previously been paid for by Trophy Club Municipal
Utility District No. 1.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member
Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against.
7. Consider and take appropriate action regarding proposed Town Council Meeting dates for January 2015.
Town Council retreat scheduled for Friday, January 23rd starting at 1:00 pm and Saturday, January 24th starting at
8:00 am.
8. 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.
Attachment C – Executed Resolution 2014-44
Motion made by Council Member Rowe, seconded by Mayor Sanders, to approve Resolution 2014-44 appointing
David Brod as the chair and reaffirming the existing appointments.
Motion carried 6-1-0 with Council Member Shoffner, Council Member Kurtz, Mayor Sanders, Council Member
Rowe, Council Member Reed and Council Member Parrow voting and Mayor Pro Tem Lamont voting against.
9. Town Council Liaison Updates; discussion of same.
* Citizen Financial Advisory Board - December 1st
Council Liaison - Mayor Pro Tem Lamont
10. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• Special Session Town Council Meeting - December 18th
• Human Resources Update
∼ Town Secretary Recruitment
∼ Director of Finance Recruitment
• Trophy Club Magazine Update
• No Solicitation Sign Update
• Update regarding Public Services Annex Building Discussion with Trophy Club Municipal Utility District
No. 1
• Gingerbread Cookie Decorating with Trophy Club Fire Department, December 12th
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
December 9, 2014 Minutes Page 5 of 39Town Council Page 13 of 241 Meeting Date: March 10, 2015
11. 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.
Consider and take appropriate action regarding review of a policy related to auto allowances. (added during
workshop item 3D)
Mayor Pro Tem Lamont added ‘Consider and take appropriate action regarding reviewing the schedules of fees for
outside baseball tournaments.’
EXECUTIVE SESSION
12. 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 – 9:48 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 10:00 P.M.
RECONVENE INTO REGULAR SESSION
20. 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 10:01 p.m.
___________________________________ ___________________________________
Tammy Ard, Interim Town Secretary C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
December 9, 2014 Minutes Page 6 of 39Town Council Page 14 of 241 Meeting Date: March 10, 2015
ATTACHMENT A
Executed TCR Youth Baseball Agreement for Fall 2014 Baseball Season
December 9, 2014 Minutes Page 7 of 39Town Council Page 15 of 241 Meeting Date: March 10, 2015
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE TCR YOUTH BASEBALL ASSOCIATION
THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as “TOWN”),
acting by and through its Mayor or designee, and the TCR Youth Baseball Association
(hereinafter referred to as “TCRYBA”), acting by and through the President its Board of
Directors, or designee, (hereinafter “Agreement”).
WITNESSETH:
WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on
Independence (hereinafter “Independence Park”); and
WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball
play; and
WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, maintenance and upkeep obligations shall be shared by Town and
TCRYBA as expressly set forth in this Agreement; and
WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified
herein shall be used by TCRYBA solely for the purpose of providing
baseball use for the members of the TCRYBA; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Independence Park, and by execution of
this Agreement, the parties agree and intend that this Agreement shall
exclusively govern TCRYBA’s use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and TCRYBA do hereby agree as follows:
December 9, 2014 Minutes Page 8 of 39Town Council Page 16 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 2 of 13
I.
INCORPORATION OF PREMISES / TERM
1.01 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.02 Term. The term of this Agreement shall commence on January 1, 2015 and shall
end on June 30, 2015, unless otherwise terminated as provided herein. After the
initial term has expired, this contract will automatically renew for one (1)
additional term of six (6) months, provided that such renewal is not contested by
either party within ninety (90) days of the contract’s expiration date.
II.
INDEPENDENCE PARK / CONSIDERATION
2.01 Independence Park. TOWN, under the terms and conditions provided herein,
shall allow TCRYBA the non-exclusive use of Independence Park and facilities
within the parks as specifically identified in Exhibit “A”, a copy of which is
attached hereto and incorporated herein, for athletic and sporting events, to wit,
baseball events.
2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring,
2015 Season and the Fall 2015 Season (defined below), TCRYBA shall assess
and collect a fee for each child who does not live within the corporate limits of the
Town of Trophy Club or the City of Roanoke. Such fee shall be twenty dollars
($20.00) per child for each child who enrolls in the recreation division of the
TCRYBA baseball program and thirty dollars ($30.00) per child for each child
who enrolls in the select division of the TCRYBA baseball program. No later than
the twenty-first (21st) day after the commencement of regular season game play
for the Spring 2015 Season and for the Fall 2015 Season, TCRYBA shall remit to
Town all such fees collected and shall provide the written report required by
Section 12.02 of this Agreement.
In further consideration for the use of Independence Park, TCRYBA hereby
agrees to provide a proposed use schedule (which specifically identifies
complexes and fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule and at least fifteen (15) days
prior to each regular season game schedule. In the event of changes in the game
and or practice schedule, TCRYBA shall provide TOWN with a written notice at
least seventy-two (72) hours prior to the proposed change. Acceptance of the
proposed changes shall be within the sole discretion of the Town; provided
however, that acceptance shall not be unreasonably withheld.
December 9, 2014 Minutes Page 9 of 39Town Council Page 17 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 3 of 13
III.
USE SCHEDULING
3.01 Regular Season. The “Spring 2015 Season” shall run from the –first week of
February 2015 through the fourth week of June 2015 and the “Fall 2015 Season”
shall run from the second week of August 2015 through the fourth week of
November 2015, and shall include tryouts, all practice and league games,
tournaments and make-up games.
3.02 Tournament Rates. Upon thirty (30) days written notice and approval of
proposed scheduling by TOWN, TCRYBA shall be allowed to schedule one(1)
tournament during the Fall 2015 Season for a payment of Two Thousand Dollars
($2,000) and two (2) tournaments during the Spring 2015 season for a payment
of Two Thousand Dollars ($2,000) per tournament. Each tournament shall last no
longer than five (5) consecutive days, subject to extension due to inclement
weather. TCRYBA shall remit payment to Town on or before the eighth (8th) day
following the last day of each such tournament. For any additional tournaments
during the Fall 2015 Season and/or the Spring 2015 Season, TCRYBA shall pay
tournament fees as outlined in the applicable Schedule of Fees adopted by
TOWN.
3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games
and practices on dates not contained in the TOWN approved schedule shall not
be permitted unless these additional times are mutually agreed to in writing by
the TOWN and TCRYBA, and if allowed, there shall be no additional cost to
TCRYBA. Use of Independence Park shall be limited to the sports games and
contests scheduled by TCRYBA, and TCRYBA shall provide written notice of
scheduling to the Parks and Recreation Department in accordance with the time
frames set forth in this Agreement. TCRYBA shall provide one point of
contact for all scheduling of Independence Park. No TCRYBA tournaments
and/or use of Independence Park by TCYRBA, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. TCRYBA shall provide written notice of such rescheduling requests to the
Parks and Recreation Department at least seventy-two (72) hours in advance
of the proposed schedule change.
TCRYBA shall designate one (1) day per week on which it will not be allowed to
use Independence Park for either practice or games. The proposed day shall be
submitted to the TOWN thirty (30) days prior to the commencement of regular
season practice for both the Spring 2015 Season and for the Fall 2015 Season,
and TOWN shall have exclusive authority to accept such designation or to
designate a different day.
December 9, 2014 Minutes Page 10 of 39Town Council Page 18 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 4 of 13
IV.
MAINTENANCE RESPONSIBILITIES
4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all
routine maintenance of Independence Park, including the following:
1. watering;
2. mowing;
3. over seeding (as needed)
4. fertilization;
5. aerification;
6. top-dressing;
7. striping of the game fields, for league scheduled games & tournaments;
8. concession stand;
9. restrooms;
10. lighting;
11. irrigation;
12. turf management; and
13. other similar maintenance items
4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements upon Independence Park.
4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of
Independence Parkas the TOWN determines appropriate in its sole discretion,
notwithstanding any conflicting provision of this Agreement.
4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be
responsible for the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of TCRYBA and shall only be allowed upon the prior written
approval of TOWN.
B. Field Maintenance: TCRYBA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for
additional services or the existence of unsafe conditions by providing written
notice to the Park Superintendent and/or designee.
4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in
part, any improvement, fixed or movable, upon Independence Park, including
without limitation bleachers, without first obtaining the express written permission
December 9, 2014 Minutes Page 11 of 39Town Council Page 19 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 5 of 13
of the TOWN and then only in the event that the move, alteration or removal will
not subject such improvements or Independence Park to damage. Any such
move, alteration or removal shall be at the sole expense of TCRYBA.
4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council
meeting and shall provide an update to the Town Council within thirty (30) days
after the last day of regular season play for both the Fall 2015 Season and the
Spring 2015 Season.
4.07 Ex-Officio Member. The Parks and Recreation Director or designee shall serve
as an ex-officio member of the Board of Directors of the TCRYBA. TCRYBA shall
email board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventy–two (72) hours prior to each such TCRYBA Board meeting.
4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party
sponsorships that will reduce the maintenance and operational costs of both
TCRYBA and TOWN, including without limitation, additional tournaments and
other TOWN authorized activities.
4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. TCRYBA
agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
V.
Rules and Regulations / Closure/ Parking
5.01 TOWN Regulations. TCRYBA understands and agrees that its’ use of the
Independence Park shall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN’S field conditions line by
12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWN’S Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to TCRYBA designated officials prior to season
start. The field conditions line shall be updated as soon as possible when field
conditions change status.
B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or
postpone any games, tournaments, practices, scrimmages, camps or other
activities if severe weather conditions are present and/or when TOWN notifies
TCRYBA that supplemental watering will be conducted. Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to
close any or all of Independence Park that is the subject of this Agreement.
The Park Superintendant and/or designee, at their sole discretion, may close
December 9, 2014 Minutes Page 12 of 39Town Council Page 20 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 6 of 13
Independence Park and suspend play at any time if, in TOWN’S sole
discretion, it is determined that continued use presents a risk of injury to
persons or damage to Independence Park or the general health, safety or
welfare of the public. In addition, all of a portion of Independence Park may
be closed for repair, remodeling or overseeding. In the event of closure for
such maintenance, TOWN shall timely notify TCRYBA officials in order to
minimize the impact on scheduling as much as reasonably possible. TOWN
also reserves the right to close all or a portion of Independence Park during
operational hours, and if resources are available, TOWN may offer
substitutions or alternatives for the use of Independence Park or offer
replacement premises or facilities.
5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with
access to and use of Independence Park east parking area. The repair and
maintenance of such parking lot shall remain the sole responsibility of the
TOWN.
VI.
TCRYBA USE OF TOWN PARK CONCESSION FACILITIES
6.01 Schedule. TCRYBA shall have the right to use the concession facilities at
Independence Park during the term of this Agreement.
6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for
the purpose of vending and/or sale of concessions, food, beverages, or
merchandise. TCRYBA is strictly prohibited from leasing or sub-leasing the
concessions operation of any TOWN facility located on Independence Park
without written permission from the Director of Parks and Recreation.
6.03 As -Is Condition. The TCRYBA shall take Independence Park on an “as-is”
condition on the date of execution of this Agreement and there shall be no
obligation by the TOWN to make any other improvements to the concession
stands and/or any other Independence Park facilities. TCRYBA shall not make
any improvements or structural changes to any TOWN concession facility without
written permission by the Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO TCRYBA
USE OF TOWN PROPERTY
7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense
December 9, 2014 Minutes Page 13 of 39Town Council Page 21 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 7 of 13
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and
maintain, at its sole expense, general liability insurance with the minimum
amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage
Liability while naming the TOWN of Trophy Club as an additional insured to
protect against potential claims arising out of the TCRYBA’s use of the
Independence Park and the facilities. TCRYBA shall furnish TOWN with
certificates of insurance evidencing its compliance with this Paragraph at least
ten (10) days prior to the commencement of the term of this Agreement. Nothing
contained herein shall be construed to grant any third party rights or as a waiver
of any governmental and/or public purpose of the operation or use of all or a
portion of Independence Park.
7.03 No Third Party Beneficiary: For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreement only affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or TCRYBA or both; and
(2) the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
either TOWN or TCRYBA. This Agreement shall not create any third-party
beneficiaries.
7.04 Notice: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to TCRYBA:
John Watson
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
December 9, 2014 Minutes Page 14 of 39Town Council Page 22 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 8 of 13
If to TOWN:
Adam Adams
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7.05 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Independence Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall
be deemed to waive, any immunity or defense that would otherwise be available
to each against claims arising in the exercise of governmental powers and
functions.
7.05 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.06 Severability: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.07 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure
any such defect of condition.
VIII.
TERMINATION
8.01 Termination for Cause. Upon the occurrence of any one or more of the
following events, the Town in its sole discretion may elect to terminate this
Agreement upon ten (10) days written notice of default to TCRYBA:
A. Neither the position of President, Vice-President of Recreation, Treasurer nor
the position of Secretary of TCRYBA is held by a resident of the Town of
Trophy Club; and
December 9, 2014 Minutes Page 15 of 39Town Council Page 23 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 9 of 13
B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one
(1) of the required positions set forth in subsection A within sixty (60) days
after the date upon which none of the required positions are held by a Trophy
Club resident.
C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or
more of its obligations under this Agreement, and TCRYBA has failed to
remedy such default within ten (10) days of the date of TOWN’S written notice
of default to TCRYBA.
8.02 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving ninety (90) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Independence
Park property for ninety (90) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
IX.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Agreement.
X.
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
XI.
ASSIGNMENT
TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreement without the prior written approval of the TOWN.
December 9, 2014 Minutes Page 16 of 39Town Council Page 24 of 241 Meeting Date: March 10, 2015
XII.
GENERAL REQUIREMENTS
12.01 Financials. TCRYBA shall provide financials for review by Town on or before the
first Monday in February, 2015 for the previous Fall 2014 Season, on or before
the first Monday in August, 2015 for the Spring 2015 Season, and on or before
the first Monday in February, 2016 for the Fall 2015 Season. This requirement
shall survive termination and/or expiration of this Agreement.
12.02 Reports. On or before the twenty-first (21st) day following the commencement of
the Spring 2015 Season and the Fall 2015 Season, TCRYBA shall provide a
written report identifying the total number of TCRYBA registered players, the city
of residence for each such player, the associated age division for each such
player, and the classification of the player as a member of a recreation team or a
select team.
12.03 Board Members. On or before the twenty-first (21st) day following the
commencement of the Spring 2015 Season and the Fall 2015 Season, TCRYBA
shall provide a list of the names and city of residence for each TCRYBA board
member .
12.04 Background Checks. TCRYBA shall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
capacity pass a background check. Additionally , all adult umpires shall be
required to successfully pass a background check . TCRYBA approved standards
for successful completion of a background check shall be provided to TOWN,
and any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for TCRYBA in any manner or capacity.
LL ASSOCIATION
By :
hn Watson, President
CR Youth Baseball Association
2015 Non-Exclusive Use Agreement with TCRYBA Page 10of13
December 9, 2014 Minutes Page 17 of 39Town Council Page 25 of 241 Meeting Date: March 10, 2015
ATTEST: TOWN OF TROPHY CLUB, TEXAS
By: c~
Town of Trophy Club, Texas
By:
APPROVED AS TO FORM:
By:~~
Patricia A. Adams , 1T own Attorney
Town of Trophy Club, Texas
2015 Non-Exclusive Use Agreement with TCRYBA Page 11 of 13
December 9, 2014 Minutes Page 18 of 39Town Council Page 26 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 12 of 13
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
___________________, 2014 by C. Nick Sanders, Mayor 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
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the _____ day of
___________________, 2014 by John Watson, President of the TCR YOUTH
BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation.
______________________________
Notary Public in and for the
State of Texas
December 9, 2014 Minutes Page 19 of 39Town Council Page 27 of 241 Meeting Date: March 10, 2015
2015 Non-Exclusive Use Agreement with TCRYBA Page 13 of 13
EXHIBIT “A”
(TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA)
INDEPENDENCE PARK
Field #1
Field #2
Field #3
Field #4
Field #5
Field #6
Field #7
Batting cages
T-ball practice field
Concession #1
Concession #2
Parking
December 9, 2014 Minutes Page 20 of 39Town Council Page 28 of 241 Meeting Date: March 10, 2015
ATTACHMENT B
Animal Shelter Board Future Facility Recommendation Presentation
December 9, 2014 Minutes Page 21 of 39Town Council Page 29 of 241 Meeting Date: March 10, 2015
FACILITY RECOMMENDATIONS
DECEMBER 9, 2014
Animal Shelter Board
December 9, 2014 Minutes Page 22 of 39Town Council Page 30 of 241 Meeting Date: March 10, 2015
Kelly Akin
Patrick Arata
Melissa Burns
Susan Edstrom
Bruce Fusselman
Tony Simmons
Danielle Marni Stewart
Shelter Board Request
We were asked to provide a
recommendation to Council on the
requirements for a new shelter facility.
We recognize that what is feasible is
completely dependent on the available
land and/or buildings as you move
forward.
Shelter Board
December 9, 2014 Minutes Page 23 of 39Town Council Page 31 of 241 Meeting Date: March 10, 2015
animal shelter
noun 1. an
establishment,
especially one
supported by charitable
contributions, that
provides a temporary
home for dogs, cats,
and other animals that
are offered for
adoption.
Current State of the Facility
Outdoor kennels which are not climate
controlled
Air conditioning unit fan blows hot air
on the majority of the kennels
Indoor holding facility consists of wire
crates in a room with no windows
Small ACO office
Limited storage
December 9, 2014 Minutes Page 24 of 39Town Council Page 32 of 241 Meeting Date: March 10, 2015
Current Facility -- Indoors
December 9, 2014 Minutes Page 25 of 39Town Council Page 33 of 241 Meeting Date: March 10, 2015
Current Facility -- Outdoors
December 9, 2014 Minutes Page 26 of 39Town Council Page 34 of 241 Meeting Date: March 10, 2015
IDEAL REQUIREMENTS
Future State of the Shelter
December 9, 2014 Minutes Page 27 of 39Town Council Page 35 of 241 Meeting Date: March 10, 2015
Future State Ideal Requirements
A temperature controlled environment
3-5 Kennels, flooring that would be conducive to easy cleaning
and drainage
Small outdoor dog run
Ideal would have shaded area; no concrete
Tub to wash animals
Washer and Dryer
Mechanical hose access for easier cleaning and safety
Access from outside the building that would allow volunteers
to assist after hours and over the weekend
December 9, 2014 Minutes Page 28 of 39Town Council Page 36 of 241 Meeting Date: March 10, 2015
Sample Photos
Outdoor run for exercise
Kennel doors that allow
easily cleaning/sanitizing
December 9, 2014 Minutes Page 29 of 39Town Council Page 37 of 241 Meeting Date: March 10, 2015
Building
Location/
Accessibility
Resources:
www.animalsheltering.
org/resources
www.shelterplanners.co
m
http://www.americanh
umane.org/assets/pdfs/
animals/operational-
guides/op-guide-
planninganimalshelter.
pdf
Close proximity to police station
This will facilitate:
Easy collection of fees and allowing
owners to pick up their pet
Review options for electronic payment
Easy accessibility for officers or
volunteers after hours and weekends
If facility is not easily accessible to our
officers or volunteers, additional evening
and weekend personnel could be
required
Safety of animals in our care
If facility is remote, security cameras
are required
December 9, 2014 Minutes Page 30 of 39Town Council Page 38 of 241 Meeting Date: March 10, 2015
Joint Opportunities
Current Joint services provided through Brian the
Animal Guy
Majority of animals in our facility are reunited with their owner
within 1-3 days. Those not reunited are adopted our through
volunteer efforts or working with Brian
Keller Regional Facility
Today cities of Keller, Southlake, Colleyville & Roanoke use their
facility.
Transport to the facility – time outside of Trophy Club to take
animal to the facility (approximately 1.25-1.5 hour round trip)
Additional fees with the regional facility (approximately $40-
50 a dog)
December 9, 2014 Minutes Page 31 of 39Town Council Page 39 of 241 Meeting Date: March 10, 2015
Joint Opportunity Considerations
With third parties, we recommend
Extend the 72 hour stray hold to allow for adoption process
to work
The third party facility must have a requirement to advise of
outcome of pets from our community (adoption or EU)
To be provided on a quarterly basis
Maintain a full-time Animal Control Officer
December 9, 2014 Minutes Page 32 of 39Town Council Page 40 of 241 Meeting Date: March 10, 2015
Animal Control Officer
Responsibilities:
Maintain reports of activities
Maintain files of impoundments and dispositions of animals
Work with volunteers to facilitate the adoption of the
unclaimed animals
Care for animals with food and water, and personal care while
housed in our shelter.
Having a full-time ACO ensures better utilization of
our police officers, who may or may not be trained to
deal animal issues
December 9, 2014 Minutes Page 33 of 39Town Council Page 41 of 241 Meeting Date: March 10, 2015
Benefits of a Trophy Club Shelter & ACO
We need a full-time officer to deal with not only
domestic animal calls, but calls regarding wildlife,
deceased wildlife, relocation of wildlife when needed
Residents have expressed a need and desire to have a
facility in Trophy Club
While cost to build and maintain, there would be
limited fees if using a third party
A local facility allows for easier and faster reuniting
of pets with their owners
December 9, 2014 Minutes Page 34 of 39Town Council Page 42 of 241 Meeting Date: March 10, 2015
SHELTER IMPOUND
Appendix
December 9, 2014 Minutes Page 35 of 39Town Council Page 43 of 241 Meeting Date: March 10, 2015
October 2013 through November 2014
116 total logged animals in/out*
Same day release 74
Two day hold 23
Three day release 19
Trophy Club Animals Advocacy**
33 dogs reunited without coming to the shelter
6 cats reunited (shelter does not intake cats)
* Does not include 100% of after hours dispatch or field release to owner or my returns
** To assist Kelly and PD, tracking will be set up so reporting can be provided
December 9, 2014 Minutes Page 36 of 39Town Council Page 44 of 241 Meeting Date: March 10, 2015
ATTACHMENT C
Executed Resolution 2014-44
December 9, 2014 Minutes Page 37 of 39Town Council Page 45 of 241 Meeting Date: March 10, 2015
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:
RES 2014-44 Page 1of2
December 9, 2014 Minutes Page 38 of 39Town Council Page 46 of 241 Meeting Date: March 10, 2015
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 9th day of December, 2014.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
~~~~~~il~~
Patricia A . Adams , Town Attorney
Town of Trophy Club , Texas
RES 2014-44 Page 2 of 2
December 9, 2014 Minutes Page 39 of 39Town Council Page 47 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0170-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding the Minutes dated February 10, 2015.
Attachments:Draft TC Minutes February 10, 2015.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the Minutes dated February 10, 2015.
Town Council Page 48 of 241 Meeting Date: March 10, 2015
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, February 10, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, February 10, 2015. 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
Tim Kurtz Council Member, Place 4
Philip Shoffner Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel Acting Town Manager
Patricia Adams Town Attorney
Holly Fimbres Town Secretary/RMO
Adam Adams Parks and Recreation Director
Patrick Arata Police Chief
Matt Jones Community Development Senior Planner
April Reiling PIO/Marketing Manager
Danny Thomas Fire Chief
John Zagurski Budget Analyst
Mayor Sanders announced the date of Tuesday, February 10, 2015, called the Town Council to order and
announced a quorum at 7:00 p.m.
The Invocation was offered by Parks and Recreation Director Adams.
The Pledges were led by Council Member Shoffner.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for February 10,
2015.
Council Member Shoffner discussed the intended process for the future agenda list and the 90 day trigger that acts
as a reminder for an update on due items.
Mayor Pro Tem Lamont commented that no final determination be made tonight regarding Item No. 15 , Parks RFP,
and possibly have it as a workshop session item on the February 24, 2015 agenda.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the February 24, 2015 meeting.
February 10, 2015 Town Council Minutes Page 1 of 42Town Council Page 49 of 241 Meeting Date: March 10, 2015
Mayor Sanders commented that initially the Town Council Retreat minutes were scheduled to be presented for
consideration tonight but were pulled for more detail and will come back for consideration.
Mayor Pro Tem Lamont requested to have a CCPD ordinance, similar to the CFAB ordinance being presented, on
the next agenda to bring in line with the Handbook, to continue with the process of reviewing all boards and
commissions.
Discussion took place regarding having the Parks and Recreation Board form a sub-committee to deal with issues
relating to the dog park, and possibly have the Animal Shelter Advisory Board form a sub-committee for their
evaluation of it.
Mayor Pro Tem Lamont inquired about Item No. 9, baseball contract and tournaments, listed on the future agenda
list.
Acting Town Manager Seidel gave a brief update and stated that staff is still working on this item.
3. Discussion of items from future agenda list:
A. 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)
Mayor Sanders provided an update related to signage in medians and provided examples of monument, pole,
advertising, and directional signage from Southlake.
B. Consider and take appropriate action regarding general signage on poles and painted on road beds.
(CM Parrow requested this be moved to the February 10, 2015 agenda at the 1/27/2015 Council
Meeting)
Council Member Parrow presented an update related to general signage on poles and painted on road beds.
Additionally, he displayed several examples of round-about diagrams and signage that could help minimize
potential accidents and make the round- about less confusing.
Acting Town Manager Seidel stated that staff has reached out to the traffic engineer, Tom Rutledge, to re-
examine the round-about in terms of efficiencies with signage, and that staff will work with the traffic engineer
to have this item on the February 24, 2015 agenda.
Council Member Rowe thanked Council Member Parrow for putting together his presentation.
C. Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for
Police Department mitigation. (Rowe 9/9/2014)
Council Member Rowe stated that this item is based on resident feedback regarding park events and school pick
up and drop off.
Acting Town Manager Seidel advised that staff should have school and traffic counts within the next week or two,
which will help guide what options to take.
4. Review and provide input and direction to staff regarding the Handbook for elected and appointed officials.
Discussion took place regarding proposed changes within the cover page and the following sections of the
Handbook for Elected and Appointed Officials: Applicant Requirement for Boards, Commissions, or Corporations;
Application Process for Annual Appointments; Town Council Appointments Committee; Interview Process; Open
February 10, 2015 Town Council Minutes Page 2 of 42Town Council Page 50 of 241 Meeting Date: March 10, 2015
Government Training; Nepotism; Regular attendance; Effective Meetings; Rules of Decorum; and Appointment of a
Chair.
Mayor Sanders stated that the proposed changes to the Handbook for Elected and Appointed Officials, that were
presented tonight, will be brought back for consideration and placed on the February 24, 2015 consent agenda.
He added that if the Council has additional changes that need to be discussed, then it will be pulled from the
consent agenda and placed on the regular agenda.
CONVENE INTO REGULAR SESSION - START TIME – 8:18 P.M.
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.
There were no citizen presentations.
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.
5. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the
Governor, Criminal Justice Division, of a Grant Application for the Regional Mobile Crime Scene Unit
Program for the 2015-2016 Fiscal Year; Authorizing the Acting Town Manager or his designee to execute all
necessary documents.
Attachment A- Resolution No. 2015-03
6. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the
Governor, Criminal Justice Division, of a Grant Application for the P25 Compliant Radio Transition Program
for the 2015-2016 Fiscal Year; designating the Acting Town Manager as the Town's Authorized Official; and
authorizing the Acting Town Manager or his designee to execute all necessary documents.
Attachment B – Resolution No. 2015-04
7. Consider and take appropriate action regarding a Resolution approving the submission to the Office of the
Governor, Criminal Justice Division, of a Grant Application for the Drug Interdiction and Juvenile Resource
Program for the 2015-2016 Fiscal Year; designing the Acting Town Manager as the Town’s Authorized
Official; and authorizing the Acting Town Manager or his designee to execute all necessary documents.
Attachment C – Resolution No. 2015-05
8. Consider and take appropriate action regarding the Minutes dated November 25, 2014. (Town Secretary
Note: Approved as presented at the dais)
9. Consider and take appropriate action regarding the Minutes dated December 18, 2014. (Town Secretary
Note: Approved with no changes)
February 10, 2015 Town Council Minutes Page 3 of 42Town Council Page 51 of 241 Meeting Date: March 10, 2015
10. Consider and take appropriate action regarding the Minutes dated January 20, 2015. (Town Secretary Note:
Approved as presented at the dais)
11. Consider and take appropriate action regarding an Interlocal Joint Election Agreement between the Town
and Denton County for administration of the May 9, 2015 Town general election; and authorizing the
Mayor or his designee to execute all necessary documents.
Attachment D – Executed Joint Contract Signature Page with Denton County
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Shoffner, to approve the Consent Agenda
Items 5 through 11 as presented at the dais.
Motion passed unanimously.
REGULAR SESSION
12. Consider and take appropriate action regarding a request from Trophy Club Women ’s Club for a Temporary
Use Permit - Special Privilege Request to allow two community garage sales in calendar year 2015.
Attachment E – Updated Staff Report and Sign Locations
Kathy Carlton, Trophy Club Women’s Club President, requested that the second date of October 10, 2015 be
changed to October 17, 2015 due to a conflict with a motorcycle rally.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve a request from Trophy
Club Women’s Club for a Temporary Use Permit – Special Privilege Request to allow two community garage sales
in calendar year 2015, to be held on April 11, 2015 and as modified for October 17, 2015.
Motion passed unanimously.
13. Consider and take appropriate action regarding the award of bid to the lowest responsible bidder and
rejection of all other bids for the purchase of a Horton Ambulance manufactured by Professional Ambulance
Service; and authorizing the Mayor or his designee to execute all necessary documents.
Acting Town Manager Seidel provided a brief overview of the item and its components, which include the
ambulance, replacement of a Stryker Power Cot, and addition of Stryker Power Load System.
Motion made by Council Member Reed, seconded by Council Member Kurtz, to table the item to a future date
after the Town Council receives a response from the Fire/EMS Joint Sub-Committee about moving the EMS under
the Town or to the Municipal Utility District.
Council Member Rowe inquired about the lead time from the point of order to delivery.
Acting Town Manager Seidel stated that generally it is about 220 to 240 days.
Mayor Sanders commented that if the award of bid was approved, there is a potential that the organization that
awarded the bid would not be the organization to actually purchase the item.
The vote was taken. Motion passed unanimously.
14. Consider and take appropriate action regarding an Ordinance ordering and calling a Joint General Election to
be held on May 9, 2015 for the purpose of electing one (1) Council member to Place No. 3 and one (1)
Councilmember to Place No. 4 on the Trophy Club Town Council, each for a term of three (3) years
respectively; providing for the incorporation of premises; providing for administration of the election by
February 10, 2015 Town Council Minutes Page 4 of 42Town Council Page 52 of 241 Meeting Date: March 10, 2015
Tarrant and Denton County; providing miscellaneous terms relative to polling places and the conduct of
election; and providing an effective date.
Attachment F – Ordinance No. 2015-02
Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to approve Ordinance No. 2015-02,
ordering and calling a Joint General Election to be held on May 9, 2015 for the purpose of electing one (1) Council
member to Place No. 3 and one (1) Councilmember to Place No. 4 on the Trophy Club Town Council.
Motion passed unanimously.
15. Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for
the Town as recommended by CFAB and authorizing publication of notice of bid.
Parks and Recreation Director Adams advised of a correction on page 237 of the Town Council agenda packet,
second line from bottom, change 36 cycles per year to 8 cycles per year.
Town Council asked various questions regarding areas maintained and irrigated by the Town, mowing and
maintenance of the dog park, weekend support, and special events support. Town Council indicated a need to
examine those common areas and locations that may be owned by private property owners and homeowner
associations that are currently being maintained by the Town.
Parks and Recreation Director Adams discussed the reasons for the irrigation of the parks and athletic fields to
remain with the Town, specifically regarding town watering restrictions.
Mayor Sanders stated that it appears there are a number of pieces that need to be investigated or clarified by staff
and noted that if no action is taken tonight, then staff can bring the item back with corrections for consideration.
Based upon discussion Mayor Pro Tem Lamont stated that the item will move forward with no action and if ready,
bring back on the February 24, 2015 agenda.
(Town Secretary Note: Mayor Pro Tem Lamont assisted Mayor Sanders with conducting the meeting because his
voice was going out)
16. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club amending Article
XVI, “Citizens Financial Advisory Board” of Chapter 1, “Administration” of the Code of Ordinances by
repealing Subsection 16.02(C), “Board Established/Number of Members/Terms Established and
Qualifications” and adopting a new Subsection 16.02(C) and amending the introductory paragraph of
Subsection 16.02(E), “Officers”; providing for incorporation of premises; and providing an effective date.
Attachment G – Ordinance No. 2015-03
Town Attorney Adams advised that if the terms for CFAB are changed to two years, there will be five members
with a term that will expire in odd years, and only two members with a term that will expire in even years. She
explained that a possible solution would be to handle the one member whose term expires in 2015 through the
appointment process and add another year to their term.
Council Member Rowe and Council Member Shoffner discussed taking out “so that no more than two (2) terms
expire each year” within Subsection C, “Staggered Terms” of Section 16.02, “Board Established/Number of
Members/Terms Established and Qualifications.”
Motion:
Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Ordinance No. 2015-03 of
the Town of Trophy Club amending Article XVI, “Citizens Financial Advisory Board” of Chapter 1, “Administration”
February 10, 2015 Town Council Minutes Page 5 of 42Town Council Page 53 of 241 Meeting Date: March 10, 2015
of the Code of Ordinances by repealing Subsection 16.02(C), “Board Established/Number of Members/Terms
Established and Qualifications” and adopting a new Subsection 16.02(C) and amending the introductory paragraph
of Subsection 16.02(E), “Officers” and amending Subsection 16.02(C) as discussed at the dais by removing “so that
no more than two (2) terms expire each year.”
Motion passed unanimously.
(Town Secretary Note: The one board member whose term expires in 2015 will be done through the appointment
process to get the terms on track)
17. Consider and take appropriate regarding projects to be completed by the Citizens Financial Advisory Board
(CFAB) and associated priorities.
Attachment H - Staff Report
Acting Town Manager Seidel provided an update regarding a list of projects that CFAB could offer assistance, which
include the following: 1) Vehicle Replacement Policy; 2) Liquidation Policy; 3) Preparation of the Popular Annual
Financial Report; and 4) Continue review of the Trophy Club Park financial position. He noted that the items were
not in any particular order, and that Council Member Shoffner had suggested that the Fire/EMS Joint Sub-
Committee be able to provide tasks for CFAB.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve tasking CFAB to review
and modify Town policy for the disposal of Town property, to allow the Town to sell property in addition to the
current options of either trashing or auctioning the property .
Substitute Motion:
Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve setting the priority for CFAB to
deal with Items 1 through 4 (as presented in the Town Council packet) in the following order: 1)Vehicle
Replacement; 2) Continue review of the Trophy Club Park financial position ; 3) Liquidation Policy; and 4)
Preparation of the Popular Annual Financial Report (PAFR).
Amended motion:
Council Member Shoffner made an amended motion to add the ability for the Fire/EMS Joint Sub-Committee to
provide tasks for CFAB.
Motion failed for lack of a second.
Vote for the Substitute Motion was taken. Motion passed unanimously.
18. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2012-08,
Resolution No. 2013-15, and Resolution No. 2014-33 and adopting a new Town of Trophy Club Handbook
for Elected and Appointed Officials; and providing an effective date.
Council Member Shoffner noted that the corrected resolution presented at the dais added the repealing of
Resolution No. 2013-15.
Motion made by Mayor Sanders, seconded by Council Member Shoffner, to refer this item until February 24, 2015
and to be placed on the consent agenda based on direction given tonight with the proposed changes to the
Handbook for Elected and Appointed Officials.
Motion passed unanimously.
19. Council to conduct interviews of applicants for Fire/EMS Joint Sub-Committee; consider and take
appropriate action to appoint one (1) citizen to serve on the Fire/EMS Joint Sub-Committee.
February 10, 2015 Town Council Minutes Page 6 of 42Town Council Page 54 of 241 Meeting Date: March 10, 2015
Acting Town Manager Seidel noted that two of the three citizen applicants were present.
Fire Chief Thomas commented that Mr. Louis Opipare Jr. was not feeling well.
Eric Jensen, 2218 McLean Avenue, stated that he lives in the PID and that he applied for the Fire/EMS Joint Sub
Committee with no bias and believes in doing what is right. Additionally, he went over his financial qualifications,
and answered questions presented by the Town Council.
Robert F. Radder stated that he has lived in the Town for fifteen years and went over his credentials, which include
Citizen of the Year in 2007, Citizen Fire Academy participant, Police Academy graduate, and certified as a Civilian
Emergency Response Team Trainer. Additionally, he advised that he has a background dealing with finances and
answered questions presented by the Town Council.
Council Member Reed thanked Mr. Radder for his passion.
Council Member Kurtz commented that he serves on the Fire/EMS Sub-Committee and believes that they should
have someone from the PID on the sub-committee.
Motion made by Council Member Rowe, seconded by Council Member Kurtz, to appoint Eric Jensen to serve as the
citizen member on the Fire/EMS Joint Sub-Committee.
Motion passed unanimously.
20. Town Council Liaison Updates; discussion of same:
* Economic Development Corporation 4B, February 2, 2015
Council Liaison - Council Member Rhylan Rowe
No action taken, update only.
Acting Town Manager Seidel noted that the Economic Development Corporation 4B would like to have a Joint
Session with the Town Council in the future to discuss goals and priorities.
21. Acting Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
Trophy Club Streets CIP
Discover Trophy Club Magazine
Community Clean Up Event
Police Department recruiting partnership
Acting Town Manager Seidel updated the Council regarding the above mentioned topics and addressed questions;
no action taken, update only.
Additionally, he announced that Community Development Senior Planner Jones turned in his resignation to accept
a position with the Town of Argyle, and that there is an open firefighter position and open Parks position to fill.
22. 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.
February 10, 2015 Town Council Minutes Page 7 of 42Town Council Page 55 of 241 Meeting Date: March 10, 2015
Council Member Shoffner requested that an item be added to consider and take appropriate action regarding
forming a committee of residents to create a site/action plan for Trophy Club Park.
Council Member Parrow requested that Item No. 5 be removed regarding general signage on poles and painted on
road beds.
EXECUTIVE SESSION
23. Pursuant to the following designated sections of Texas Government Code, Annotated, Subchapter
551, the Council will enter into executive session to discuss the following items:
A. Section 551.074(a)(1), Personnel Matters. To discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee pursuant to
Section 551.074 (a)(1) of the Texas Open Meetings Act:
Acting Town Manager Stephen Seidel and vacant Town Manager position.
B. 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:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential
Lease of Property.
CONVENE INTO EXECUTIVE SESSION - START TIME –9:52 P.M.
RECONVENE INTO REGULAR SESSION - START TIME – 11:39 P.M.
RECONVENE INTO REGULAR SESSION
24. Consider and take appropriate action regarding the Executive Session.
Motion made by Council Member Shoffner, seconded by Council Member Parrow, to continue with Stephen Seidel
as Acting Town Manager at a pay rate of $150,000 in the acting position, with the pay retroactive back to January
24, 2015.
Motion passed unanimously.
No action was taken for Executive Session Item B.
ADJOURN
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:40 p.m.
___________________________________ ___________________________________
Holly Fimbres, Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
February 10, 2015 Town Council Minutes Page 8 of 42Town Council Page 56 of 241 Meeting Date: March 10, 2015
ATTACHMENT A
Resolution No. 2015-03
February 10, 2015 Town Council Minutes Page 9 of 42Town Council Page 57 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-03
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF THE
GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT APPLICATION
FOR THE REGIONAL MOBILE CRIME SCENE UNIT PROGRAM FOR THE
2015-2016 FISCAL YEAR: AUTHORIZING THE ACTING TOWN MANAGER
OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens
of the Town of Trophy Club that the Regional Mobile Crime Scene Program to be
operated in the 2015 -2016 fiscal year ; and
WHEREAS , in the furtherance of that objective, the Town Council determines it
appropriate and in the best interests of the public health , safety and welfare to submit a
grant application for the Drug Interdiction and Juvenile Resource Program to the Office
of the Governor, Criminal Justice Division ; and
WHEREAS , The Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds , the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full ; and
WHEREAS , The Town of Trophy Club designates Stephen Seidel , Acting Town
Manager as the grantee 's authorized official , the authorized official is given the power to
apply for , accept , reject , alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. That the Town of Trophy Club hereby approves the submission of a
grant application for the Regional Mobile Crime Scene Program to the Office of the
Governor, Criminal Justice Division and authorizes the Acting Town Manager or his
designee to execute all necessary documents.
Section 2 . That , this Resolution shall become effective from and after its date
of passage in accordance with law .
February 10, 2015 Town Council Minutes Page 10 of 42Town Council Page 58 of 241 Meeting Date: March 10, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy Club ,
Texas this 1 oTH day of February, 2015.
ATIEST:
Holly Fim res, Town Secretary
Town of Trophy Club , Texas
RES 2015-03
C;;{?S~
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
+atuU:Qlrn/l,/J,~
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Page2of2
February 10, 2015 Town Council Minutes Page 11 of 42Town Council Page 59 of 241 Meeting Date: March 10, 2015
ATTACHMENT B
Resolution No. 2015-04
February 10, 2015 Town Council Minutes Page 12 of 42Town Council Page 60 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-04
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, APPROVING THE
SUBMISSION TO THE OFFICE OF THE GOVERNOR,
CRIMINAL JUSTICE DIVISION, OF A GRANT
APPLICATION FOR THE P25 COMPLIANT RADIO
TRANSITION PROGRAM FOR THE 2015-2016 FISCAL
YEAR; DESIGNATING THE ACTING TOWN MANAGER
AS THE TOWN’S AUTHORIZED OFFICIAL AND
AUTHORIZING THE ACTING TOWN MANAGER OR HIS
DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of
the Town of Trophy Club that the P25 Compliant Radio Transition Program to be
operated in the 2016-2016 fiscal year; and
WHEREAS, in the furtherance of that objective, the Town Council determines it
appropriate and in the best interests of the public health, safety and welfare to submit a
grant application for the P25 Compliant Radio Transition Program to the Office of the
Governor, Criminal Justice Division; and
WHEREAS , the Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS, the Town of Trophy Club designates Stephen Seidel, Acting Town
Manager as the grantee’s authorized official, the authorized official is given the power to
apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. The Town of Trophy Club hereby approves the submission of a
grant application for the P25 Compliant Radio Transition Program to the Office of the
Governor, Criminal Justice Division and authorizes the Acting Town Manager or his
designee to execute all necessary documents.
Section 2. This Resolution shall become effective from and after its date of
passage in accordance with law.
February 10, 2015 Town Council Minutes Page 13 of 42Town Council Page 61 of 241 Meeting Date: March 10, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 1 oth day of February, 2015.
ATTEST :
Holly Fimb es, Town Secretary
Town of rophy Club, Texas
RES 2015-04
c ~~
Town of Trophy Club, Texas
APPROVED AS TO FORM:
d1ih l cx{Jl&.aflti j
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
Page 2 of 2
February 10, 2015 Town Council Minutes Page 14 of 42Town Council Page 62 of 241 Meeting Date: March 10, 2015
ATTACHMENT C
Resolution No. 2015-05
February 10, 2015 Town Council Minutes Page 15 of 42Town Council Page 63 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-05
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING THE SUBMISSION TO THE OFFICE OF
THE GOVERNOR, CRIMINAL JUSTICE DIVISION, OF A GRANT
APPLICATION FOR THE DRUG INTERDICTION AND JUVENILE
RESOURCE PROGRAM FOR THE 2015-2016 FISCAL YEAR;
DESIGNATING THE ACTING TOWN MANAGER AS THE TOWN'S
AUTHORIZED OFFICIAL AND AUTHORIZING THE ACTING TOWN
MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Town of Trophy Club finds it in the best interest of the citizens of
the Town of Trophy Club that the Drug Interdiction and Juvenile Resource Program be
operated in the 2015-2016 fiscal year ; and
WHEREAS , in the furtherance of that objective , the Town Council determines it
appropriate and in the best interests of the public health, safety and welfare to submit a
grant application for the Drug Interdiction and Juvenile Resource Program to the Office
of the Governor , Criminal Justice Division; and
WHEREAS, the Town of Trophy Club agrees that in the event of loss or misuse
of the Criminal Justice Division funds, the Town of Trophy Club assures that the funds
will be returned to the Criminal Justice Division in full; and
WHEREAS , the Town of Trophy Club designates Stephen Seidel , Acting Town
Manager as the grantee 's authorized official , the authorized official is given the power to
apply for , accept , reject , alter or terminate the grant on behalf of the applicant agency
and to execute or name a designee to execute all necessary documents .
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS;
Section 1. The Town of Trophy Club hereby approves the submission of a
grant application for the Drug Interdiction and Juvenile Resource Program to the Office
of the Governor, Criminal Justice Division and authorizes the Acting Town Manager or
his designee to execute all necessary documents.
Section 2. This Resolution shall become effective from and after its date of
passage in accordance with law .
February 10, 2015 Town Council Minutes Page 16 of 42Town Council Page 64 of 241 Meeting Date: March 10, 2015
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, on this 10" day of February, 2015. ~~·
ATTEST :
Holly Fimb es, Town Secretary
Town of Trophy Club, Texas
RES 2015-05
C. Nick Sanders, Mayor '
Town of Trophy Club, Texas
APPROVED AS TO FORM :
Mw~
Patricia A. Adams , Town Attorney
Town of Trophy Club , Texas
Page 2 of 2
February 10, 2015 Town Council Minutes Page 17 of 42Town Council Page 65 of 241 Meeting Date: March 10, 2015
ATTACHMENT D
Executed Joint Contract Signature Page with Denton County
February 10, 2015 Town Council Minutes Page 18 of 42Town Council Page 66 of 241 Meeting Date: March 10, 2015
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ATTACHMENT E
Updated Staff Report and Sign Locations
February 10, 2015 Town Council Minutes Page 20 of 42Town Council Page 68 of 241 Meeting Date: March 10, 2015
To: Mayor and Town Council
From: Matt Jones, Senior Planner
CC: Stephen Seidel, Acting Town Manager
Holly Fimbres, Town Secretary
Re: UPDATED - Temporary Use Permit – Community Garage Sale
Town Council Meeting, Tuesday, February 10, 2015
Agenda Item:
Consider and take appropriate action regarding a request by the Trophy Club Women’s Club for
a Temporary Use Permit - Special Privilege Request to allow two community garage sales in
calendar year 2015.
Explanation:
The applicant, Trophy Club Women’s Club, is requesting permission to hold two community-
wide garage sales events in Trophy Club in calendar year 2015. The Women’s Club submitted a
“Temporary Use Application” and was given to the Community Development Department for
placement on a P&Z and Council agenda for consideration of a “Special Privilege” request. The
Town of Trophy Club Code of Ordinances provides the following requirements for community
garage sales by a Temporary Use Permit:
Chapter 13-Zoning, Section 5.01-Temporary Uses
E. Community Garage Sale by Special Privilege: Upon approval by the Town Council, after
recommendation by the Planning and Zoning commission, a community garage sale shall be
permitted by Special Privilege to civic organizations or non-profit organizations. Such events
shall not occur more than twice annually; and each event shall be one day in duration. Approval
of said Special Privilege shall be condition to prior approval of operations of the event and the
proposed locations of the garage sale sites by the Town Department of Public Safety.
The Spring garage sales event will be held on Saturday, April 11, 2015 and the Fall garage sales
event will occur on Saturday, October 10, 2015. No alternate rain dates have been planned or
requested. The Trophy Club Women’s Club is requesting that the event be allowed from 7:00
a.m. to 2:00 p.m. for the above mentioned dates.
As required by ordinance, the Department of Public Safety reviewed and approved the
operations of the event and the proposed locations of the garage sale sites and the Police
Chief’s signature of approval was obtained on the application.
Page 1 of 2
February 10, 2015 Town Council Minutes Page 21 of 42Town Council Page 69 of 241 Meeting Date: March 10, 2015
Attachments:
• TUP Application
Staff Recommendation:
Staff recommends approval as requested, with any operational conditions of approval as
recommended by the Planning and Zoning Commission and approved by the Town Council.
Staff would also request that an exhibit be provided showing they number, types, and locations
of any proposed signs for the event.
Special Event Committee Recommendation:
The Special Events Committee met with the applicant on February 3, 2015. The Committee
recommended no additional event fee to be charged for the request and recommend approval
with any conditions as necessary from the Town Council.
P&Z Commission Recommendation: UPDATED
The Planning and Zoning Commission considered this request on February 5, 2015. A motion
was made for approval as requested and the motion passed by a vote of five in favor and none
opposed.
Page 2 of 2
February 10, 2015 Town Council Minutes Page 22 of 42Town Council Page 70 of 241 Meeting Date: March 10, 2015
February 10, 2015 Town Council Minutes
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ATTACHMENT F
Ordinance No. 2015-02
February 10, 2015 Town Council Minutes Page 24 of 42Town Council Page 72 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-02
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT
GENERAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN")
TO BE HELD ON MAY 9, 2015 FOR THE PURPOSE OF ELECTING
ONE (1) COUNCIL MEMBER FOR PLACE #3 AND ONE COUNCIL
MEMBER FOR PLACE #4 TO THE TOWN COUNCIL EACH FOR A
TERM OF THREE (3) YEARS; PROVIDING FOR THE
INCORPORATION OF PREMISES; SPECIFYING THE DATE OF
ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION;
SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN
APPLICATION FOR A PLACE ON THE BALLOT FOR THE JOINT
GENERAL ELECTION; PROVIDING FOR A RUNOFF ELECTION;
PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION
JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE;
ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE
ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS;
PROVIDING FOR NECESSARY ACTIONS; PROVIDING FOR
ADMINISTRATION OF A JOINT ELECTION BY BOTH TARRANT
COUNTY AND DENTON COUNTY; PROVIDING AN AGREEMENT
WITH DENTON COUNTY AND AUTHORIZING AN AGREEMENT WITH
TARRANT COUNTY FOR ADMINISTRATION OF THE ELECTION;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the
"Code") establishes the second Saturday in May as a Uniform Election Date for the
purposes of conducting a General Election ; and
WHEREAS, Section 3.004 of the Texas Election Code provides that the
governing body of a municipality shall be the authority to order a General Election ; and
WHEREAS , the Town Council finds and declares that the meeting at which this
Ordinance is considered is open to the public as required by law, and that public notice
of the time, place , and purpose of such meeting was given as required by Chapter 551 ,
Texas Government Code , as amended; and
WHEREAS, the Town Council desires to and hereby calls a Joint General
Election for the purpose of electing one (1) Council member for Place #3 and one (1)
Council member for Place #4 for a three (3) year term each; and
February 10, 2015 Town Council Minutes Page 25 of 42Town Council Page 73 of 241 Meeting Date: March 10, 2015
WHEREAS, Section 3 .005 of the Texas Election Code provides that an election
ordered by an authority of a municipality shall be ordered not later than the 62nd day
before Election Day; and
WHEREAS, because the Town of Trophy Club is located in both Denton County
and Tarrant County, the Town will enter into an Election Services Contract with Denton
County and an Election Services Contract with Tarrant County so that those entities will
provide election services for Denton County and Tarrant County residents of Trophy
Club ; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Denton County Elections Administration (the "Denton County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Denton County Elections Administration ("DCEA"), and other participating
entities, if any , described in a Contract between the Town and Denton County , a copy of
which Contract will be incorporated herein as Exhibit "A" upon its final approval and
execution by the Town; and
WHEREAS, the Election shall be conducted in accordance with the Code under
the jurisdiction of the Tarrant County Elections Administration (the "Tarrant County
Elections Administrator") pursuant to an Election Services Contract (the "Contract") by
and among Tarrant County Elections Administration ("TCEA"), and other participating
entities , if any , described in the Contract between the Town and Tarrant County .
Tarrant County has advised the Town that it will not submit a contract for Election
Services until sometime during the month of April when the determination of
participating entities and cost per entity is available . Upon Town Council approval of the
lnterlocal Agreement with Tarrant County, a copy of that agreement shall be
incorporated herein by reference as Exhibit "B"; and
WHEREAS, Section 85 .004 of the Texas Election Code provides that an election
order and the election notice must state the location of each early voting polling place ;
and,
WHEREAS , the Town Council finds that upon the canvassing of the returns of
the May 9, 2015 election , this Ordinance and election order, shall be enacted as set
forth in this Ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are true and correct and are hereby incorporated in the body
of this Ordinance as if fully set forth herein .
ORD 2015-02 Page 2of11
February 10, 2015 Town Council Minutes Page 26 of 42Town Council Page 74 of 241 Meeting Date: March 10, 2015
All resident , qualified voters of the Town shall be eligible to vote at the Election.
SECTION 2.
DATE OF ELECTION
It is hereby ordered that a joint General Election (collectively the "Election") shall be
held in and throughout the Town of Trophy Club on Saturday, May 9, 2015 using a
combined ballot.
SECTION 3.
PURPOSE OF ELECTION
General Election . The purpose of the joint General Election is to elect one (1) Council
member for Place #3 and one (1) Council member for Place #4, each for a three (3)
year term on the Town of Trophy Club Town Council;
SECTION 4.
ELIGIBILITY FOR CANDIDACY
As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible
for a public elective office of this state , unless that person is a United States citizen, has
not been determined mentally incompetent by a final judgment of a court, has not been
finally convicted of a felony from which the person has not been pardoned or otherwise
released from the resulting disabilities , and has resided continuously in the State of
Texas for twelve (12) months immediately preceding the date of the regular filing
deadline for the candidate 's application for a candidate whose name is to appear on the
general election ballot, or the date of the election at which the candidate 's name is
written in for a write in candidate. Additional requirements are set forth in the Town
Charter and are as follows:
A. Mayor or Council Member:
As set forth in Section 141 .001 of the Texas Election Code and Article Ill of the
Trophy Club Town Charter:
a. Each person who becomes a candidate for Mayor or Councilmember shall meet
the following qualifications :
(1) be at least eighteen (18) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the
election within the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per
election;
(6) no employee of the Town shall continue in such position after becoming a
candidate for a Town elective office; and,
ORD 2015-02 Page 3of11
February 10, 2015 Town Council Minutes Page 27 of 42Town Council Page 75 of 241 Meeting Date: March 10, 2015
(7) If any sitting Council member files to become a candidate for another public
office , he shall resign his current seat upon filing for the new office .
SECTION 5.
APPLICATION FOR A PLACE ON THE BALLOT
General Election. For the purpose of the May 9 , 2015 joint General Election and
pursuant to Section 143.007 of the Texas Election Code , any eligible and qualified
person may have that person's name printed upon the official ballot as a candidate for
the office hereinbefore set forth by filing the person's sworn application with the Town
Secretary not earlier than January 28 , 2015 and not later than 5:00 p.m. on February
27 , 2015 . Each such application shall be on a form as prescribed by the Texas Election
Code. The order in which the names of the candidates are to be printed on the ballot
shall be determined by a drawing by the Town Secretary as provided by Section 52.094
of the Texas Election Code . Notice of the time and place for such drawing shall be
given in accordance with Section 52.094(c) and (d) of the Texas Election Code .
SECTION 6.
RUNOFF ELECTION
If no candidate receives a majority of all votes cast for all of the candidates for his or her
office at such election as required to be lawfully elected, there shall be a runoff election
held . The runoff election shall be conducted as required by the Town Charter and the
Texas Election Code . Notwithstanding the foregoing , the runoff election date has
tentatively been set for June 13, 2015.
SECTION 7.
VOTING PRECINCTS
The voting precincts for the Election are designated by their respective county precinct
numbers. The proposed times and locations of early voting for Denton County and
Tarrant County are set forth in Exhibit "C", a copy of which is attached hereto and
incorporated herein . Exhibit "C" shall be amended to include the final schedule of
times and locations of early voting for both Town of Trophy Club Denton and Tarrant
County residents upon announcement by the Denton County Elections Administrator.
Notwithstanding the foregoing , the early voting times and locations set forth in Exhibit
"C" may be changed without further action of the Town Council if so directed by the
Elections Administrator for Denton County or the Elections Administrator for Tarrant
County.
In addition to the early voting polling locations within the Town , all Denton County
Trophy Club voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County .
Tarrant County Trophy Club voters may only vote at all early voting polling locations as
designated and maintained by Tarrant County throughout the County.
ORD 2015 -02 Page 4of11
February 10, 2015 Town Council Minutes Page 28 of 42Town Council Page 76 of 241 Meeting Date: March 10, 2015
The Denton and Tarrant County Elections Administrators are hereby authorized and
directed to make such changes in polling locations as may be necessary for the proper
conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on
Election Day.
SECTION 8.
ELECTIONS ADMINISTRATION
8. 1 Denton County. The Denton County Elections Administrator, Lannie Noble, is
hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to :
Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton , Texas 76208. The
Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint
the members of the Early Voting Ballot Board and the presiding judge and alternate
judge in accordance with the requirements of the Code. Early voting by personal
appearance shall be conducted at the times on the dates and at the locations
designated on Exhibit "A" hereto. The main early voting polling place is hereby
designated to be 701 Kimberly Drive, Suite A 101, Denton, Texas 76208. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Denton County
and/or Tarrant County Elections Administrator, without further action of the Town
Council, as is necessary for the proper conduct of the Election.
8.2 Tarrant County. The Tarrant County Elections Administrator, Frank Phillips, is
hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early
voting judges/clerks will be appointed as needed to process early voting mail and to
conduct early voting. Early voting by mail shall be conducted in conformance with the
requirements of the Code. Ballot applications and ballots voted by mail shall be sent to:
Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections
Administrator and/or the Early Voting Clerk are hereby authorized to appoint the
members of the Early Voting Ballot Board and the presiding judge and alternate judge in
accordance with the requirements of the Code. Early voting by personal appearance
shall be conducted at the times on the dates and at the locations designated on Exhibit
"C" hereto. The main early voting polling place is hereby designated to be Tarrant
County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting
shall be conducted by the Early Voting Clerk, at the main early voting polling location
listed above, and at the locations designated on Exhibit "C" hereto; such locations may
be changed or additional early voting locations may be added by the Elections
Administrator, without further action of the Town Council, as is necessary for the proper
conduct of the Election.
ORD 2015-02 Page 5of11
February 10, 2015 Town Council Minutes Page 29 of 42Town Council Page 77 of 241 Meeting Date: March 10, 2015
SECTION 9.
COMPENSATION
Compensation for election judges and alternate judges for their service in the Election
shall be determined by the Denton County Elections Administrator and the Tarrant
County Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall
be used for early voting by personal appearance, and in the May 9, 2015 election at
Denton County and Tarrant County Polling Sites . Paper ballots, which are optically
scanned, shall be used for early voting by mail. In the May 9 , 2015 election, the Denton
County and the Tarrant County Elections Administrator shall cause ballots to be
prepared in the form of the ballot first above prescribed, being in both English and
Spanish, and shall furnish election officials such ballots, in such form, together with any
other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the
Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any
amendments thereto, insofar as same are applicable.
SECTION 10.
EARLY VOTING
In addition to the early voting polling location located within the Town, Trophy Club
Denton County voters may vote at all early voting polling locations as designated and
maintained by Denton County throughout the County per the Joint Election Agreement
and Contract for Election Services with Denton County.
Trophy Club Tarrant County voters may only vote at the early voting polling location
designated and maintained by the Denton County Elections Administrator.
SECTION 11.
ELECTION MATERIALS
The election materials enumerated in the Code shall be printed in both English and
Spanish for use at the polling places and for early voting for the Election and provisions
shall be made for oral assistance to Spanish-speaking voters .
SECTION 12.
ELECTION RETURNS
The election officers shall make returns for the Election in the manner required by law,
and the ballots that are properly marked in conformance with the provisions of the Code
for votes cast both during the period of early voting and on the day of the Election shall
be counted in the manner required by law.
ORD 2015-02 Page 6 of 11
February 10, 2015 Town Council Minutes Page 30 of 42Town Council Page 78 of 241 Meeting Date: March 10, 2015
SECTION 13.
NOTICE OF ELECTION PUBLICATION
Notice of the Election shall be given by posting a notice containing a substantial copy of
this Ordinance in both English and Spanish at the Town Hall on the bulletin board used
for posting notices of the meetings of the Town Council and by publication of said notice
one time in a newspaper of general circulation published within the Town, the date of
the publication to be not less than fourteen (14) days nor more than thirty (30) days prior
to the date set for the Election .
SECTION 14.
CANVASS OF ELECTION
Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass
the election not earlier than May 12, 2015 and not later than May 20 , 2015. Notice of
the time and place for canvass shall be posted on the official bulletin board in the same
manner as required by the Open Meeting Act for other Town Council meetings in
accordance with the Chapter 551 of the Local Government Code .
SECTION 15.
VOTING RIGHTS ACT
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with
the provisions of the Code and the Federal Voting Rights Act in carrying out and
conducting the Election, whether or not expressly authorized herein.
SECTION 16.
SEVERABILITY
It is hereby declared to be the intent of the Town Council of the Town of Trophy Club
that the phrases , clauses , sentences , paragraphs , and sections of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph , or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction , such unconstitutionality shall not affect any of the remaining
phrases , clauses, sentences, paragraphs, or sections of this Ordinance, since the same
would have been enacted by the Town Council without incorporation of any such
unconstitutional phrase, clause , sentence, paragraph, or section .
SECTION 17.
ELECTION CONTRACTS
The Town Manager or the Town Manager's designee is authorized to amend or
supplement any and all contracts for the administration of the May 9, 2015 Election to
the extent required for the Election to be conducted in an efficient and legal manner as
ORD 2015-02 Page 7of11
February 10, 2015 Town Council Minutes Page 31 of 42Town Council Page 79 of 241 Meeting Date: March 10, 2015
determined by the Denton County and/or Tarrant County Elections Administrator. Upon
approval by the Town Council , a joint election agreement between the Town and the
Denton County Elections Department shall be incorporated herein by reference as
Exhibit "A". Upon approval by the Town Council , a joint election agreement between
the Town and the Tarrant County Elections Department shall be incorporated herein by
reference as Exhibit "B".
SECTION 18.
ENGROSSMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and
enroll this Ordinance as required by the Town Charter.
SECTION 19.
EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
ATTEST :
Holly Fimb es , Town Secretary
Town of ophy Club , Texas
ORD 2015-02
APPROVED AS TO FORM :
Page 8of11
February 10, 2015 Town Council Minutes Page 32 of 42Town Council Page 80 of 241 Meeting Date: March 10, 2015
EXHIBIT A
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB , TEXAS and DENTON COUNTY
Incorporated By Reference
ORD 2015-02 Page 9of11
February 10, 2015 Town Council Minutes Page 33 of 42Town Council Page 81 of 241 Meeting Date: March 10, 2015
EXHIBIT B
JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY
Incorporated By Reference
ORD 2015-02 Page 10of11
February 10, 2015 Town Council Minutes Page 34 of 42Town Council Page 82 of 241 Meeting Date: March 10, 2015
EXHIBITC
In addition to the early voting polling location located within the Town , Trophy Club Denton
County voters may vote at all early voting polling locations as designated and maintained by
Denton County throughout the County .
Trophy Club Tarrant County voters may only vote at the early voting polling locations as
designated and maintained by Tarrant County throughout the County .
The Order of Election will be amended at a later date to include early voting sites added due
to joint elections with other political subdivisions.
NOTICE FOR EARLY VOTING
Denton County
Early voting by personal appearance will be conducted at:
100 Municipal Drive on the following :
Monday , April 27 8 :00 a.m . -5:00 p .m .
Tuesday , April 28 8 :00 a.m . -5:00 p .m.
Wednesday , April 29 8 :00 a.m . -5:00 p .m .
Thursday , April 30 8 :00 a.m . -5 :00 p .m .
Friday , May 1 8 :00 a.m. -5:00 p .m .
Saturday , May 2 8 :00 a.m . -5:00 p .m .
Monday , May 4 7 :00 a.m . -7:00 p .m .
Tuesday , May 5 7 :00 a.m . -7:00 p .m .
Tarrant County
Early voting by personal appearance will be conducted at:
Locations designated by Tarrant County :
Monday , April 27 8:00 a .m . -5:00 p.m .
Tuesday , April 28 8:00 a .m . -5:00 p.m .
Wednesday , April 29 8 :00 a.m . -5 :00 p .m .
Thursday , April 30 8:00 a.m . -5 :00 p .m.
Friday , May 1 8 :00 a .m . -5 :00 p .m .
Saturday , May 2 7 :00 a .m . -7 :00 p.m .
Sunday , May 3 11 :00 a.m . -4:00 p .m .
Monday , May 4 7:00 a.m . -7 :00 p .m .
Tuesday , May 5 7 :00 a.m . -7:00 p.m .
ORD 2015-02 Page 11 of 11
February 10, 2015 Town Council Minutes Page 35 of 42Town Council Page 83 of 241 Meeting Date: March 10, 2015
ATTACHMENT G
Ordinance No. 2015-03
February 10, 2015 Town Council Minutes Page 36 of 42Town Council Page 84 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE 2015-03
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ARTICLE XVI ENTITLED "CITIZENS FINANCIAL
ADVISORY BOARD" OF CHAPTER 1 ENTITLED "ADMINISTRATION"
OF THE CODE OF ORDINANCES OF THE TOWN BY REPEALING
SUBSECTION 16.02(C) ENTITLED "BOARD ESTABLISHED/NUMBER
OF MEMBERS/TERMS ESTABLISHED AND QUALIFICATIONS" AND
ADOPTING A NEW SUBSECTION 16.02(C) ENTITLED "BOARD
ESTABLISHED/NUMBER OF MEMBERS/TERMS ESTABLISHED AND
QUALIFICATIONS" IN ORDER TO PROVIDE FOR TWO (2) YEAR
STAGGERED TERMS OF OFFICE AND BY AMENDING THE
INTRODUCTORY PARAGRAPH OF SUBSECTION 16.02(E) ENTITLED
"OFFICERS" TO PROVIDE FOR COUNCIL APPOINTMENT OF THE
CHAIRPERSON OF THE BOARD; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under
its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the Town of Trophy Club, Texas, benefits by having its citizens
involved in local government through service on Boards and Commissions; and
WHEREAS, in 2011, the Town Council adopted an Ordinance adding Article XVI,
entitled "Citizens Financial Advisory Board" to Chapter 1, entitled "Administration" of the
Code of Ordinances of the Town in order to establish a Citizens Financial Advisory
Board ("CFAB"); and
WHEREAS, Article XVI, Subsection 16 .02 (C) provides that members of CFAB
would have staggered terms of office and after implementation would serve for three (3)
years each, and Subsection 16.02(E) provides that the members of the CFAB would
elect their Chairperson, Vice Chairperson and Secretary; and
WHEREAS, since adoption of Article XVI, Subsection 16.02 (C) the Town
Council has determined it appropriate to adopt standard two (2) year terms of office for
all Boards, Commissions and Corporations, as allowed by law, and to adopt a policy of
Town Council appointment of the Chairperson for all Town Boards, Commissions and
Corporations; and
ORD 2015-03 February 10, 2015 Town Council Minutes Page 37 of 42Town Council Page 85 of 241 Meeting Date: March 10, 2015
WHEREAS, in order to accomplish that objective, the Town Council hereby finds
it necessary and appropriate to adopt this Ordinance amending Article XVI of Chapter 1
of the Code of Ordinances of the Town by repealing Subsection 16.02(C) entitled
"Staggered Terms" and adopting a new Subsection 16.02(C) entitled "Staggered Terms "
to provide for two (2) year staggered terms of office for members of CFAB and by
amending the introductory paragraph of Subsection 16 .02(E) entitled "Officers " in order
to prov ide for Council appointment of a Chairperson for CFAB ; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises having been found by the Town Council to be
true and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
2.01 Subsection "C", entitled "Staggered Terms " of Section 16 .02 , entitled "Board
Established/Number of Members/Terms Established and Qualifications " of Article XVI
entitled "Citizens Financial Advisory Board " of Chapter 1 entitled "Administration " of the
Code of Ordinances of the Town of Trophy Club is hereby repealed and a new
Subsect ion 16.02(C) entitled "Staggered Terms " is hereby adopted and shall be and
shall read in its entirety as follows , with all other terms and provisions of Section 16 .02
remaining unaltered and in full force and effect:
Section 16.02 Board Established/Number of Members/Terms
Established and Qualifications
"C. Staggered Terms. Members shall be appointed for two (2) year terms
which appointments shall be staggered."
2.01 The introductory paragraph of Subsection "E", entitled "Officers" of Section 16 .02 ,
entitled "Board Established/Number of Members/Terms Established and Qualifications "
of Article XVI entitled "Citizens Financial Advisory Board " of Chapter 1 entitled
"Adm inistration " of the Code of Ordinances of the Town of Trophy Club is hereby
amended such that the introductory paragraph shall be and read in its entirety as
follows , with all other terms and provisions of Section 16.02(E) remaining unaltered and
in full force and effect:
ORD 20 15-03 2 February 10, 2015 Town Council Minutes Page 38 of 42Town Council Page 86 of 241 Meeting Date: March 10, 2015
Section 16.02 Board Established/Number of Members/Terms
Established and Qualifications
"E. Officers. The Town Council shall appoint a member of the Board to
serve as the Chairperson. The Board shall annually elect a Vice-
Chairperson and a Secretary , each of which shall perform the duties as
set forth below :"
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances of the Town affecting
the boards , commissions and corporations , finance , and the Citizens Financial Advisory
Board 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 Ord inance; 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.
SECTION 4.
SEVERABILITY
If any section , article, paragraph , sentence, clause, phrase or word in this
Ordinance , or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction , such holding shall not affect the
validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining of the Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter and by filing this
Ordinance in the Ordinance records of the Town .
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law , and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas , this 101h day of February 2015.
ORD 2015-03 3 February 10, 2015 Town Council Minutes Page 39 of 42Town Council Page 87 of 241 Meeting Date: March 10, 2015
ATTEST:
APPROVED TO AS FORM :
Town Attome;,atriCia Adams
Town of Trophy Club, Texas
ORD 2015-03
Town of Trophy Club, Texas
[SEAL]
4 February 10, 2015 Town Council Minutes Page 40 of 42Town Council Page 88 of 241 Meeting Date: March 10, 2015
ATTACHMENT H
Staff Report
February 10, 2015 Town Council Minutes Page 41 of 42Town Council Page 89 of 241 Meeting Date: March 10, 2015
Page 1 of 1
To: Mayor and Town Council
From: John Zagurski, Budget Analyst
CC: Stephen Seidel, Acting Town Manager
Holly Fimbres, Town Secretary
Re: Town Council Meeting, Tuesday, February 10, 2015
Agenda Item:
Consider and take appropriate regarding projects to be completed by the Citizens Financial
Advisory Board (CFAB) and associated priorities.
Explanation:
The Town Council of Trophy Club Citizens Financial Advisory Board (CFAB) has finished evaluating the
RFP for Parks services and has now completed all of the Town Council assigned tasks. The Citizens
Financial Advisory Board is requesting direction on projects. A list of projects was created that CFAB
could offer assistance:
1. Vehicle Replacement Policy – Review the existing replacement scheduling, and assisting staff to
develop a point system metric, or similar method, to determine vehicle and capital equipment
replacement.
2. Liquidation Policy – The Town would like to explore options to dispose of Town property other
than auction or trash. There are occasions when these methods render lower values than other
alternatives. The policy needs to analyze updated so that Towns has the flexibility to get the
most for its assets when it comes time to dispose of them.
3. Preparation of the Popular Annual Financial Report (PAFR) – The Town of Trophy Club has never
prepared a PAFR. The PAFR was created by the Government Finance Officers Association (GFOA)
to encourage and assist local governments to extract information from their Comprehensive
Annual Financial Report (CAFR) to produce high quality annual financial reports specifically
designed to be readily accessible and easily understandable to the general public and other
interested parties without a background in public finance. This report can be submitted to GFOA
for recognition.
4. Continue review of the Trophy Club Park financial position
Recommendation:
The staff recommends that the Council direct CFAB to assist staff with review of these priorities.
February 10, 2015 Town Council Minutes Page 42 of 42Town Council Page 90 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0183-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Receive Annual Racial Profiling Report; discussion of same.
Attachments:PD Memo - Racial Profiling.pdf
Annual Racial Profiling.pdf
Action ByDate Action ResultVer.
Receive Annual Racial Profiling Report; discussion of same.
Town Council Page 91 of 241 Meeting Date: March 10, 2015
Memo
To: Mayor and Town Council
From: Chief Patrick Arata
Date: March 2, 2015
Re: Town Council Meeting, March 10, 2015
Agenda Item:
Receive Racial Profiling Report.
Explanation of Same:
This report is the Tier 1 State Racial Profiling Report (Partial Exemption) required for submission to
TCOLE no later than March 2, 2015. Law enforcement agencies that routinely perform traffic stops
or motor vehicle stops, and who have their vehicles, that routinely perform these stops, equipped
with video and audio equipment, may report under CCP 2.135 – Tier 1 Reporting/Partial
Exemption.
Attachment:
Attached is the Tier 1 State Report for 01/01/2014 through 12/31/2014.
/pa
Trophy Club Police Department
100 Municipal Drive Trophy Club, Texas 76262
Office: 682-831-4650 Fax: 817-491-9886 Web Site: www.trophyclub.org
Town Council Page 92 of 241 Meeting Date: March 10, 2015
User: JGRUNT TROPHY CLUB POLICE DEPARTMENT
Tier 1 State Report
Date Range: 01/01/2014 00 :00 :00 -12/31/2014 23:59 :59
PARTIAL EXEMPTION RACIAL PROFILING REPORTING (TIER 1)
INSTRUCTIONS: Please fill out all boxes. If zero, use 0.
I. Total on line 4, 11 , 14 and 17 must be equal
2. Total on line 20 must equal line 15
AGENCY NAME: TROPHY CLUB POLICE DEPARTMENT
Number of motor vehicle stops (mark only 1 category per vehicle s top):
l. 733 C it ation Onl y
2 . 30 Arrest O nl y
3. 8 Both
4. 771 (Total of 1-3)
Race or Ethnicity (mark only 1 category per vehicle stop):
5. 45 A fri can
6. 3 3 Asia n
7. 581 C aucas ia n
8 . 10 8 Hi s p ani c
9. 4 Middl e Easte rn
LO. 0 N ati ve Am eri can
11. 771 (Total of 5-10, must be the s ame a s #4)
Race or Ethnicity known prior to stop?
12 .
13 .
14.
35 Y es ------
736 N o ------
__ 7_7_1 ___ (Total of 12-13, must be the same as #4 and #11)
Search Conducted?
I 5.
16.
17.
57 Y es ------
__ 7_1_4 ___ N o
__ 7_7_1 ___ (Total of 15-16, must b e th e same as #4, #11 , and #14 above)
Was search con sented?
18.
19.
20 .
17 Y es ------
40 N o ------
__ s_7 ___ (Total, must equal #15)
01/05/2015
Town Council Page 93 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0171-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding a Resolution providing the written consent of the
Town of Trophy Club to the inclusion of an approximate 6.3702 acre tract of land, which is part of a
7.0441 acre tract of land situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy
Club, Denton County, Texas, conveyed by deed to the Corporation of the Presiding Bishop of the
Church of Jesus Christ of Latter Day Saints, as recorded in County Clerk’s File No. 2010-6544,
Denton County Real Property Records, to be annexed into and thereafter included within the
boundaries of Trophy Club Municipal Utility District No. 1; and providing an effective date.
Attachments:RES 2015-08 Consent to Annexation LDS.pdf
LDS Letter.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution providing the written consent of the Town of Trophy Club to
the inclusion of an approximate 6.3702 acre tract of land, which is part of a 7.0441 acre tract of land situated in the
Joseph Henry Survey, Abstract No. 529, Town of Trophy Club, Denton County, Texas, conveyed by deed to the
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, as recorded in County Clerk’s File
No. 2010-6544, Denton County Real Property Records, to be annexed into and thereafter included within the boundaries
of Trophy Club Municipal Utility District No. 1; and providing an effective date.
Town Council Page 94 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-08
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS PROVIDING
THE WRITTEN CONSENT OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB TO THE INCLUSION OF AN APPROXIMATE 6.3702 ACRE
TRACT OF LAND WHICH IS PART OF A 7.0441 ACRE TRACT OF LAND
SITUATED IN THE JOSEPH HENRY SURVEY, ABSTRACT NO. 529, TOWN
OF TROPHY CLUB, DENTON COUNTY, TEXAS, AND BEING ALL OF THAT
CERTAIN 6.3702 ACRE TRACT OF LAND, CONVEYED BY DEED TO AND
OWNED BY THE CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH
CORPORATION RECORDED IN COUNTY CLERK’S FILE NO. 2010-6544,
REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS , LOCATED
WITHIN THE CORPORATE LIMITS OF THE TOWN OF TROPHY CLUB,
TEXAS AND BEING MORE FULLY DESCRIBED IN EXHIBIT “A” HERETO
(“THE PROPERTY”) TO BE ANNEXED INTO AND THEREAFTER INCLUDED
WITHIN THE BOUNDARIES OF TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 54 of the Texas Water Code, at the request of the
Corporation of the presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah
corporation sole, the owners, (hereinafter the “Landowners”) of an approximate 6.3702 acre
tract of land which is part of a 7.0441 acre tract of land situated in the Joseph Henry Survey,
Abstract Number 529, in Denton County, Texas, and located within the corporate limits of the
Town of Trophy Club, Texas as more particularly described in the plat attached hereto as
Exhibit “A”, (hereinafter the “Property’) a copy of which is attached hereto and incorporated
herein, have filed a petition to the Town of Trophy Club seeking the written consent of the Town
Council to the annexation of the Property into the boundaries of Trophy Club Municipal Utility
District No. 1 (hereinafter “MUD1”), a copy of the Landowner’s petition is attached hereto and
incorporated herein as Exhibit “B”; and
WHEREAS, the Landowners purchased the 7.0441 acre tract of land as described on
the Owner’s Certificate on Exhibit “A”, and conveyed by dedication a 0.6739 portion of the land
to the Town of Trophy Club for use as a trail amenity as depicted on Exhibit “A”, leaving the
Landowners’ with the Property consisting of 6.3702 acres of land; and
WHEREAS, because the Property is located within the Town’s corporate limits, Section
54.016 of the Texas Water Code requires that MUD1 obtain the written consent of the Town
prior to the annexation of the Property into MUD1; and
WHEREAS, there is no work to be done by the District relative to water and wastewater
infrastructure; however, the District will provide needed firefighting services to the Property; and
WHEREAS, the cost of the proposed development of the Property is estimated at
approximately $4.5 million; and
WHEREAS, the Town Council of the Town of Trophy Club determines it appropriate to
adopt this Resolution authorizing consent to the inclusion of the Property into MUD1.
RES 2015-08 1Town Council Page 95 of 241 Meeting Date: March 10, 2015
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the matters set forth in the preamble hereof are true and correct are
hereby adopted.
Section 2. That the Town Council of the Town of Trophy Club hereby finds that
Landowner has complied with all legal requirements to request consent to annexation of the
Property and hereby specifically gives its written consent, as required by Section 54.016 of the
Texas Water Code, to the inclusion of the Property identified in Exhibit “A”, within MUD1 as
requested in the Landowner’s Petition, Exhibit “B”.
Section 3. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the
10th day of March, 2015.
____________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: APPROVED AS TO FORM:
____________________________________ ____________________________________
Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
RES 2015-08 2Town Council Page 96 of 241 Meeting Date: March 10, 2015
EXHIBIT “A”
PLAT WITH LEGAL DESCRIPTION
6.3702 ACRE TRACT
RES 2015-08 3Town Council Page 97 of 241 Meeting Date: March 10, 2015
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RES 2015-08
5
Town Council
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EXHIBIT “B”
PETITION TO ANNEX CERTAIN LAND INTO TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
RES 2015-08 6Town Council Page 100 of 241 Meeting Date: March 10, 2015
PETITION T O ANNEX CE RTAIN LAND INT O
TROPHY CLUB MUNICIPAL UTILITY DI STRICT N O. 1
STATE OF TEXAS §
§
COUNTY OF DENTON §
TO THE HON ORABLE MAY OR AND T OWN COUNCIL OF THE T OWN OF
TRO PHY CLUB , TEXAS :
The undersigned ("Petitioner") is the owner of title to land more particularly described
in the attached Exhibit 1 (the "Property") which is located within Denton County , Texas . Acting
pursuant to provisions of Chapter 54 , Te x as Water Code, the undersigned respectfully petitions
the Town Council of the Town of Trophy Club , Texas for its written consent for the annexation
of the Property into the Trophy Club Municipal District No . 1 (the "District") and would
respectfully show the following:
I.
The Property proposed to be included within the Trophy Club Municipal Utility District ·
No . 1 contains approximately 6.3702 acres of land, more or less , situated in Denton County ,
Texas . The Property lies wholly within the incorporated limits of the Town of Trophy Club.
IL
Petitioner is the sole owner of the Property.
III .
The Property currentl y receives water and wastewater service from the District through
consent of the Town Council. At the present time , the property does not receive fire services from
the District and annexation would allow the District to provide this service.
IV .
For the following reasons , there is a necessity for the above-described work: the area
proposed to be within the Di strict is urban in nature , is within the Fort Worth/Dallas
Metropo litan Complex . There is not presently available within the area fire fighting services. The
health and welfare of the present and future users of the area and of territory adjacent thereto
require fire services. A public necessity therefore exists for the anne x ation of the prop ert y into
the District in order to provide for fire services to protect the public health and welfare of the
community.
RES 2015-08 7Town Council Page 101 of 241 Meeting Date: March 10, 2015
,_
THEREFORE , the Petitioner respectfully requests consent to the annexation of the
Property into the District.
Ttt c
RESPECTFULL y SUBMITTED this K day of r~ij A. V"1 A.Y
I
STATE OF TEJL'tS VTA'ri §
§
COUNTY OF D~NTON §
6Jtc..r MKE"
Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter-day Saints, a Utah corporation sole.
AUTHORIZED AGEN T
'20 1$
Before me , the undersigned authority , on this day personally appeared '1iAAy F. ~\I.ti) jf*
of ~ , known to me to be the person and officer wf10se name is J
subscribed to the foregoing instrument and acknowledge d to me that he/she executed the same for
the purposes and consideration therein expressed, as the act and deed of said ---1-&_.._ ___ _
and in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ( l'.\_ day of tfi8
20 '-~
~-D. TODD EVANS --!{(! ~ NOTARY PUBLIC· STATE OF UTAH
Seal ~~ ·l My Comm. Exp. 09/06/2016
·. · Commission # 65 77 51
Corporation of the Presiding Bishop of the Church of * Jesus Christ of Latter-day Saints, a Utah corpor ati on sole.
~ *-AUTHORIZE D AGEN T
Notary , State o f ~ (}~}-/..
RES 2015-08 8Town Council Page 102 of 241 Meeting Date: March 10, 2015
SPECIAL PROJECTS DEPARTMENT
Real Estate Services Division
50 East North Temple Street
Salt Lake City, Utah 84150-0012
Phone: 1-801-240-3840
Facsimile: 1-801-240-3907
Direct Phone: 1-8 01 -240-4311
evansdt@ldschurch .org
February 19, 2015
THE CHURCH OF
JESUS CHRIST
OF LATTER-DAY SAINTS
Trophy Club Municipal Utility District No. I
Attn: Jennifer McKnight
100 Municipal Drive
Trophy Club, TX 76262
Ref: Petition
Dear Jennifer:
500-0984
Enclosed, please find both the original Petitions to Annex Certain Land into Trophy Club
Municipal Utility District No. 1 for the Honorable Mayor and Town Council and the other for
the Board of Directors. I believe this concludes this matter. Please call if you have any questions.
~
D. Todd Evans
Closing Officer
DTE:jr
Enclosure
Town Council Page 103 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0174-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding a Proclamation proclaiming March 15-21, 2015 as
Poison Prevention Week in Trophy Club.
Attachments:PRO 2015-04 Poison Prevention Week.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Proclamation proclaiming March 15-21, 2015 as Poison Prevention
Week in Trophy Club.
Town Council Page 104 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-04
53nd Annual Observation of Poison Prevention Week - March 15-21, 2015
WHEREAS, our society has become increasingly dependent on household
chemicals to perform labor-saving, time-saving miracles; and on medicine to
provide health-giving, life- sustaining benefits;
WHEREAS, these products, when not used as intended or directed, may be
hazardous, particularly if children gain access to them;
WHEREAS, over the past 53 years, the nation has been observing Poison
Prevention Week to call attention to these hazards and how proper handling and
disposal of these substances and proper use of safety packaging can help eliminate
them;
WHEREAS, the efforts of our community organizations, complemented by the
efforts of the North Texas Poison Center have reduced childhood poisonings in,
Trophy Club Texas.
WHEREAS, the North Texas Poison Center, a regional poison center,
located at Parkland Health & Hospital System, provides the ultimate in human
service programming, immediate, accessible emergency information to save lives of
victims of poison-related emergencies, and;
WHEREAS, these programs must continue as long as even one child
swallows a household product or medicine by mistake.
NOW THEREFORE, I, Nick Sanders , Mayor of the Town of Trophy Club, do
hereby proclaim the week of March 15-21, 2015, as Poison Prevention Week in this
town. Further, I direct the appropriate agencies in our local government to
continue their cooperation with concerned citizens and community organizations,
including our schools, to develop programs which will alert our people to the
continued danger of misusing medicines and household products and to promote
effective safeguards against accidental poisonings among young children.
PROCLAIMED THIS THE 10TH DAY OF MARCH 2015.
_________________________________ ________________________________
C. Nick Sanders, Mayor Holly Fimbres, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 105 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0175-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding a Proclamation proclaiming April 7, 2015 as Mayors
Day of Recognition for National Service.
Attachments:PRO 2015-05 Mayors Day of Recognition for National Service.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Proclamation proclaiming April 7, 2015 as Mayors Day of Recognition
for National Service.
Town Council Page 106 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-05
2ND ANNUAL MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE
ON APRIL 7, 2015
WHEREAS, service to others is a hallmark of the American character, and central to how we
meet our challenges; and
WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism
as a cost-effective strategy to meet city needs; and
WHEREAS, AmeriCorps and Senor Corps participants address the most pressing challenges
facing our cities and counties, from educating students for the jobs of the 21st century and
supporting veterans and military families to providing health services and helping communities
recover from natural disasters; and
WHEREAS, national service expands economic opportunity by creating more sustainable,
resilient communities and providing education, career skills, and leadership abilities for those who
serve; and
WHEREAS, AmeriCorps and Senior Corps participants serve in more than 60,000 locations
across the country, bolstering the civic, neighborhood, and faith-based organizations that are so
vital to our economic and social well-being; and
WHEREAS, national service participants increase the impact of the organizations they serve
with, both through their direct service and by recruiting and managing millions of additional
volunteers; and
WHEREAS, national service represents a unique public-private partnership that invests in
community solutions and leverages non-federal resources to strengthen community impact and
increase the return on taxpayer dollars; and
WHEREAS, national service participants demonstrate commitment, dedication, and patriotism
by making an intensive commitment to service, a commitment that remains with them in their future
endeavors; and
WHEREAS, the Corporation for National and Community Service shares a priority with mayors
nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the
National League of Cities, City of Service, and mayors across the country to recognize the impact
of service on the Mayors Day of Recognition for National Service on April 7, 2015.
NOW THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy Club, do hereby proclaim
April 7, 2015, as National Service Recognition Day, and encourage residents to recognize the
positive impact of national service in our town; to thank those who serve; and to find ways to give
back to their communities.
_________________________________ ________________________________
C. Nick Sanders, Mayor Holly Fimbres, Town Secretary
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 107 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0172-T Name:
Status:Type:Agenda Item Consent Agenda
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of
Trophy Club, Texas expressing opposition to State legislation enacting a cap on property tax
revenues collected by local governments due to the negative impact that would result from loss of
local government authority to manage fiscal matters to meet the needs of its residents; and providing
an effective date.
Attachments:Staff Report Revenue Cap Resolution.pdf
RES 2015-07 Revenue Cap.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas
expressing opposition to State legislation enacting a cap on property tax revenues collected by local governments due to
the negative impact that would result from loss of local government authority to manage fiscal matters to meet the needs
of its residents; and providing an effective date.
Town Council Page 108 of 241 Meeting Date: March 10, 2015
Page 1 of 1
To: Mayor and Town Council
From: John Zagurski, Budget Analyst
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Revenue Cap Resolution
Agenda Item:
Consider and take appropriate action regarding a Resolution of the Town Council of the Town
of Trophy Club, Texas expressing opposition to State legislation enacting a cap on property tax
revenues collected by local governments due to the negative impact that would result from loss
of local government authority to manage fiscal matters to meet the needs of its residents; and
providing an effective date.
Explanation:
The Texas Legislature is considering a cap (called the “rollback rate”) that triggers an automatic
referendum at 4% of the previous year’s property tax revenue. Currently the Texas Constitution
allows for an 8% roll back rate, which voters can petition for an election. This legislation
depletes local fiduciary controls local government leaders and citizens have on their tax dollars.
Local government is the closet form of government to the people and therefore should have a
wider breath of control on local tax revenues and expenditures.
The justification for such legislation is that it will provide property tax relief to Texas property
owners. The bill actually decreases a municipality’s ability to pay for infrastructure, capital
projects, programs, and services. The current system in place controls local spending without
striping citizens of their ability to influence how their local tax dollars are spent.
Recommendation:
Staff recommends the Council approve the resolution.
Town Council Page 109 of 241 Meeting Date: March 10, 2015
RES 2015-07 1
TOWN OF TROPHY CLUB
RESOLUTION NO. 2015-07
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, EXPRESSING OPPOSITION TO STATE LEGISLATION ENACTING A
CAP ON PROPERTY TAX REVENUES COLLECTED BY LOCAL
GOVERNMENTS DUE TO THE NEGATIVE IMPACT THAT WOULD RESULT
FROM THE LOSS OF LOCAL CONTROL OVER MANAGEMENT OF FISCAL
MATTERS AND THE LOSS OF LOCAL GOVERNMENT AUTHORITY TO
ADDRESS THE NEEDS OF ITS RESIDENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, bills have been introduced to cap the amount of property tax revenue
cities can collect each year in a misguided effort to reduce the property tax burden on
homeowners and businesses; and
WHEREAS, currently, if a Texas city increases property tax collections by more than
eight percent over the previous year, voters can petition for an election to rollback the
increase; and
WHEREAS, the existing eight percent “rollback rate” represents a n effective
functioning model of limiting unchecked spending at the local level without impeding a
municipality’s fundamental need to collect revenue to fund vital services; and
WHEREAS, bills have been introduced to replace that eight percent “rollback rate”
with a hard cap of four percent and require mandatory elections on an increase over four
percent – all with the false claim that this would provide property tax relief; and
WHEREAS, according to the state comptroller’s latest survey of property tax rates in
1,002 cities in Texas, 67 percent of cities raised their property taxes by less than four
percent from 2012 to 2013 and 37 percent of cities actually reduced their property taxes;
and
WHEREAS, that means property owners in at least 669 Texas cities would have
seen no reduction in their city property taxes if the four percent cap had been in effect; and
WHEREAS, while the savings to individual taxpayers in Trophy Club for FY 2014-15
would only represent $1.43 per month, it would cost the Town of Trophy Club $56
thousand for the past fiscal year and if a four percent cap were in place it would result in a
reduction in Town’s ability to provide exemplary services to its citizens; and
WHEREAS, if this calculation were computed for the previous ten years, the
cumulative impact would have been a loss of $198 thousand to the Town of Trophy Club;
and
Town Council Page 110 of 241 Meeting Date: March 10, 2015
RES 2015-07 2
WHEREAS, this legislation will force local governments to defer critical maintenance
expenses for infrastructure assets such as facilities and streets, which will result in a more
rapid decline of city infrastructure and ultimately cause increase cost of replacement; and
WHEREAS, property taxes will not be reduced through revenue caps; instead, costs,
and the property taxes that pay for them, will be shifted to support additional debt that will
have to be issued to rebuild this infrastructure. Shifting taxes to pay debt is not a tax cut
and will cost taxpayers more in the future since communities will now be required to pay the
interest on these costs, as well; and
WHEREAS, revenue caps will impair the use of local economic incentives driving
away the job growth and businesses that have helped to make Texas the economic
development leader in the nation; and
WHEREAS, cities collect just 16 percent of the property taxes levied in Texas, and
most of the property taxes paid by Texans (55 percent) go to school districts; and
WHEREAS, according to the comptroller’s report, the total amount of property taxes
collected by cities rose by 3.61 percent between 2012 and 2013, while school district tax
collections rose by more than twice that rate or 7.72 percent; and
WHEREAS, local governments are the closest to the people they represent and the
state usurping that authority decreases taxpayers input on how their money is spent in their
community; and
WHEREAS, local governments are elected by the people to govern and exercise
local control, and home rule municipalities are authorized by the Texas Constitution to
regulate fiscal matters; and
WHEREAS, local government officials are held accountable by their constituents
through the election process, and the authority of the local government should not be
eroded by State regulations that disregard the individual fiscal needs of the local
community.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS:
1. That all of the above recitals are true and correct;
2. That the Town Council of the Town of Trophy Club, Texas, is OPPOSED to the
legislative imposition of a revenue cap and legislative interference with local
services and local government control; and
3. That imposing a revenue cap on cities: (a) does not provide meaningful tax relief; (b)
robs municipalities of the ability to meet local needs; (c) supersedes the level of
Town Council Page 111 of 241 Meeting Date: March 10, 2015
RES 2015-07 3
government that is closest to the people; and (d) usurps local authority granted by
the Texas Constitution and state law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on
this 10th day of March, 2015.
___________________________ ______________________________
C. Nick Sanders, Mayor Greg Lamont, Mayor Pro Tem
___________________________ _______________________________
Jim Parrow, Council Member Garrett Reed, Council Member
___________________________ _______________________________
Rhylan Rowe, Council Member Tim Kurtz, Council Member
___________________________
Philip Shoffner, Council Member
ATTEST: APPROVED AS TO FORM:
______________________ ______________________________
Holly Fimbres, Town Secretary Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Page 112 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0177-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance No.
2015-02 ordering and calling a Joint General Election for the Town of Trophy Club to be held on May
9, 2015 for the purpose of electing one (1) Council member for Place #3 and (1) Council member for
Place #4, each for a three (3) year term; declaring candidates for Place #3 and Place #4 unopposed;
canceling the May 9, 2015 election; providing for the issuance of certificates of election following the
date for canvassing of the election; and providing an effective date.
Attachments:ORD 2015-05 Canceling Election for Two Unopposed Council Members.pdf
Certification of Unopposed Candidates Signed.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding an Ordinance of the Town repealing Ordinance No. 2015-02 ordering and
calling a Joint General Election for the Town of Trophy Club to be held on May 9, 2015 for the purpose of electing one (1)
Council member for Place #3 and (1) Council member for Place #4, each for a three (3) year term; declaring candidates
for Place #3 and Place #4 unopposed; canceling the May 9, 2015 election; providing for the issuance of certificates of
election following the date for canvassing of the election; and providing an effective date.
Town Council Page 113 of 241 Meeting Date: March 10, 2015
ORD 2015-05 1
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2015-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2015-02 ORDERING AND
CALLING A JOINT GENERAL ELECTION FOR THE TOWN OF
TROPHY CLUB (“TOWN”) TO BE HELD ON MAY 9, 2015 FOR
THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER
FOR PLACE #3 AND ONE COUNCIL MEMBER FOR PLACE #4
TO THE TOWN COUNCIL EACH FOR A TERM OF THREE (3)
YEARS; DECLARING UNOPPOSED CANDIDATES IN THE MAY
9, 2015 JOINT GENERAL ELECTION ELECTED TO OFFICE;
CANCELING THE ELECTION; PROVIDING FOR ISSUANCE OF
CERTIFICATE OF ELECTION DECLARING EACH UNOPPOSED
CANDIDATE ELECTED TO OFFICE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on February 10, 2015, the Town Council of the Town of
Trophy Club, Texas (the “Town”) passed and approved Ordinance No. 20 15-02,
which Ordinance ordered a Joint General Election of the Town of Trophy Club,
Texas, for the purpose of electing one (1) Council member for Place #3 and one
(1) Council member for Place #4 for a three (3) year term each; and
WHEREAS, the Town Secretary has certified in writing that no person has
made a declaration of write-in candidacy for either of the two (2) Council Member
seats, and that each of the two (2) Council Members on the ballot is unopposed
for election to office; and
WHEREAS, the filing deadlines for placement on the ballot and
declaration of write-in candidacy have passed; and
WHEREAS, no proposition is to appear on the ballot in that election in
relations to the two (2) Council Members; and
WHEREAS, in these circumstances Subchapter C, Chapter 2 of the
Election Code authorizes the Town Council to declare the candidates elected to
office and cancel the election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS, THAT:
Town Council Page 114 of 241 Meeting Date: March 10, 2015
ORD 2015-05 2
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
ISSUANCE OF ELECTION CERTIFICATE
The following candidates, who are unopposed in the May 9, 2015, Joint
General Election, are declared elected to office, and shall be issued certificates
of election following the time the election would have been canvassed:
Council Member Place #3 Rhylan Rowe
Council Member Place #4 Tim Kurtz
SECTION 3.
POSTING
The May 9, 2015, Joint General Election is canceled, and the Town
Secretary is directed to cause a copy of this ordinance to be posted on election
day at each polling place used or that would have been used in the election.
SECTION 4.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall
not repeal any of the provisions of such Ordinances except for those instances
where there are direct conflicts with the provisions of this Ordinance.
Ordinances or parts thereof in force at the time this Ordinance shall take effect
and that are inconsistent with this Ordinance are hereby repealed to the extent
that they are inconsistent with this Ordinance. Provided however, that any
complaint, action, claim or lawsuit which has been initiated or has arisen under
or pursuant to such Ordinance on the date of adoption of this Ordinance shall
continue to be governed by the provisions of that Ordinance and for that purpose
the Ordinance shall remain in full force and effect.
SECTION 5.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of this Ordinance, and the Town Council
hereby declares it would have passed such remaining portions of this Ordinance
Town Council Page 115 of 241 Meeting Date: March 10, 2015
ORD 2015-05 3
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 6.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance in the Ordinance records of the Town and to
properly record this Ordinance in accordance with the Town Charter.
SECTION 7.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of
passage, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas this 10th day of March 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Town Council Page 116 of 241 Meeting Date: March 10, 2015
AWJ2-l
Prescribed by Secretary of State
Section 2.051 -2.053, Texas Election Code
2/14
CERTIFICATION OF UNOPPOSED CANDIDATES FOR
OTHER POLITICAL SUBDIVISIONS (NOT COUNTY)
CERTIFICACION DE CANDIDATOS UN/COS
PARA OTRAS SUBDIVISIONES POL/TICAS (NO EL CONDADO)
To: Presiding Officer of Governing Body
Al: Presidente de la entidad gobernante
As the authority responsible for having the official ballot prepared, I hereby certify that
the following candidates are unopposed for election to office for the election scheduled to be
held on May 9 2015
Como autoridad a cargo de la preparacion de la ho/eta de votacion oficial, por la presente
certifico que Los siguientes candidatos son candidatos unicos para eleccion para un cargo en
la eleccion que se llevara a cabo el 09 de mayo 2015
List offices and names of candidates:
Lista de cargos y nombres de Los candidatos:
Office(s) Cargo(s)
Council Member Place #3
Miembro Del Concilio El Lugar #3
Council Member Place #4
Miembro Del Concilio El Lugar #4
Holly Fimbres
Printed name (Nombre en tetra de mo/de)
Town Secretary I Secretaria del Poblado
Title (Puesto)
March 3, 2015 I 03 de marzo 2015
Date of signing (Fecha de firma)
Candidate(s) Candidato(s)
Rhylan Rowe
Tim Kurtz
(Seal) (sello)
See reverse side for instructions
(Instrucciones en el reverso)
Town Council Page 117 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0114-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:2/2/2015 Town Council
On agenda:Final action:2/24/2015
Title:Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park
Services for the Town as recommended by CFAB and authorizing publication of notice of bid,
including discussion and action regarding the inclusion/exclusion of properties within the Bid and
issues related to ownership of properties.
Attachments:Staff Report - Bid for Park Services.pdf
Competitive Bid for Park Services draft.pdf
List of Properties Contained in RFP with Issues Relating to Ownership.pdf
Action ByDate Action ResultVer.
Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park Services for the Town as
recommended by CFAB and authorizing publication of notice of bid, including discussion and action regarding the
inclusion/exclusion of properties within the Bid and issues related to ownership of properties.
Town Council Page 118 of 241 Meeting Date: March 10, 2015
Page 1 of 1
To: Mayor and Town Council
From: Adam Adams, Director of Parks & Recreation
CC: Stephen Seidel, Town Manager
Holly Fimbres, Town Secretary
Re: Town Council Meeting, Tuesday, March 10, 2015
Agenda Item:
Consider and take appropriate action regarding the draft of the Sealed Competitive Bid for Park
Services for the Town as recommended by CFAB and authorizing publication of notice of bid,
including discussion and action regarding the inclusion/exclusion of properties within the Bid
and issues related to ownership of properties.
Explanation:
Periodically Town Council utilizes the competitive bid process to provide a benchmark to assure
that the Town is receiving the best value for the services being performed; based on this
direction staff has created a competitive bid document for Park Services. Following the creation
of the document, staff and the Citizen’s Financial Advisory Board (CFAB) reviewed and
subsequently recommended the document to Town Council. The Town Council will now
perform a final review the document for the purpose of advertising and receiving bids on Park
Services. At the February 10, 2015 Council meeting it was noted that several parcels of property
contained in the proposal did not show ownership by the Town according to Denton County
records. These parcels have been identified in a separate document and can be removed at any
time during the bid process by addendum or after the process is complete as the Council
directs.
Attachments:
Competitive Bid for Park Services draft
List of Properties Contained in RFP with Issues Relating to Ownership
Recommendation:
CFAB recommends this document. Staff believes this document to reflect the level of service
and workload currently performed by the Parks Department staff.
Town Council Page 119 of 241 Meeting Date: March 10, 2015
THE TOWN OF TROPHY CLUB, TEXAS
SPECIFICATIONS/ CONTRACT DOCUMENTS FOR
PARK SERVICES FOR THE TOWN OF TROPHY CLUB
MAYOR
Nick Sanders
TOWN MANAGER
Stephen Seidel
PARKS AND RECREATION DIRECTOR
Adam Adams
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PAGE 1 Town Council Page 120 of 241 Meeting Date: March 10, 2015
TABLE OF CONTENTS
SECTION
1. Notice to Bidders
2. Special Instructions to Bidders
3. General Conditions of Bidding
4. Bid Proposal
5. Resident/Non-Resident Bid Form
6. Agreement
7. Performance Bond
8. Payment Bond
9. Insurance Requirements
1. Insurance Requirement Affidavit
2. Insurance Checklist (Services)
3. Exhibit A-1, Insurance
4. Exhibit A-2, Workers’ Compensation Insurance Coverage
5. Workers’ Compensation Notice
10. Certificate of Insurance
11. General Requirements
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PAGE 2 Town Council Page 121 of 241 Meeting Date: March 10, 2015
TOWN OF TROPHY CLUB
PROJECT: PARK SERVICES FOR THE TOWN OF TROPHY CLUB
Sealed bids for the furnishing of all labor, materials, and equipment necessary for the
provision of landscape services for the Town of Trophy Club will be received at the
Town Offices, 100 Municipal Drive, Trophy Club, Texas 76262 until _______ on _____,
2015. All proposals will be publicly opened and read aloud at_______, 2015 at the
Town Offices. A mandatory pre-bid conference will be held at __ a.m. on ______,
________, 2015 at the Town Offices. Bid Documents (including Contract Documents)
have been prepared for this project and may be obtained at the Town Offices at the
address listed above or on the Town’s website at www.trophyclub.org.
The categories of services to be provided under this Contract include the following:
1. Maintenance, upkeep and support of all areas of Parks Operations
including:
a. Medians and related common areas-irrigated
b. Medians and related common areas-no irrigation
c. Brush-hog/rough mow areas
d. North linear trail system
e. Freedom Park
f. Harmony Park
g. Lakeview Park
h. Independence Park
i. Community Pool
j. Trophy Club Park
k. MUD facilities
l. Drainage maintenance
m. Weekend support
n. Irrigation
o. Chemical application
p. Special events support
q. Miscellaneous services
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2. Maps:
a. Medians and related common areas-irrigated
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b. Medians and related common areas-no irrigation
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c. Brush-hog/rough mow areas
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d. North linear trail system
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e. Freedom Park
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f. Harmony Park
g. Lakeview Park
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h. Independence Park
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i. Community Pool
j. Trophy Club Park
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k. MUD facilities
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l. Drainage maintenance
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m. Weekend support
n. Irrigation
o. Chemical application
p. Special events support
q. Miscellaneous services
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PAGE 20 Town Council Page 139 of 241 Meeting Date: March 10, 2015
A MANDATORY PRE-BID CONFERENCE WILL BE HELD AT __ A.M. ON
__________, 2015. ALL PROPOSALS SUBMITTED FOR TOWN CONSIDERATION
MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE SEALED ENVELOPE
WITH THE WORDS “PARK SERVICES FOR THE TOWN OF TROPHY CLUB”,
ATTENTION, AND MUST CONTAIN THE NAME OF THE COMPANY SUBMITTING
THE BID. ATTENDANCE AT THE PRE -BID CONFERENCE IS A QUALIFYING
CONDITION FOR BID SUBMISSION. FAILURE TO ATTEND THE PRE-BID
CONFERENCE WILL RESULT IN DISQUALIFICATION OF THE BID.
The Town reserves the right to reject any or all bids and waive any or all irregularities.
No bid may be withdrawn until the expiration of ninety (90) days from the date bids are
opened.
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PAGE 21 Town Council Page 140 of 241 Meeting Date: March 10, 2015
SECTION 2.
SPECIAL INSTRUCTIONS TO BIDDERS
Project Name: Park Services for the Town of Trophy Club
MANDATORY PRE-BID CONFERENCE. A MANDATORY PRE-BID CONFERENCE
WILL BE HELD AT __ A.M. ON ________________, 2015. ALL PROPOSALS
SUBMITTED FOR TOWN CONSIDERATION MUST BE CLEARLY MARKED ON THE
OUTSIDE OF THE SEALED ENVELOPE WITH THE WORDS “PARK SERVICES
FOR THE TOWN OF TROPHY CLUB”, ATTENTION, AND MUST CONTAIN THE
NAME OF THE COMPANY SUBMITTING THE BID. ATTENDANCE AT THE PRE-
BID CONFERENCE IS A QUALIFYING CONDITION FOR BID SUBMISSION.
FAILURE TO ATTEND THE PRE-BID CONFERENCE WILL RESULT IN
DISQUALIFICATION OF THE BID.
Bid Security: Proposals shall be accompanied by a cashier's check or certified check
upon a national or state bank, or a bid bond from a reliable surety company in an
amount not less than five percent (5%) of the total maximum bid price, as a guarantee
that the bidder will enter into a contract and execute a performance bond and a
payment bond within ten (10) days after notice of award of contract to CONTRACTOR.
A performance bond is required for all projects over $100,000.00 and a payment bond is
required for all projects over $25,000.00. Bonds shall be submitted on the forms
approved by the Town (copies of the approved bond forms are attached and
incorporated herein) as part of these contract documents.
Award of Contract: The notice of award of contract will be given by the Town of Trophy
Club (hereafter "OWNER" or "TOWN") within ninety (90) days following the opening of
bids.
The successful bidder shall submit, within seven (7) days after notice of award of
contract, a corporate resolution, certificate of partnership, partnership agreement or joint
venture agreement which identifies the person(s) authorized to execute a contract on
behalf of the corporation, partnership, or joint venture.
The successful bidder shall also furnish certificates of insurance that meet the TOWN
requirements within ten (10) working days after bid opening.
The successful bidder must qualify within five (5) working days after bid opening, by
submitting such additional documents as the Parks and Recreation Director may require
for compliance with the terms of these contract documents. Should the bidder fail to
produce evidence which satisfactorily demonstrates to Town that bidder qualifies for
contract award, bidder may be disqualified and the work awarded to the next lowest
bidder so qualifying.
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PAGE 22 Town Council Page 141 of 241 Meeting Date: March 10, 2015
Bonds: The successful bidder shall furnish a performance bond in the amount of one
hundred percent (100%) of the contract price, and a material and labor payment bond,
in the amount of one hundred percent (100%) of the contract price. Bonds must be
submitted on the forms provided and must be provided by an approved surety company
holding a permit from the State of Texas to act as surety, or other sureties acceptable to
the OWNER.
One original and one copy of the complete bid proposal must be submitted with
the Town of Trophy Club Project Name clearly identified on the exterior of the bid
package. The right is reserved, as the interest of the Town of Trophy Club may require,
to reject any and all bids, and to waive any informality in bids received.
The unit price on the Bid Proposal Form shall be the price of the item, and any errors
that may be present in that form shall not be recognized as an opportunity to revise the
proposal. The Bid Proposal Form sheet included in this bid document shall be utilized
for summarizing the bid.
THE INSURANCE AFFIDAVIT provided herein shall be executed and returned as
part of the bid document.
PROJECT SCOPE, UNIT SEVERABILITY AND QUANTITIES: Bidders are advised
that the quantities and frequency of work shown in the proposal are approximate.
Payment to the CONTRACTOR shall be made based on actual work performed. The
OWNER reserves the right to make increases or decreases to the amount of work
performed and does not guarantee that final quantities and frequency will not differ from
the approximate quantities and frequency shown in the proposal.
Bidders are further advised that the services identified herein for which the Town seeks
competitive bids have been separated into individual units based upon the nature and
scope of the work needed. The Town intends to award a contract to a single bidder.
The Town reserves the right to award a contract for all identified units or for any
combination of units as determined beneficial and appropriate to the Town and its
operations in the sole discretion of the Town.
CONTRACT RENEWAL: The initial term of the contract shall be for a period of one (1)
year. Upon completion of the initial term, the OWNER and CONTRACTOR may elect to
renew this contract for a maximum of three (3) additional one (1) year periods, if agreed
to in writing by both parties. However, the OWNER and CONTRACTOR shall not be
obligated to renew the contract and may decline to renew the contract for any reason.
Except as otherwise specifically provided herein or in a properly executed written
modification to the Contract Documents, all terms, provisions and specifications of the
Contract Documents shall remain the same during each renewal period. The price
submitted in the Contractor’s Bid Proposal may not be increased prior, during, or after
any such renewal period.
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PAGE 23 Town Council Page 142 of 241 Meeting Date: March 10, 2015
SECTION 3.
GENERAL CONDITIONS OF BIDDING
1. REQUIRED INFORMATION: TOWN OF TROPHY CLUB BID PACKETS
CONTAIN VARIOUS SECTIONS REQUIRING COMPLETION. THE
BIDAFFIDAVIT AND BID PROPOSAL FORM SECTION OF THE BID PACKET
MUST BE COMPLETED PRIOR TO THE DATE AND TIME SET FOR BID
OPENING AND INCLUDED WITH THE BID PACKET OR THE VENDOR WILL
BE FOUND NON-RESPONSIVE. VENDORS MAY BE REQUIRED TO
COMPLETE AND SUPPLY ALL INFORMATION CONTAINED IN THE
"SUPPLEMENTAL INFORMATION" PORTION OF THE PACKET AT A DATE
AFTER BID OPENING. FAILURE TO COMPLETE "SUPPLEMENTAL
INFORMATION" REQUIREMENTS IN A TIMELY MANNER, PRIOR TO
COUNCIL AWARD, MAY BE USED BY THE TOWN IN DETERMINING A
VENDOR’S RESPONSIBILITY.
2. INSTRUCTIONS: THESE INSTRUCTIONS APPLY TO ALL QUOTATIONS
AND BECOME A PART OF TERMS AND CONDITIONS OF ANY BID PACKET
SUBMITTED.
3. THESE GENERAL CONDITIONS APPLY TO ANY PROCUREMENT OF
PRODUCT OR SERVICES THAT EXCEED $15,000.00 IN COST.
4. ERROR-QUANTITY: BID PRICE MUST BE SUBMITTED ON UNITS OF
QUANTITY SPECIFIED, EXTENDED, AND TOTAL SHOWN. IN THE EVENT
OF DISCREPANCIES IN EXTENSIONS, THE UNIT PRICE AS WRITTEN
SHALL GOVERN.
5. PRICING: BID PRICE(S) QUOTED MUST BE HELD FIRM FOR NINETY(90)
DAYS TO ALLOW FOR EVALUATION UNLESS OTHERWISE STATED IN THIS
DOCUMENT.
6. TAXES: THE TOWN OF TROPHY CLUB IS EXEMPT FROM FEDERAL
MANUFACTURER’S EXCISE AND STATE SALES TAX. TAX MUST NOT BE
INCLUDED IN BID. TAX EXEMPTION CERTIFICATES WILL BE EXECUTED
BY THE TOWN AND FURNISHED UPON REQUEST.
7. SPECIFICATION-SAMPLES: ANY CATALOG, BRAND NAMES, OR
MANUFACTURER’S REFERENCE IN THIS BID PACKET IS DESCRIPTIVE
AND NOT RESTRICTIVE, AND IS USED TO INDICATE TYPE AND QUALITY
LEVEL DESIRED FOR COMPARISON PURPOSES UNLESS OTHERWISE
NOTED. BIDS ON BRANDS OF LIKE NATURE AND QUALITY MAY BE
CONSIDERED UNLESS SPECIFICALLY EXCLUDED. SAMPLES, IF
REQUIRED, SHALL BE FURNISHED FREE OF EXPENSE TO THE TOWN.
SAMPLES SHOULD NOT BE ENCLOSED WITH BID UNLESS REQUESTED.
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PAGE 24 Town Council Page 143 of 241 Meeting Date: March 10, 2015
8. PATENT RIGHTS: THE VENDOR AGREES TO INDEMNIFY AND HOLD THE
TOWN HARMLESS FROM ANY CLAIM INVOLVING PATENT RIGHT
INFRINGEMENT OR COPYRIGHTS ON GOODS SUPPLIED.
9. EVALUATION: RESPONSE TO SPECIFICATION IS PRIMARY IN
DETERMINING THE LOWEST RESPONSIBLE BID.
10. FUNDING: THE TOWN OF TROPHY CLUB IS A GENERAL LAW
MUNICIPALITY OPERATED AND FUNDED ON AN OCTOBER 1 TO
SEPTEMBER 30 BASIS; ACCORDINGLY, THE TOWN RESERVES THE RIGHT
TO TERMINATE, WITHOUT LIABILITY TO THE TOWN, ANY CONTRACT FOR
WHICH FUNDING IS NOT AVAILABLE.
11. ASSIGNMENT: THE SUCCESSFUL BIDDER SHALL NOT SELL, ASSIGN,
TRANSFER OR CONVEY THIS CONTRACT IN WHOLE, OR PART, WITHOUT
THE PRIOR WRITTEN CONSENT OF THE TOWN.
12. AUDIT: THE TOWN OF TROPHY CLUB RESERVES THE RIGHT TO AUDIT
THE RECORDS AND PERFORMANCE OF SUCCESSFUL BIDDER DURING
THE CONTRACT AND FOR THREE YEARS THEREAFTER.
13. PROTESTS: ALL PROTESTS REGARDING THE BID SOLICITATION
PROCESS MUST BE SUBMITTED IN WRITING TO THE TOWN’S DIRECTOR
OF PUBLIC WORKS WITHIN FIVE (5) WORKING DAYS FOLLOWING THE
OPENING OF BIDS. THIS INCLUDES ALL PROTESTS RELATING TO
ADVERTISING OF BID NOTICES, DEADLINES, BID OPENING, AND ALL
OTHER RELATED PROCEDURES UNDER THE LOCAL GOVERNMENT
CODE, AS WELL AS ANY PROTESTS RELATING TO ALLEGED
IMPROPRIETIES OR AMBIGUITIES IN THE SPECIFICATIONS.
THE LIMITATION DOES NOT INCLUDE PROTESTS RELATING TO STAFF
RECOMMENDATIONS AS TO AWARD OF THIS BID. PROTESTS RELATING
TO STAFF RECOMMENDATIONS MAY BE DIRECTED TO THE TOWN
COUNCIL BY CONTACTING THE TOWN SECRETARY. ALL STAFF
RECOMMENDATIONS WILL BE MADE AVAILABLE FOR PUBLIC REVIEW
PRIOR TO CONSIDERATION BY THE TOWN COUNCIL.
14. INSURANCE AND BONDING: BIDDER SHALL COMPLY WITH ALL
INSURANCE AND BONDING REQUIREMENTS AS SPECIFIED IN THE
BID/CONTRACT DOCUMENTS. FAILURE TO MEET SUCH REQUIREMENTS
SHALL DISQUALIFY THE BIDDER FROM AWARD.
15. LATE BIDS: BID PACKETS RECEIVED AFTER SUBMISSION DEADLINE
SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND
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UNACCEPTABLE. THE TOWN OF TROPHY CLUB IS NOT RESPONSIBLE
FOR THE LATENESS OF MAIL CARRIER, WEATHER CONDITIONS, ETC.
16. ALTERING BIDS: BID PRICES CANNOT BE ALTERED OR AMENDED AFTER
SUBMISSION DEADLINE. ANY INTERLINEATION ALTERATION, OR
ERASURE MADE BEFORE OPENING TIME MUST BE INITIALED BY THE
SIGNER OF THE BID, GUARANTEEING AUTHENTICITY.
17. WITHDRAWAL OF BIDS: A BID PRICE MAY NOT BE WITHDRAWN OR
CANCELED BY THE BIDDER FOR A PERIOD OF NINETY (90) DAYS
FOLLOWING THE DATE DESIGNATED FOR THE RECEIPT OF BIDS
WITHOUT WRITTEN APPROVAL OF THE TOWN, AND BIDDER SO AGREES
UPON SUBMITTAL OF BID.
18. PRESENTATION OF BIDS: COMPLETE BID PACKETS MUST BE
PRESENTED IN A SEALED ENVELOPE.
19. CHANGE ORDERS: NO ORAL STATEMENT OF ANY PERSON SHALL
MODIFY OR OTHERWISE CHANGE, OR AFFECT THE TERMS, CONDITIONS
OR SPECIFICATIONS STATED IN THE RESULTING CONTRACT. ALL
CHANGE ORDERS TO THE CONTRACT WILL BE MADE IN WRITING BY THE
TOWN OF TROPHY CLUB.
20. ADDENDA: ANY INTERPRETATIONS, CORRECTIONS OR CHANGES TO
THIS BID PACKET WILL BE MADE BY ADDENDA. ADDENDA WILL BE SENT
TO ALL WHO ARE KNOWN TO HAVE RECEIVED A COPY OF THIS BID
PACKET. IF THE ADDENDA CONTAINS CHANGES TO THE
"SPECIFICATION" OR "BID PROPOSAL FORM", BIDDERS SHALL
ACKNOWLEDGE RECEIPT OF ALL ADDENDA OR THEY WILL BE
DECLARED NON-RESPONSIVE.
21. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS/
AWARD BASED UPON BEST VALUE: A PROSPECTIVE BIDDER MUST
AFFIRMATIVELY DEMONSTRATE BIDDER’S RESPONSIBILITY. THE
TOWN’S AWARD OF BID WILL BE BASED UPON BEST VALUE TO THE
TOWN IN ACCORDANCE WITH TEXAS LAW. THE TOWN OF TROPHY CLUB
MAY REQUEST REPRESENTATION AND OTHER INFORMATION
SUFFICIENT TO DETERMINE BIDDER’S ABILITY TO MEET THESE MINIMUM
STANDARDS AND TO EVALUATE AND DETERMINE BEST VALUE TO THE
TOWN, INCLUDING BUT NOT LIMITED TO:
RESPONSIBILITY:
IN DETERMINING RESPONSIBILITY, TOWN MAY CONSIDER:
A. HAVE ADEQUATE FINANCIAL RESOURCES, OR THE ABILITY TO
OBTAIN SUCH RESOURCES AS NEEDED;
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B. BE ABLE TO COMPLY WITH THE REQUIRED OR PROPOSED
DELIVERY SCHEDULE;
C. HAVE SATISFACTORY RECORD OF PERFORMANCE;
D. HAVE A SATISFACTORY RECORD OF INTEGRITY AND ETHICS;
E. BE OTHERWISE QUALIFIED AND ELIGIBLE TO RECEIVE AN AWARD;
BEST VALUE:
IN DETERMINING THE BEST VALUE FOR THE TOWN, THE TOWN MAY
CONSIDER:
A. THE PURCHASE PRICE;
B. THE REPUTATION OF THE BIDDER AND THE BIDDER’S GOODS OR
SERVICES;
C. THE QUALITY OF THE BIDDER’S GOODS OR SERVICES;
D. THE EXTENT TO WHICH THE GOODS OR SERVICES MEET THE TOWN’S
NEEDS;
E. THE BIDDER’S PAST RELATIONSHIP WITH THE TOWN
F. THE BIDDER’S ABILITY TO COMPLY WITH LAWS AND RULES RELATING
TO CONTRACTING WITH HISTORICALLY UNDERUTILIZED BUSINESSES
AND NONPROFIT ORGANIZATIONS EMPLOYING PERSONS WITH
DISABILITIES;
G. THE TOTAL LONG-TERM COST TO THE TOWN TO ACQUIRE THE BIDDER’S
GOODS OR SERVICES;
H. THE BIDDER’S ABILITY TO GUARANTEE COMPLIANCE WITH DEADLINES
AND QUALITY STANDARDS; AND
I. THE BIDDERS ABILITY TO COMPLY WITH ALL LAWS REGULATING
EMPLOYEE ELIGIBILITY TO WORK IN THE UNITED STATES.
22. SUCCESSFUL BIDDER SHALL DEFEND, INDEMNIFY AND SAVE
HARMLESS THE TOWN OF TROPHY CLUB AND ALL ITS OFFICERS,
AGENTS AND EMPLOYEES AND ALL ENTITIES, THEIR OFFICERS, AGENTS
AND EMPLOYEES WHO ARE PARTICIPATING IN THIS CONTRACT FROM
ALL SUITS, ACTIONS, OR OTHER CLAIMS OF ANY CHARACTER, NAME
AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURY OR
DAMAGES RECEIVED OR SUSTAINED BY ANY PERSONS, OR PROPERTY
ON ACCOUNT OF ANY NEGLIGENT ACT OR FAULT OF THE SUCCESSFUL
BIDDER, OR OF ANY AGENT, EMPLOYEE, SUBCONTRACTOR OR
SUPPLIER IN THE EXECUTION OF, OR PERFORMANCE UNDER, ANY
CONTRACT WHICH MAY RESULT FROM BID AWARD. SUCCESSFUL
BIDDER SHALL PAY ANY JUDGMENT WITH COSTS, INCLUDING
REASONABLE ATTORNEYS FEES, WHICH MAY BE OBTAINED AGAINST
THE TOWN OF TROPHY CLUB AND PARTICIPATING ENTITIES GROWING
OUT OF SUCH INJURY OR DAMAGE.
23. TERMINATION FOR DEFAULT: THE TOWN OF TROPHY CLUB RESERVES
THE RIGHT TO ENFORCE THE PERFORMANCE OF THIS CONTRACT IN
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ANY MANNER PRESCRIBED BY LAW OR DEEMED TO BE IN THE BEST
INTEREST OF THE TOWN IN THE EVENT OF BREACH OR DEFAULT OF
THIS CONTRACT. THE TOWN RESERVES THE RIGHT TO TERMINATE THE
CONTRACT IMMEDIATELY IN THE EVENT THE SUCCESSFUL BIDDER
FAILS TO 1) MEET DELIVERY SCHEDULES OR, 2) OTHERWISE PERFORM
IN ACCORDANCE WITH THESE SPECIFICATIONS. BREACH OF CONTRACT
OR DEFAULT AUTHORIZES THE TOWN TO AWARD TO ANOTHER BIDDER,
PURCHASE ELSEWHERE AND CHARGE THE FULL INCREASE IN COST
AND HANDLING TO THE DEFAULTING SUCCESSFUL BIDDER.
24. REMEDIES: THE SUCCESSFUL BIDDER AND THE TOWN OF TROPHY
CLUB AGREE THAT EACH PARTY HAS RIGHTS, DUTIES , AND REMEDIES
AVAILABLE AS STATED IN THE UNIFORM COMMERCIAL CODE AND ANY
OTHER AVAILABLE REMEDY, WHETHER IN LAW OR EQUITY.
25. VENUE: THIS AGREEMENT WILL BE GOVERNED AND CONSTRUCTED
ACCORDING TO THE LAWS OF THE STATE OF TEXAS. THIS AGREEMENT
IS PERFORMABLE IN TARRANT/DENTON COUNTY, TEXAS. EXCLUSIVE
VENUE SHALL BE IN DENTON COUNTY, TEXAS.
26. SILENCE OF SPECIFICATION: THE APPARENT SILENCE OF THESE
SPECIFICATIONS AS TO ANY DETAIL OR TO THE APPARENT OMISSION
FROM IT OF A DETAILED DESCRIPTION CONCERNING ANY POINT, SHALL
BE REGARDED AS MEANING THAT ONLY THE BEST COMMERCIAL
PRACTICES ARE TO PREVAIL. ALL INTERPRETATIONS OF THESE
SPECIFICATIONS SHALL BE MADE ON THE BASIS OF THIS STATEMENT.
27. PREPARATION COST: THE TOWN WILL NOT BE LIABLE FOR ANY COSTS
ASSOCIATED WITH THE PREPARATION, TRANSMITTAL, OR
PRESENTATION OF ANY PROPOSALS OR MATERIALS SUBMITTED IN
RESPONSE TO ANY BID, QUOTATION, OR PROPOSAL.
28. MINOR DEFECT: THE TOWN RESERVES THE RIGHT TO WAIVE ANY
MINOR DEFECT, IRREGULARITY, OR INFORMALITY IN ANY BID. THE
TOWN MAY ALSO REJECT ANY OR ALL BIDS.
29. BID OPENINGS: ALL BIDS SUBMITTED WILL BE READ AT THE TOWN’S
REGULARLY SCHEDULED BID OPENING FOR THE DESIGNATED
PROJECT. HOWEVER, THE READING OF A BID AT BID OPENING SHOULD
NOT BE CONSTRUED AS A COMMENT ON THE RESPONSIVENESS OF
SUCH BID OR AS ANY INDICATION THAT THE TOWN ACCEPTS SUCH BID
AS RESPONSIVE.
THE TOWN WILL MAKE A DETERMINATION AS TO THE RESPONSIVENESS
OF BIDS SUBMITTED BASED UPON COMPLIANCE WITH ALL APPLICABLE
LAWS, TOWN OF TROPHY CLUB PURCHASING GUIDELINES, AND
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PROJECT DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE PROJECT
SPECIFICATIONS AND CONTRACT DOCUMENTS. THE TOWN WILL
NOTIFY THE SUCCESSFUL BIDDER UPON AWARD OF THE CONTRACT
AND, ACCORDING TO STATE LAW , ALL BIDS RECEIVED WILL BE
AVAILABLE FOR INSPECTION AT THAT TIME.
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STATEMENT OF BIDDER’S QUALIFICATIONS
This form will be used in assessing a Bidder’s Qualification and will be used to
determine if bid submitted is from a responsible bidder. State law designates that
contracts be awarded to the lowest responsible qualified bidder. Factors such as past
performance, integrity of the bidder, conformity to the specifications, etc., will be used in
evaluating bids. Attach additional sheet(s) as necessary.
Name:
____________________________________________________
Business Address:
____________________________________________________
How many years has your company been in business under its present name?
___________
How many years has your firm been performing the specific type of work involved in this
present contract?
______________________________________________________________________
______
List any relevant Certifications, Licenses, Registrations, etc., which qualify your
company to meet the requirements of this bid.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
List all other contracts your company currently holds (current client list) for similar
services for accounts similar in size, scope and nature to that of the Town of Trophy
Club. Include account name, nature of service(s) and annual dollar value.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
In the past three years, has you company failed to complete any work awarded to it?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
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In the past three years, has your company had a contract terminated for failure to
perform, or for failure to meet any requirements of the contract?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
In the past three years, have you, or your company, been cited by the Labor
Department of the State of Texas, or by any State or local agency, for any violations of
state, local or federal, labor laws, regulations, or guidelines, for nonpayment of wages
and/or benefits to your employees?
If yes, provide details on when, where and why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
Are there any judgments, claims or suits, pending, or outstanding, against your
company, or its officers?
If yes, provide details on when, where or why.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
Is your company, or any of its principals, presently debarred, suspended, proposed for
debarment, declared ineligible, or involuntarily or voluntarily excluded by any State, or
Federal, agency from participate in bidding on construction projects?
If yes, please attach a letter of explanation.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______
ACKNOWLEDGMENT: I (We), the undersigned, hereby certify that the above
information is true and accurate and that the Agency will rely on said information as a
basis for determining the bidder’s qualifications for the Project being bid. The
undersigned further understands that any material misrepresentation, or inaccuracy,
stated above will result in bidder’s disqualification, or if applicable, will constitute
grounds for the termination of the contract for construction, should one have been
issued to the bidder.
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Name of Company:
__________________________________________________________
Signature:
__________________________________________________________
Print Name:
__________________________________________________________
Title:
__________________________________________________________
REFERENCES
Proposals should include five institutions, of similar or the same size, where your
organization has provided athletic field maintenance services similar to those being
requested at the Town of Trophy Club. Please include name, title, telephone number
and email address of a contact person at each institution. References may be
checked electronically; the requirement for email addresses is a mandatory
requirement.
1. Institution:
Contact:
Phone number:
Email address:
2. Institution:
Contact:
Phone number:
Email address:
3. Institution:
Contact:
Phone number:
Email address:
4. Institution:
Contact:
Phone number:
Email address:
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SECTION 4.
BID PROPOSAL FORM
TO
THE TOWN OF TROPHY CLUB, TEXAS
FOR
PARK SERVICES
The undersigned, as bidder, declares (1) that the only person or parties
interested in this proposal as principals are those named herein; (2) that this proposal is
made without collusion with any other person, firm, or corporation; (3) that bidder has
carefully examined the Bid/Contract Documents, including but not limited to the
Agreement, Notice to Contractors, specifications and the plans therein referred to; and
(4) that bidder has carefully examined the locations and conditions of the proposed work
sites. The undersigned agrees that he will provide all the necessary labor, equipment,
materials, tools apparatus, and other items incidental to providing landscape services as
specified in the contract and specifications to the satisfaction and approval of the Parks
and Recreation Director of the Town of Trophy Club or his designee.
It is understood that the frequency of services to be provided at unit prices are
approximate only, and are intended principally to serve as a guide in evaluating bids.
It is further agreed that the frequency of work to be done at unit prices and
material to be furnished may be increased or diminished as may be necessary to
complete the work fully as planned and contemplated, and that the frequency of work,
whether increased or decreased, is to be performed at the unit prices set forth below
except as provided for in the specifications.
Accompanying this proposal is a cashier's check, certified check, or a bid bond in
the amount of five percent (5%) of the amount bids, ($__________________________).
The bid security accompanying this proposal shall be returned to all unsuccessful
bidders. In the event the Town accepts the proposal and the bidder fails to execute a
contract, file a performance bond, a payment bond, and insurance meeting the
requirements specified herein, within the time frames specified herein (not to exceed 10
business days), the bid security shall become the property of the OWNER and shall be
considered as payment for damages due to delay, additional work, and inconvenience
suffered by the OWNER on account of such failure of the bidder.
It is understood that the work is to be completed in full within the time designated
and that the successful bidder shall commence work within 30 (30) calendar days of
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Town’s written notice to proceed and shall substantially complete such work as required
by the Town within the time frame(s) designated by Town in the performance schedule.
It is understood that the OWNER reserves the right to reject any and all bids.
The undersigned bidder proposes to do the work, within specified times, and for the
following sums:
BID PROPOSAL
SERVICE AREAS: Entrances to Medlin Cemetery; Fox Point; Eagle’s Ridge; The
Woods; Trophy Lake Drive to Village Trail to Highway 114; Medians, slip roads and
common areas on Trophy Club Drive; Medians on Trophy Lake Drive; common areas
west of Trophy Lake Drive; Medians on Indian Creek Drive; Medians on Trophy Wood
Drive; Lot on Sonora; Triangle by Bridge on Trophy Club Drive; Fairway Village Median;
Oakhill Triangle; Ave 20 medians (2); Two (2) Medians on Summit Cove; Two (2)
Medians on Troon Drive; One (1) Median on Muirfield Court; One (1) Median on
Colonial Court; (1) Median on Lake Forrest Drive; One (1) Median on Cypress Court;
One (1) Median on Brookhollow Lane; One (1) Median on St. Andrews Court; One (1)
Median on Lake Forrest Court; One (1) Median on Turnbury Court; One (1) Median on
Glen Eagles Court; One (1) Median on Sunrise Court; One (1) Median on East Hillside
Place; One (1) Median on Skyline Drive; One (1) Median on Rushing Creek Court; One
(1) Median on Roaring Creek; One (1) Median on Spring Creek; One (1) Median on
Straight Creek; Street Shoulder on Indian Creek, beginning at Lot #74 on Colonial Court
to Lot #1 at Troon Court; Street Shoulder on Trophy Club Drive from Lee Court to Lot #
39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Portions east of Beck Creek
bordered by Winding Creek Court and Highway 114; Skyline Park; Public trail system in
The Lakes Subdivision; Various berm areas fronting Highway 114; The Lakes’
Subdivision Creek; Three(3) open space areas; Bobcat Blvd common areas and
medians; Various entrance and common space areas within the Highlands(irrigation
only); Rosebay Ct lot #48 in Highlands; Trails and open space; Independence Park;
Harmony Park; Freedom Park; Lakeview Park; Trophy Club Park; Open space adjacent
to the northern linear trail and ponds; Public Services Building; Police station; Town
water tower property: MUD lift stations 1-13; Svore Building; MUD water storage area
The Service Areas are identified for each area in the section titled exhibits, attached
hereto.
Maintenance Schedule:
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MEDIANS AND RELATED AREAS IRRIGATED:
Entrance to Medlin Cemetery; Fox Point; Eagle’s Ridge; The Woods; Trophy Lake Drive
to Village Trail to Highway 114; Public Trail System in The Lakes’ Subdivision; Trophy
Wood Drive Medians; Trophy Lake Drive Medians; Trophy Club Drive Medians, slip
roads and common areas; Indian Creek Drive Medians; Oak hill Triangle; Lake forest
median; Muirfield Ct median; Fairway Village median; Brook Hollow Ln; Trophy Club Dr
connecting trail; Common area west side of Trophy Lake Dr; police station; Public
Service building; Ave 20 medians (2); Summit Cove medians (2) Rosebay Ct lot #48 in
Highlands.
Mowing Services: Mow, weed-eat, edge, trash removal (1) one time per week for (36)
weeks.
Cost per cycle _________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of
debris) (8) times annually.
Cost per cycle _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mulching: Mulch (2) times per year with cypress.
1. Tree rings and collars
2. Flowering beds and plant beds
3. Hedge lines
4. Median beds
Cost per cycle _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
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MEDIANS AND RELATED AREAS NON-IRRIGATED:
Lot on Sonora; Triangle by Bridge on Trophy Club Drive; Lot on Oakhill Drive; One (1)
Median on Colonial Court; One (1) Median on Cypress Court; One (1) Median on St.
Andrews Court; One (1) Median on Lake Forrest Court; One (1) Median on Turnbury
Court; One (1) Median on Glen Eagles Court; One (1) Median on Sunrise Court; One
(1) Median on East Hillside Place; One (1) Median on Rushing Creek Court; One (1)
Median on Roaring Creek; One (1) Median on Spring Creek; One (1) Median on
Straight Creek; Street Shoulder on Indian Creek, beginning at Lot #74 on Colonial Court
to Lot #1 at Troon Court; Street Shoulder on Trophy Club Drive from Lee Court to Lot #
39 on Oakhill Drive; Trophy Lake Drive and Village Trail; Portions east of Beck Creek
bordered by Winding Creek Court and Highway 114; Skyline Park, (2) open space
areas; Bobcat Blvd common area, Roanoke side; water tower property on Bobcat Blvd;
common area between creek and quorum apts.
Mowing Services: Mow, weed-eat, edge, trash removal (1) one time per week for 18
weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Hedging/pruning shrubs: Hedge and prune shrubs/bushes (include disposal of debris)
(8) times annually.
Cost per cycle _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mulching: Mulch (2) times per year with cypress.
1. Tree rings and collars
2. Flowering beds and plant beds
3. Hedge lines
4. Median beds
Cost per cycle _________
8 Cycles per year
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Annual Cost (#Cycles X Cost/cycle): _________
BRUSH-HOG/ROUGH MOW AREAS:
Area east of Freedom Park; area at the termination of Trophy Park Drive; 114 Burm
between Trophy Club Drive and Trophy Lake Drive; Common areas along linear trail
system and adjacent Highland areas.
Mowing Services: Brush-hog, trash removal eight (8) times per year.
Cost per cycle: _________
8 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
NORTH LINEAR TRAIL SYSTEM
10’ swath cut on either side of the trail where possible; 10’ swath cut behind resident;
weed-eat behind resident fences. Also cut and weedeat around accessible part of
ponds.
Mowing Services: Mow, weed-eat, edge, trash removal eighteen (18) times per year.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
FREEDOM PARK
Annual:
1. Install new fibar in playground
2. Replace artificial turf in big dog entrance
3. Install pea-gravel in both entrances
Bi-annual:
1. Add sand to sand box
2. Aerate dog park
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Cost per cycle: _________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Quarterly:
Till fibar
Cost per cycle: _________
4 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Mowing Services:
Mow, weed-eat and edge and remove animal feces (36) times per year
(must be done on Tuesdays)
Cost per cycle: __________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Bi-weekly maintenance:
1. Rake decomposed granite
2. Inspect playground
3. Remove debris in parking lot and front entrance
4. Blow parking lot
Cost per cycle _________
104 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
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Daily Maintenance:
1. Inspect drinking fountains and wash stations
2. Remove ground trash and replace liners
3. Inspect entry gates (5)
4. Inspect 3 double gates
5. Inspect doggy stations/replace bags
6. Rake playground
7. Wash out and refill large dog bowls
8. Inspect dog equipment
9. Adjust and repair all park signage
Cost per cycle: _________
258 Cycles per year
Annual Cost (#Cycles X Cost/cycle) _________
HARMONY PARK
Mowing Services:
Mow, weed-eat and edge common areas and trails (42) times per year
Cost per cycle: __________
42 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Bi-weekly maintenance:
1. Inspect and replace “doggy” bags at doggy stations
2. Clean bathrooms:
a. Scrub toilets
b. Clean sinks
c. Power-wash walls and floor
3. Inspect playground
4. Check basketball courts and goal chains
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Cost per cycle: __________
104 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Bi-annual maintenance:
1. Add “play sand” to sand box (2” below concrete lip)
2. Aerate soccer fields
Cost per cycle: __________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Annually:
1. Add new fibar to playground
2. Scalp and remove clippings (soccer fields – fall)
3. Overseed soccer fields with Rye
4. Install sod in bare areas (soccer fields)
5. Top dress soccer fields
6. Add decompose granite to bocce ball court
Cost per cycle __________
Annual cost (#Cycles X Cost/cycle): __________
Daily maintenance:
1. Remove ground trash and replace liners
2. Remove debris and blow tennis courts
3. Rake/ remove debris bocce ball courts
4. Remove debris and blow off pavilion, trails and parking lot
5. Rake playgrounds (2)
6. Inspect bleachers, grills and picnic tables
7. Inspect/service restrooms
a. Restock toilet paper
b. Refill soap dispensers
c. Inspect toilets
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d. Inspect sinks
Cost per cycle: _________
258 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Quarterly:
Till fibar in playgrounds
Cost per cycle: _________
4 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Athletic maintenance:
Reel mow soccer fields and weed-eat interior and perimeter fields twice per week
for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow Ryed soccer fields once per week for (12) weeks
Cost per cycle _________
12 cycles
Annual cost (#Cycles X Cost/cycle) _________
Paint soccer field lines (20) times per year
Cost per cycle _________
20 cycles
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Annual cost (#Cycles X Cost/cycle) _________
LAKEVIEW PARK:
Mowing Services:
Mow, weed-eat and edge common areas and trail (36) times per year
Cost per cycle: ________
36 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Athletic maintenance:
Reel mow soccer fields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow Ryed soccer fields once per week for (12) weeks
Cost per cycle __________
12 cycles
Annual cost (#Cycles X Cost/cycle) _________
Paint soccer field lines (9) nine times per year
Cost per cycle _________
9 cycles
Annual cost (#Cycles X Cost/cycle) _________
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Daily maintenance:
1. Remove ground trash and replace liners
2. Inspect porta potties
Cost per cycle: ________
258 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Bi-annual maintenance:
Aerate fields (2) times per year
Cost per cycle: ________
2 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
Annual maintenance:
Top dress soccer fields
Cost per cycle: ________
Annual cost (#Cycles X Cost/cycle): ________
INDEPENDENCE PARK:
Mowing Services:
Mow, weed-eat and edge common areas and trail (36) times per year
Cost per cycle: __________
36 Cycles per year
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Annual Cost (#Cycles X Cost/cycle): __________
Athletic maintenance:
Walk-behind Reel mow infields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Reel mow outfields twice per week for (36) weeks
Cost per cycle __________
72 cycles
Annual cost (#Cycles X Cost/cycle) __________
Weed-eat baseball field interior and exterior perimeters twice per week for (36)
weeks
Cost per cycle __________
36 cycles
Annual cost (#Cycles X Cost/cycle) __________
Daily maintenance:
1. Remove ground trash and replace liners
2. Inspect and remove debris on tennis courts
3. Restock toilet paper and soap dispensers
4. Check restrooms and clean
5. Blow all debris on trails
6. Inspect water fountains
7. Inspect/service restrooms
a. Restock toilet paper
b. Refill soap dispensers
c. Inspect toilets
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d. Inspect sinks
Cost per cycle __________
36 cycles per year
Annual cost (#Cycles X Cost/cycle) __________
Twice a week maintenance (during baseball use of fields – 32 weeks):
1. Power wash pavilion
2. Power wash restrooms
a. Scrub toilets
b. Clean sinks
c. Power-wash walls and floor
3. Remove accumulated infield material from surrounding turf in running
lanes, arch, home plate and pitching mound
4. Remove all debris in dugouts
5. Remove all debris from infield
6. Wash down bleacher areas and dugouts
7. Blow parking lot
8. Refill clay in pitching mounds
9. Inspect all gates and double gates
10. Inspect playground
11. Inspect basket ball backboards and nets
12. Chalk field lines
13. Hand rake running lanes, home plate areas, pitching mounds
and bull-pens
14. Drag skinned areas with Toro Sandpro or equivalent
Cost per cycle __________
64 cycles per year
Annual cost (#Cycles X Cost/cycle) __________
Twice a month maintenance:
1. Wash off accumulated infield material from surrounding turf in running
lanes, arch, home plate and pitching mound
2. Replace clay bricks in home plate areas
3. Clean out underground drains in fields 5,6 and 7
4. Add clay to all bullpens
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Once a month maintenance (warm season):
Aerate fields only during warm season
Cost per cycle __________
Annual cost (#Cycles X Cost/cycle) __________
Quarterly:
Till fibar in playgrounds
Cost per cycle: _________
4 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Bi-annual maintenance:
1. Add mulch to exercise stations
2. Add mulch to veterans memorial flower bed
3. Add mulch to all existing tree rings
4. Till all of skinned areas and add conditioner
5. Rebuild all pitching mounds
Cost per cycle: _________
2 cycles per year
Annual cost (#Cycles X Cost/cycle): _________
Annual maintenance:
1. Top dress all sports fields
2. Replace all pitching rubbers and home plates
3. Replace all bases
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Cost per cycle: _________
Annual cost (#Cycles X Cost/cycle): _________
COMMUNITY POOL:
Mowing Services:
Mow, weed-eat and edge common areas, sidewalks (24) times per year
Cost per cycle: __________
24 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
Mowing Services:
Mow, weed-eat and edge common areas, sidewalks (12) times per year
during pool season (must be done on Tuesdays)
Cost per cycle: __________
12 Cycles per year
Annual Cost (#Cycles X Cost/cycle): __________
TROPHY CLUB PARK:
Mowing Services: Mow, weed-eat, edge, trash removal along pipe rail fence and large
common areas. Brush-hog beginners OHV area. (12) times annually.
Cost per cycle _________
12 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
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Mowing Services:
Mow and weed-eat beautification area (Trophy Gardens) (36) times per year
Cost per cycle: ________
36 cycles per year
Annual cost (#Cycles X Cost/cycle): ________
MUD FACILITIES:
Lift stations 1-13:
Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Svore Building:
Mowing Services: Mow, weed-eat, and edge (1) one time per week for (36) weeks.
Cost per cycle _________
36 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Trim shrubs (1)) one time per week for (8) weeks
Cost per cycle _________
36 Cycles per year
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Annual Cost (#Cycles X Cost/cycle): _________
Bi-annual color change:
Mulch beds and plant 16 flats of annual color
Cost per cycle _________
2 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
Water Storage Facility:
Mowing Services: Mow, weed-eat, edge, (1) one time per week for 18 weeks.
Cost per cycle: _________
18 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
DRAINAGE MAINTENANCE:
The Town has several drainage areas that require both trash and vegetation
removal. Work in these areas requires a minimum of three workers wearing
wading gear.
Quarterly:
120 man-hours per week
Cost per cycle: _________
4 Cycles per year
Annual Cost (#Cycles X Cost/cycle): _________
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WEEKEND SUPPORT:
Weekends:
Provide (4) hours general park support services for the Town both Saturday and
Sunday morning and afternoons for general labor for (36) weekends annually.
This position must be able to effectively communicate with the general public.
Cost per weekend _________
36 Cycles per year
Annual cost (#cycles X cost per weekend) _________
IRRIGATION:
Weekly:
Provide (80) eighty hours general irrigation services for the Town, including but
not limited to: installation and repair of general and specific irrigation
components and auditing and maintaining current system (materials will be
provided by the Town).
Cost per hour _________
80 hours per week
Annual cost _________
(80 hours per week X cost per hour X 52 weeks)
CHEMICAL APPLICATION:
Annually:
Fire Ant control/ 2 lbs of Top Choice per 1,000 sq. ft
Cost per cycle: _________
Annual Cost (#Cycles X Cost/cycle): _________
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Grub control/ 1.8 lbs of Merit per 1,000 sq. ft
Cost per cycle: _________
Annual Cost (#Cycles X Cost/cycle): _________
Bermuda fertilization and herbicide product and schedule for irrigated areas:
Mid-Late February
Spring Pre-Emerge – apply by the end of February for optimum control
Granular or Liquid –Barricade .75 lbs per 1,000 sq. ft.
Mid-April
21-0-0 application to kick start the Bermuda 5 lbs pr 1,000 sq. ft.
May
fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per 1,000 sq. ft.
Post emerge control of broadleaf weeds with Vessel 3-way herbicide and grassy
weeds (crabgrass) with Drive XLR8/ 2 gallons of water per 1,000 sq. ft
July
fertilization using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft
Post emerge control of nutsedge
September
fertilize using 25-0-10 / 50% Uflexx / 2% Fe / 2% Mg at 6 lbs per1000 sq ft
Should last 8 weeks
November
0-0-22 K-mag application at 5 lbs per 1000 sq ft
Prior to Spring pre-emergent application
Spot spray 1% round-up on all weeds when turf is dormant
Cost per cycle (include labor): _________
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Annual Cost (#Cycles X Cost/cycle): _________
SPECIAL EVENTS SUPPORT:
Annually:
The Town holds the following events at which we will need the specified number
of workers to be available for the amount of hours requested (this may be over a
two day period involving both set-up and take-down):
Fall Festival 4 workers/20 hours
Fall Campout 2 workers/16 hours
Christmas 4 workers/32 hours
Set-up/take down 4 workers/96 hours
Easter 2 workers/16 hours
Back to Nature 4 workers/32 hours
Spring Campout 2 workers/16 hours
July Fourth 11 workers/77 hours
Petfest 4 workers/32 hours
Spring Event 4 workers/32 hours
Garden Tour 3 workers/24 hours
Cost per hour _________
409 hours per year
Annual cost (cost per hour X hours per year) _________
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MISCELLANEOUS SERVICES:
Bi-annual color change (include labor and bed prep in flat price):
Cost per flat _________
2500 flats
Annual cost (#flats X cost per flat) _________
Tree pruning and disposal:
Cost per hour _________
120 hours
Annual cost (#hours X cost per hour) _________
General Labor:
Cost per hour _________
1,997 hours per year
Annual cost (#cost per hour X hours per year) _________
TOTAL BID $__________________
Respectfully Submitted,
__________________________________________
(Company / Entity Name)
By: _______________________________________
__________________________________________
(Printed Name)
__________________________________________
(Title)
__________________________________________
(Address)
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__________________________________________
In the event of the award of a contract to the undersigned, the undersigned will
(1) furnish a performance and a payment bond for the full amount of the contract as
specified herein, (2) secure proper compliance with the terms and provisions of the
contract, and (3) guarantee payment of all lawful claims for labor performed and
materials furnished in the fulfillment of the contract.
The work proposed to be done shall be accepted when the Town is satisfied that
work is fully completed and finished in accordance with the plans and specifications.
The undersigned certifies that the bid prices contained in this proposal have been
carefully checked and are submitted as correct and final.
Receipt is hereby acknowledged for the following addenda to bid proposal:
Addendum No. 1 Dated Received
Addendum No. 2 Dated Received
Addendum No. 3 Dated Received
Addendum No. 4 Dated Received
CONTRACTOR
By:
Title
Address
Seal and Authorization
(If a Corporation) City, State, Zip
Telephone
-END OF PROPOSAL-
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SECTION 5.
RESIDENT/NON-RESIDENT
BID FORM
THE FOLLOWING INFORMATION MUST BE PROVIDED IN ORDER FOR YOUR BID
TO BE CONSIDERED:
V.T.C.A. Government Code Section 2252.002: Non-resident Bidders. Texas law
prohibits cities and other governmental units from awarding contracts to a non-resident
bidder unless the amount of such bid is lower than the lowest bid by a Texas resident by
the amount the Texas resident would be required to underbid in the non-resident
bidder’s state.
In order to make this determination, please answer the following questions:
1. Address and phone number of your principal place of business:
2. Name and address of principal place of business, and phone number of
your company’s majority owner:
3. Name and address of principal place of business, and phone number of
your company’s ultimate parent company:
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Signed by:
Contractor
Printed Name:
Date Signed:
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SECTION 6.
**PARK SERVICES AGREEMENT BETWEEN
THE TOWN OF TROPHY CLUB AND CONTRACTOR
**This document is a substantial copy of the Agreement that
the successful bidder will be required to execute. The Town
reserves the right to make changes to this document as it
deems appropriate and necessary based upon the actual
project awarded.
The successful bidder will be required to execute an Agreement substantially in the form
provided below. Insurance and bonding requirements must be met. The successful
bidder will be provided a final Agreement for execution subsequent to Council award of
bid.
PARK SERVICES AGREEMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THIS AGREEMENT for mowing services (hereinafter referred to as “Agreement”),
is entered into this _____ day of _______________ 2015, by and between the TOWN
OF TROPHY CLUB, TEXAS, a Home Rule Municipality (hereinafter referred to as
“Town”), and ____________ of _______, ______, Texas (hereinafter referred to as
Contractor), both acting through their duly authorized officers or employees.
WITNESSETH:
WHEREAS, Town desires to contract with Contractor to provide landscape
services for a number of areas of public or publicly controlled property within the Town
which are shown a copy of which is attached hereto and incorporated herein for all
purposes (hereinafter called “Property”); and
WHEREAS, Town, under the terms and conditions set forth herein, is agreeable
to Contractor providing Park Services, in accordance with this Agreement, in and upon
the Property.
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NOW, THEREFORE, for and in consideration of the covenants, obligations and
undertakings to be performed by each of the parties to this Agreement, the parties do
hereby agree as follows:
1. SCOPE OF SERVICES.
A. Services. Contractor shall provide the following services in accordance
with the Contract Documents which include without limitation, the
following: Addendums to this Contract for Park Services and this
Contract for Park Services (hereinafter “Park Services”); Exhibit “A” -
“Specifications/Contract Documents for Park Services for the Town of
Trophy Club, Texas”, including without limitation Sections 1 through 11,
a copy of which is attached hereto and incorporated herein; Exhibit “B”
– Insurance Requirements; Exhibit “C” - Contractor’s Proposal”, a
copy of which is attached hereto and incorporated herein.
The above listed Contract Documents are complementary and what is
called for by one shall be as binding as if called for by all. In the event
of an inconsistency in any of the provisions of the Contract Documents,
the inconsistency shall be resolved by giving precedence to the
Contract Documents in the order in which they are listed above.
1. Mow ing:
a) rotary mowers with grass catchers or mulching capability so
that no grass is discharged onto the streets or upon sidewalks;
or
b) reel mowers with grass catchers so that no grass is discharged
onto streets or sidewalks.
2. Edging- Contractor shall edge with a blade all curbs and sidewalks
at each mowing. Edging shall be done in conjunction with each
mowing cycle. Edging with string type trimmers is not permitted
except by permission of the contract administrator.
3. Weed-eating- Contractor shall use a weed eater at each mowing to
provide a manicured appearance. Contractor shall use such weed
eater to cut all grass, weeds, and other natural plant materials in
areas where a mower may not be used, including but not limited to
weed eating around trees, edgings, shrubs, fencing and other
obstacles, whether natural or manmade.
Trimming shall be performed concurrently with mowing. Trimming
shall be done in such a way as to not damage trees or shrubs.
4. Litter/ Debris- Contractor shall remove litter/debris from property is
performed for both aesthetic and safety reasons. Litter on property
is to be removed prior to mowing. Responsibilities shall includeboth
organic and inorganic debris. Contractor is responsible for the
disposal of such debris.
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5. Painting/Chalking field lines- Contractor shall apply field paint with an
airless sprayer designed for marking athletic fields. Aerosal paint is
not acceptable.
6. Core aerification- Contractor shall aerify with a tractor mounted,
pto, cam type core aerifier equipped with ¾ inch side eject tines,
spaced on no more than 3 to 3.5 inche centers, and a minimum
coring depth of 3 inches. The cores are to be brought to the surface
and pulverized back into the turf.
7. Topdressing- Topdressing shall be done as specified on all
Bermuda turf areas with a material that shall be of a similar profile
to the soil below the turf. It shall be applied at ¼ “ depth for proper
coverage at a rate of ¾ cubic yards per 1,000 sq. ft.
8. Mulch- Contractor shall maintain at least 3” of shredded cypress
mulch around all landscaping and flower beds.
9. Pruning- Contractor shall prune as required to maintain a
consistently uniform appearance on hedges, shrubs, trees and
ground cover. Trees must be kept 8-14’ above roads and right-of-
ways and walks depending on requirements. All pruned materials
must be removed and disposed of by the Contractor.
Pruning shall include:
a. Dead, dying or unsightly branching
b. Crossed branches
c. Sprouts growing from or near the base of the plant
d. Nuisance growth that interferes with view, walks, lighting,
or signage.
Town may either supply the materials for the Additional Maintenance
Services or may request Contractor provide a quote for those materials.
Town reserves the right to select the most financially beneficial option.
B. Mowing Schedule. Contractor shall provide all Maintenance Services
in accordance with the maintenance schedule provided by Town. Such
schedule shall be provided annually based upon the Town’s fiscal year.
The schedule may be modified by the Town annually. Town shall
provide written notice to Contractor in the event of such modification.
Contractor shall mow according to the schedule and shall not deviate
from that schedule or provide maintenance services or any additional
services other than those specifically provided in the Town issued
maintenance schedule without the prior written authorization of Town.
3. RESPONSIBILITIES OF CONTRACTOR.
A. Contractor shall be responsible for any and all damaged sprinkler
heads and irrigation equipment, and general damage to the Property
or any equipment or fixtures thereon. It shall be the sole
responsibility of Contractor to immediately flag and report all such
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damage to the Town’s Parks and Recreation Director or his designee.
Contractor shall be responsible for all costs for repairing such
damage. Town shall, in its sole discretion, deduct the costs of those
repairs from the current payment due to Contractor. Failure by
Contractor to report any such damage to Town shall be a breach of
this Contract.
B. Contractor shall furnish or cause to be furnished, at its expense, all
labor, equipment accessories and services necessary to provide Park
Maintenance Services in accordance with this Agreement and all
specifications provided by the Town.
C. The Town shall inspect such Maintenance Services provided by
Contractor for quality and compliance with the terms of this
Agreement, and Contractor shall be required to take such steps as
are necessary to cause all such services to be accomplished in
accordance with Town standards and this Agreement.
4. TERM. This Agreement shall become effective upon signing and work
hereunder shall commence upon issuance of notice to proceed by Town.
The term of this Agreement shall be for a period of one (1) year from the
date of notice to proceed and, upon mutual agreement of the parties, may
be renewed annually for a period of three (3) terms of one (1) year each.
5. NOTICE. Contractor shall provide the Town with a primary and secondary
contact person knowledgeable about maintenance of the Property and
Additional Maintenance Services specified hereunder, along with phone
numbers where they can be each reached at all times. The Town shall
maintain a database with such information solely for the operational and
emergency purposes of the Town. Contractor shall notify the Town of any
changes in the contact persons or phone numbers within ten (10) days of
any changes in the contact information.
6. CONSIDERATION. In consideration for the compensation provided
hereinbelow, Contractor, its representatives, successors or assigns, at its
sole expense, shall furnish all labor, materials, equipment, accessories and
services, necessary to provide Park Services in accordance with the
approved Specifications and Additional Maintenance Services for the
Property as requested by the Town. Town shall pay Contractor an amount
not to exceed _____________________________________ ($_____) in
accordance with Contractor’s Proposal, a copy of which is attached hereto
and incorporated herein as Exhibit “A”. In the event of a conflict between
the terms, provisions, or pricing of Contractor’s Proposal and this
Agreement, the terms of this Agreement shall control. Total compensation
hereunder shall not exceed ____________ annually. Payments shall be
made monthly and shall be due within thirty (30) days after receipt and
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approval of invoice by Town. Invoices shall be submitted in the format
required by Town.
7. INSURANCE. Contractor, including his/her respective subcontractors,
representatives, agents, and assigns providing services in fulfillment of the
obligations of Contractor under the terms of this Agreement shall provide
and maintain insurance as specified in Exhibit “B” throughout the entire
term of this Agreement. Should Contractor fail to comply with this provision,
Town may terminate this agreement upon five (5) days written notice to
Contractor.
8. RIGHTS AND RESPONSIBILITIES OF TOWN. The Town reserves the
right to periodically inspect the Property to determine that such areas are
being properly maintained by Contractor. If, upon such inspection, Town
finds that Contractor is not properly maintaining such areas, Town shall so
notify Contractor in writing, specifying the deficiencies. If Contractor does
not remedy such deficiencies within five (5) days following receipt of such
written notice, Town shall have the option of performing the necessary
maintenance work itself and deducting such costs from payments made to
Contractor hereunder or to bill Contractor for all costs incurred, whether by a
third party independent contractor retained by Town or by the Town.
Contractor shall remit all payments to Town under this Section within ten
(10) days of receipt of a statement from the Town.
9. TERMINATION: Except as otherwise provided herein, this Agreement may
be terminated by either party with a one hundred and twenty (120) day
written notice. Contractor shall notify the Town, “Attention: “Parks and
Recreation Director”, in writing, of its desire to terminate this Agreement and
end its maintenance responsibilities for the Property.
10. INDEMNIFICATION: Contractor, its representatives, successors, officers,
agents and assigns hereby covenant and agree that no claim, loss, cause of
action, suit or other action for damages resulting from death or personal
injury to any of the above, or damage to personal property belonging to any
of the above, or based in any manner upon the Landscape Services and
Additional Maintenance Services on the Property, will ever be instituted by
Contractor, its representatives, successors, or assigns against the Town, its
officials, officers, representatives, agents or employees. In the event that a
claim or cause of action is brought by a representative, successor, agent,
officer, employee, assign, or any other third party for whom Contractor is
legally liable, Contractor shall release, hold harmless, defend and indemnify
the Town against any such claim or cause of action.
Contractor, its officers, employees, agents, representatives, successors,
and assigns hereby covenant and agree to release, defend, indemnify and
hold the Town, its officials, officers, agents and employees harmless from
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and against any and all claims, loses, suits, causes of action or demands of
any nature whatsoever attributable to, arising out of, or resulting from
Landscape Services and Additional Maintenance Services for the Property.
11. ENTIRE AGREEMENT: This Agreement constitutes the entire and
complete understanding between Town and Contractor and all requirements
hereunder may be modified or amended only by written instrument executed
by Contractor and the Town, their representatives, successors, or assigns.
No other representation or agreement between Town and Contractor,
except as set forth herein, shall be binding.
12. VENUE: The laws of the State of Texas shall govern the interpretation,
validity, performance, and enforcement of this Agreement, and Denton
County shall be the exclusive venue for the bringing of any action to enforce
the terms and conditions of this Agreement.
13. SEVERABILITY. If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this
contract are for any reason held to be invalid, void or unenforceable, the
remainder of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this contract shall
remain in full force and effect and shall in no way be affected, impaired or
invalidated.
14. NONWAIVER. The parties agree that one (1) or more instances of
forbearance by Town in the exercise of its rights herein shall in no way
constitute a waiver thereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CONTRACTOR:
BY: ________________________________
(Signature)
________________________________
(Print Name)
________________________________
(Title)
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TOWN OF TROPHY CLUB, TEXAS
BY: ________________________________
NICK SANDERS
MAYOR
ATTEST:
_________________________________
TOWN SECRETARY
APPROVED AS TO FORM:
_________________________________
TOWN ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF ______________ §
This instrument was acknowledged before me on the ___ day of
________________, 2015 by __________________________, __________________
of CONTRACTOR, a _________________ partnership/corporation, on behalf of such
_________.
______________________________
Notary Public, State of Texas
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STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2015 by NICK SANDERS, Mayor, of the TOWN OF
TROPHY CLUB, TEXAS, a general law municipality, on behalf of such
municipality.
____________________________________
Notary Public, State of Texas
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EXHIBIT “A”
Specifications/Contract Documents for Landscape Services for the Town of
Trophy Club
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EXHIBIT “B”
Insurance Requirements
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EXHIBIT “C”
Contractor’s Proposal
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SECTION 7.
PERFORMANCE BOND
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PERFORMANCE BOND
STATE OF TEXAS §
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ______________whose
address is _______________________________________________________,
hereinafter called Principal, and _____________________________________,
a corporation organized and existing under the laws of the State of ___________, and
fully licensed to transact business in the State of Texas, hereinafter called "Surety", are
held and firmly bound unto the TOWN OF TROPHY CLUB, TEXAS a general law
municipal corporation, hereinafter called "Beneficiary", in the penal sum of
____________________________________________________________ DOLLARS
($____________________) in lawful money of the United States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors, jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the
Principal entered into a certain Contract with the Town of Trophy Club, the Beneficiary,
dated on or about the _______ day of _____________________, _____, A.D. which is
incorporated herein and made a part hereof by reference, for the construction of certain
public improvements that are generally described as follows:
Landscape Services for the Town of Trophy Club
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and
fulfill all of the undertakings, covenants, terms, conditions and agreements of such
Contract in accordance with the plans, specifications and contract documents during the
original term thereof and any extension thereof which may be granted by the
Beneficiary, with or without notice to the Surety, and during the life of any guaranty or
warranty required under this Contract, and shall also well and truly perform and fulfill all
the undertakings, covenants, terms, conditions and agreements of any and all duly
authorized modifications of such Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall fully
indemnify and save harmless the Beneficiary from all costs and damages which
Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse
and repay Beneficiary all outlay and expense which the Beneficiary may incur in making
good any default or deficiency, then this obligation shall be void; otherwise, it shall
remain in full force and effect.
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PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive
Venue shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that such Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the Work to be performed thereunder or the Specifications
accompanying the same shall in anywise affect its obligation on this Bond, and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of V.T.C.A., Government Code
Section 2253.001, et seq., and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety
herein as the Resident Agent in Denton County or Tarrant County to whom any
requisite notices may be delivered and on whom service of process may be had in
matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article
7.19-1.
IN WITNESS WHEREOF, this instrument is executed in ____ copies, each one
of which shall be deemed an original, this, the _____ day of _________________,
_____.
PRINCIPAL:_____________________
BY: ___________________________
Name
ATTEST:
__________________________ TITLE: _________________________
SURETY: _______________________
BY: __________________________
Name
ATTEST:
__________________________ TITLE:_________________________
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for
delivery of notice and service of process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
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NOTE: Date on Page 1 of Performance Bond must be same date that Town Council
awarded Contract. Date on Page 2 of Performance Bond must be after the date that
Town Council awarded the Contract. If Resident Agent is not a corporation, give a
person's name.
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SECTION 8.
PAYMENT BOND
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PAYMENT BOND
STATE OF TEXAS §
§
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS: That ______________________
whose address is __________________________, hereinafter called "Principal", and
__________________________, a corporation organized and existing under the laws
of the State of __________, and fully licensed to transact business in the State of
Texas, hereinafter "Surety", are jointly and severally held and firmly bound unto the
TOWN OF TROPHY CLUB, TEXAS, a general law municipal corporation, hereinafter
called "Beneficiary", and unto all persons, firms, and corporations who may furnish
materials for, or perform labor upon the building or improvements described below, in
the penal sum of _____________________________________ DOLLARS
($_________________) in lawful money of the United States, to be paid in Denton
County, Texas, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators and successors jointly and severally,
firmly by these presents. This Bond shall automatically be increased by the amount of
any Change Order or Supplemental Agreement which increases the Contract price, but
in no event shall a Change Order or Supplemental Agreement which reduces the
Contract price decrease the penal sum of this Bond.
WHEREAS, the Principal entered into a certain Contract with the Beneficiary,
dated on or about the _______ day of _______________, _____, A.D. which is
incorporated herein and made a part hereof by reference, for Park Services for the
Town of Trophy Club
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its
duties and make prompt payment to all persons, firms, subcontractors, corporations and
claimants supplying labor and/or material in the prosecution of the Work provided for in
such Contract and any and all duly authorized modifications of such Contract that may
hereafter be made, notice of which modification to the Surety is hereby expressly
waived, then this obligation shall be void; otherwise it shall remain in full force and
effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, exclusive
Venue shall lie in Denton County, Texas.
AND PROVIDED FURTHER, that the Surety, for value received, hereby
stipulates and agrees that no change, extension of time, alteration or addition to
Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings,
etc., accompanying the same, shall in anyway affect its obligation on this Bond, and it
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does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of V.T.C.A., Government Code
Section 2253.001, et seq., and any other applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety
herein as the Resident Agent in Denton County or Tarrant County to whom any
requisite notices may be delivered and on whom service of process may be had in
matters arising out of such suretyship, as provided by V.A.T.S., Insurance Code Article
7.19-1.
IN WITNESS WHEREOF, this instrument is executed in copies, each one of
which shall be deemed an original, this the __________ day of _________________,
_____.
PRINCIPAL:__________________________
BY: ________________________________
Name
ATTEST:
__________________________ TITLE:______________________________
SURETY:____________________________
BY: ________________________________
Name
ATTEST:
__________________________ TITLE:______________________________
The Resident Agent of the Surety in Denton County or Tarrant County, Texas, for delivery of
notice and service of the process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Payment Bond must be same date that Town Council
awarded Contract. Date on Page 2 of Payment Bond must be after the date that
Town Council awarded the Contract. If Resident Agent is not a corporation, give a
person's name.
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SECTION 9.
INSURANCE REQUIREMENTS
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INSURANCE REQUIREMENT AFFIDAVIT
TO BE COMPLETED BY APPROPRIATE INSURANCE AGENT
MUST BE RETURNED AS PART OF BID
I, the undersigned agent, certify that the insurance requirements contained in this bid
document have been reviewed by me with the below-identified contractor. If the below-
identified contractor is awarded this contract by the Town of Trophy Club, I will be able,
within ten (10) working days after being notified of such award, to furnish a valid
insurance certificate to the Town meeting all of the requirements contained in this bid.
Agent’s Signature Agent Name (Print or Type)
Name of Insurance Carrier
Address of Agency
City/State
Phone Number
Name of Contractor (Print or Type)
SUBSCRIBED AND SWORN TO before me this ____________ day of
__________________, ______.
________________________________
Notary Public, State of Texas
NOTE TO AGENT:
If this time requirement is not met, the Town has the right to declare this bidder
non-responsible and award the contract to the next lowest qualified bidder
meeting the specifications. If you have any questions concerning these
requirements, please contact the Town of Trophy Club at 682-831-4690.
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INSURANCE CHECKLIST
(SERVICES)
("X" means the coverage is required.)
Coverages Required Limits (Figures Denote Minimums)
X 1. Workers' Compensation & Statutory limits of State of Texas
Employers' Liability $100,000 accident $100,000 disease
$500,000 policy limit disease
___ 2. For Future Use
___ 3. Town Approved Alternative 150,000 medical, safety program
Workers’ Comp. Program
X 4. General Liability Complete entry No. 26
Minimum 500,000 each incident
1,000,000 occurrence
X 5. General aggregate applies
per project (CGL)
X 6. Premises/Operations
X 7. Independent Contractors $500,000 combined single limit
for bodily injury and property damage
X 8. Products damage each occurrence with
X 9. Completed Operations $1,000,000 general aggregate that
applies to project under contract
X 10. Contractual Liability
X 11. Personal Injury Liability $500,000 each offense & aggregate
_ 12. XCU Coverages
X 13. Automobile Liability $500,000 Bodily Injury & Property
X 14. Owned, Hired & Non-owned Damage each accident
___ 15. Motor Carrier Act Endorsement
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___ 16. Professional Liability $500,000 Bodily Injury &
Property Damage each accident.
___ 17. Garage Liability $_____BI & PD each occurrence
___ 18. Garagekeepers' Legal $_____- Comprehensive
$_____- Collision
X 19. Owners Protective $500,000 Combined single limits
Liability
X 20. Town named as additional insured on other than W/C. This coverage is primary
to all other coverages the Town may possess.
X 21. Town provided with Waiver of Subrogation on Workers' Compensation or
Alternative program if applicable.
X 22. Ten (10) days notice of cancellation, non-renewal, material change or coverage
reduction endorsement required. The words "endeavor to" and "but failure" (to
end of sentence) are to be eliminated from the Notice of Cancellation provision
on standard ACORD certificates.
X 23. The Town of Trophy Club prefers an A.M. Best's Guide Rating of "A-", "VI" or
better or Standard and Poors Rating AA or better; Authorized to do business in
the State of Texas (not applicable for workers' compensation assigned through
pool or alternative compensation programs).
X 24. The Certificate must state bid number and bid title or project.
___ 25. Other Insurance Required:
INSURANCE AGENT'S STATEMENT
I have reviewed these requirements with the bidder named below. Additionally:
X 26. The above policy(s) carry the following deductibles:____________
Full limits of coverage available for:
General Liability________
Automobile Liability____________
X 27. Liability policies are (indicate):
OCCURRENCE [ ] CLAIMS MADE [ ]
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___________________________
Insurance Agent (Print)
___________________________
Signature
Date
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EXHIBIT A-1
INSURANCE COVERAGE
INSURANCE
INSURANCE: (Review this section carefully with your insurance agent prior to bid or
proposal submission. See "Insurance Checklist" on the last page or specific coverages
applicable to this contract). The Insurance Checklist is incorporated herein.
1. General Insurance Requirements:
1.1 The Contractor shall not start work under this Contract until the Contractor
has obtained at his own expense all of the insurance called for hereunder
and such insurance has been approved by the Town; nor shall the
Contractor allow any subcontractor to start work on any subcontract until
all insurance required of the subcontractor has been so obtained and
approved by the Contractor. Approval of insurance required of the
Contractor and subcontractors for the Town of Trophy Club will be granted
only after submission to the Town of original, signed certificates of
insurance or, alternately, at the Town's request, certified copies of the
required insurance policies.
1.2 The Contractor shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business
Automobile Liability insurance, and Workers' Compensation and
Employer's Liability insurance, in the same manner as specified for the
Contractor. The Contractor shall furnish subcontractors' certificates of
insurance to the Town immediately upon request.
1.3 All insurance policies required hereunder shall be endorsed to include the
following provision: "It is agreed that this policy is not subject to
cancellation, non-renewal, material change, or reduction in coverage until
ten (10) days prior written notice has been given to the, Town of Trophy
Club".
NOTE: The words "endeavor to" and "but failure to mail such notice shall impose
no obligation to liability of any kind upon the company, its agents or
representatives" are to be eliminated from the cancellation provision of standard
ACORD certificates of insurance.
1.4 No acceptance and/or approval of any insurance by the Town shall be
construed as relieving or excusing the Contractor, or the surety, or its
bond, from any liability or obligation imposed upon either or both of them
by the provisions of the Contract Documents.
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1.5 The Town of Trophy Club (including its elected and appointed officials,
agents, volunteers, and employees) is to be named as an additional
insured under all coverages except Workers' Compensation and the
certificate of insurance, or the certified policy, if requested, must so state.
Coverage afforded under this paragraph shall be primary as respects the
Town, its elected and appointed officials, agents and employees.
1.5.1 The following definition of the term "Town" applies to all policies
issued under the Contract:
The Town Council of the Town of Trophy Club and any affiliated or
subsidiary Board, Authority, Committee, or Independent Agency
(including those newly constituted), provided that such affiliated or
subsidiary Board, Authority, Committee, or Independent Agency is
either a Body Politic created by the Town Council of the Town of
Trophy Club, or one in which controlling interest is vested in the
Town of Trophy Club; and Town of Trophy Club Constitutional
Officers.
1.6 The Contractor shall provide insurance as specified in the "Insurance
Checklist" (Checklist) found on the last page of the bid or proposal form.
Full limits of insurance required in the Checklist of this agreement shall be
available for claims arising out of this agreement with the Town of Trophy
Club.
1.7 THE CONTRACTOR COVENANTS TO SAVE, DEFEND, HOLD
HARMLESS AND INDEMNIFY THE TOWN AND ALL OF ITS ELECTED
OR APPOINTED OFFICIALS, AGENTS AND EMPLOYEES
(COLLECTIVELY THE "TOWN") FROM AND AGAINST ANY AND ALL
CLAIMS, LOSS, DAMAGE, INJURY, COST (INCLUDING COURT
COSTS AND ATTORNEY'S FEES), CHARGES, LIABILITY OR
EXPOSURE, HOWEVER CAUSED, RESULTING FROM OR ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE CONTRACTOR'S
PERFORMANCE OR NON-PERFORMANCE OF THE TERMS OF THE
CONTRACT DOCUMENTS OR ITS OBLIGATIONS UNDER THE
CONTRACT. THIS INDEMNIFICATION SHALL CONTINUE IN FULL
FORCE AND EFFECT DURING ALL APPLICABLE STATUTE OF
LIMITATIONS PERIODS. ADDITIONALLY, INDEMNIFICATION SHALL
CONTINUE UNTIL THE CONTRACTOR COMPLETES ALL OF THE
WORK REQUIRED UNDER THE CONTRACT, EXCEPT THAT
INDEMNIFICATION SHALL CONTINUE FOR ALL CLAIMS INVOLVING
PRODUCTS OR COMPLETED OPERATIONS AFTER FINAL
ACCEPTANCE OF THE WORK BY THE TOWN FOR WHICH THE
TOWN GIVES NOTICE TO THE CONTRACTOR AFTER THE TOWN'S
FINAL ACCEPTANCE OF THE WORK.
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1.8 The Contractor shall be responsible for the work performed under the
Contract Documents and every part thereof, and for all materials, tools,
equipment, appliances, and property of any and all descriptions used in
connection with the work. The Contractor assumes all risks for direct and
indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury
to any person property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in
any way whatsoever with the contracted work, until final acceptance of the
work by the Town.
1.9 Insurance coverage required in these specifications shall be in force
throughout the Contract Term. Should the Contractor fail to provide
acceptable evidence of current insurance within seven (7) days of written
notice at any time during the Contract Term, the Town shall have the
absolute right to terminate the Contract without any further obligation to
the Contractor, and the Contractor shall be liable to the Town for the entire
additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
1.10 Contractual and other liability insurance provided under this Contract shall
not contain a supervision, inspection or engineering services exclusion
that would preclude the Town from supervising or inspecting the project as
to the end result. The Contractor shall assume all on-the-job
responsibilities as to the control of persons directly employed by it and of
the subcontractors and any persons employed by the subcontractor.
1.11 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the Town. The
Contractor shall be as fully responsible to the Town for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.12 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor
and its subcontractors during the term of the Contract, and the Contractor
shall be held responsible for any damage to property occurring by reason
of its operation on the property.
1.13 Written requests for consideration of alternate coverages must be
received by the Town at least ten (10) working days prior to the date set
for receipt of bids or proposals. If the Town denies the request for
alternative coverages, the specified coverages will be required to be
submitted.
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1.14 All required insurance coverage must be acquired from insurers
authorized to do business in the State of Texas and acceptable to the
Town. The Town prefers that all insurers also have a policyholder's rating
of "A-" or better, and a financial size of "Class VI" or better in the latest
edition of A.M. Best, or A or better by Standard and Poors, unless the
Town grants specific approval for an exception, in the same manner as
described in 1.13 above.
1.15 The Town will consider deductible amounts as part of its review of the
financial stability of the bidder. Any deductibles shall be disclosed in the
Checklist and all deductibles shall be assumed by the Contractor.
Contractor may be required to provide proof of financial ability to cover
deductibles, or may be required to post a bond to cover deductibles.
2. Contractor's Insurance - "Occurrence" Basis:
2.1 The Contractor shall purchase the following insurance coverages,
including the terms, provisions and limits shown in the Checklist.
2.1.1 Commercial General Liability - Such Commercial General Liability
policy shall include any or all of the following as indicated on the
Checklist:
i. General aggregate limit is to apply per project.
ii. Premises/Operations:
iii. Actions of Independent Contractors;
iv. Products/Completed Operations to be maintained for one year. Final
completion and acceptance of the work, with evidence of same filed with
owner.
v. Contractual Liability including protection for the Contractor from claims
arising out of liability assumed under this contract;
vi. Personal Injury Liability including coverage for offenses related to
employment;
vii. Explosion, Collapse, or Underground (XCU) hazards; if applicable.
Coverage required for any and all work involving drilling, excavation, etc.
2.1.2 Business Automobile Liability including coverage for any owned,
hired, or non-owned motor vehicles and automobile contractual
liability.
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2.1.3 Workers' Compensation - statutory benefits as required by the
State of Texas, or other laws as required by labor union
agreements, including Employers' Liability coverage.
2.2 Owner's Protective Liability Insurance:
In addition to the insurance described above, the Contractor shall obtain,
pay for and maintain at all times during the prosecution of the work under
the contract, an owner's protective liability insurance policy naming the
Owner as insured for property damage and bodily injury, including death,
which may arise in the prosecution of the work or Contractor's operation
under this contract. Coverage shall be on an "occurrence" basis, and the
policy shall be issued by the same insurance company that carries the
Contractor's liability insurance.
Limits of liability shall be as follows:
Bodily Injury $500,000 each occurrence
Property Damage $500,000 each occurrence
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EXHIBIT A-2
WORKERS' COMPENSATION
INSURANCE COVERAGE
A. Definitions:
Certificate of coverage ("certificate" - A copy of a certificate of insurance, a
certificate of authority to self-insure issued by the commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory
workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - Includes the time from the beginning of the work on the
project until the Contractor's/person's work on the project has been completed
and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in Texas Labor Code
§ 406.096) - Includes all persons or entities performing all or part of the services
the contractor has undertaken to perform on the project, regardless of whether
that person contracted directly with the Contractor and regardless of whether that
person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation,
providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The Contractor shall provide coverage, based on proper reporting of
classification codes and payroll amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas Labor Code, § 401.011(44) for
all employees of the contractor providing services on the project, for the duration
of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity
prior to being awarded the contract.
D. If the coverage period shown on the Contractor's current certificate of coverage
ends during the duration of the project, the Contractor must, prior to the end of
the coverage period, file a new certificate of coverage with the governmental
entity showing that coverage has been extended.
E. The Contractor shall obtain from each person providing services on a project,
and provide to the governmental entity:
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(1) a certificate of coverage, prior to that person beginning work on the
project, so the governmental entity will have on file certificates of coverage
showing coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the Contractor, a new certificate
of coverage showing extension of coverage, if the coverage period shown
on the current certificate of coverage ends during the duration of the
project.
F. The Contractor shall retain all required certificates of coverage for the duration of
the project and for one year thereafter.
G. The Contractor shall notify the Town in writing by certified mail or personal
delivery, within 10 days after the Contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing
services on the project.
H. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing
all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
I. The Contractor shall contractually require each person with whom it contracts to
provide services on a project to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of Texas Labor Code, § 401.011(44) for all of its
employees providing services on the project, for the duration of the
project;
(2) provide to the Contractor, prior to that person beginning work on the
project, a certificate of coverage showing that coverage is being provided
for all employees of the person providing services on the project, for the
duration of the project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage
period shown on the current certificate of coverage ends during the
duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
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(a) a certificate of coverage, prior to the other person beginning work
on the project; and
(b) a new certificate of coverage showing extension of coverage, prior
to the end of the coverage period, if the coverage period shown on
the current certificate of coverage ends during the duration of the
project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within ten (10) days after the person knew or should have known,
if any change that materially affects the provision of coverage of any
person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of
coverage, the Contractor is representing to the Town that all employees of the
Contractor who will provide services on the project will be covered by workers'
compensation coverage for the duration of the project, that the coverage will be
based on proper reporting of classification codes and payroll amounts, and that
all coverage agreements will be filed with the appropriate insurance carrier or, in
the case of a self-insured, with the commission's Division of Self-Insurance
Regulation. Providing false or misleading information may subject the Contractor
to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
K. The Contractor's failure to comply with any of these provisions is a breach of
contract by the Contractor which entitles the Town to declare the contract void if
the Contractor does not remedy the breach within ten days after receipt of notice
of breach from the governmental entity.
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WORKERS COMPENSATION
LANGUAGE TO BE IN POSTED NOTICE BY CONTRACTOR
TWCC Rule 110.110, Section D.7
Each Contractor is required to post a notice informing all persons providing services
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission rules. This notice must
be printed with a title in at least 30 point bold type and text in at least 19 point normal
type, and shall be in both English and Spanish and any other language common to the
worker population. The text for the notices shall be the following text in Figure 2:28
TAC §110 (d) (7) of this section, provided by the commission on the sample notice,
without any additional words or changes.
Figure 2:28 TAC §110 (d) (7)
REQUIRED WORKERS COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this project must be covered by workers’ compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee."
"Call the Texas Workers’ Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer’s failure to provide coverage."
Effective September 1, 1994
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SECTION 10.
CERTIFICATE OF INSURANCE
(To Be Provided by Successful Bidder)
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GENERAL REQUIREMENTS 11.
I. GENERAL INFORMATION
A. Intent
It is the intent of these specifications to describe the requirements for Park
services for the Town of Trophy Club labor and supervision. The Objective
is to maintain the same level of service and consideration for the overall
public well-being of the Town that currently exists. The Town intends to
award this contract to one Contractor but reserves the right to award a
contract for all identified units or for any combination of units as
determined beneficial and appropriate to the Town and its operations in
the sole discretion of the Town.
B. Unit Cost
The unit cost for evaluation purposes shall be the hourly cost to provide
services and complete all tasks associated with the service as described
in the specifications.
C. Equipment
Bidders must supply a list of all equipment to be used in the execution of
this contract including, but not limited to: tractors, mowers, riding mowers,
trimming/edging equipment, transport vehicles and trailers. If bidder plans
to lease or purchase any or all equipment, it shall provide evidence
satisfactory to the Town that includes: 1) name, address, and telephone
number of company where equipment is to be leased/purchased, including
itemization of equipment; 2) statement from that company that bidder
qualifies for leasing/purchase of equipment specified.
D. Increases/Decreases of Cycles
Dependent upon funding, prioritization and/or growth conditions, the Town
may elect to increase/decrease the number or frequency of services.
Notification will be in writing by contract administrator. Any
increases/decreases will be calculated at the cost per cycle/hour bid.
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II. SPECIFICATIONS
A. General Specifications
1. All work shall be performed Monday - Friday only. Work will not be
allowed on Saturday or Sunday without prior permission or a
request (weekend operations) from contract administrator.
2. All employees and equipment shall have the proper safety
equipment devices, which include, but are not limited to hearing
and eye protection, orange safety vests, and flashers/strobe lights
on vehicles. All equipment and personal protective equipment shall
meet OSHA safety standards. Warning signs and barricading shall
be in accordance with any applicable state or federal laws.
3. The contract administrator shall be the Parks and Recreation
Director or his designee. During term of agreement, Contractor
must provide to contract administrator a working telephone number
and address. The telephone must be answered during normal
working hours. The Contractor must also supply a cell phone
number to the on-site supervisor to allow contact and coordination
between Town employees as needed.
4. Contractor may invoice at the end of each month pursuant to the
terms of the Contract.
5. Contractor will be responsible for any damage done to plant
materials or other property during its maintenance operations.
6. Contractor may not sell, sublet or otherwise assign any interest in
this agreement to others without written consent of Town of Trophy
Club. Town reserves the right to reject subcontractors retained by
contractor to provide services under this agreement.
7. Anytime the Contractor is performing work for the Town the
Contractor will be required to have an employee on-site that will be
able to communicate effectively in English as needed with Town
staff. Contractor and employees will be courteous to the public at all
times while at the work site. Conflicts, or potential conflicts
between required work and public use of a location, should be
reported to the contract administrator
8. The parties agree the Town may cancel this agreement by
providing sixty (60) written days notice to Contractor or within such
time frame as specified in the Contract Documents.
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9. Contractor will operate as an independent contractor and not as an
agent, representative, partner or employee of the Town of Trophy
Club, and shall control its operation at the work site and be solely
responsible for the acts or omissions of its employees.
10. The Contractor's employees shall report to work in uniforms,
including shirt and pants. Uniforms worn by employees shall
indicate Contractor’s name and telephone number in a manner
clearly identifiable to the public. Employees shall at all times wear
a shirt.
11. The Contractor shall submit an organization chart showing the
structure of the management team from the on-site supervisor up to
the person ultimately responsible for the performance of this
contract.
12. The Contractor will provide a qualified Supervisor on site at all
times during any maintenance operations to be responsible for the
progress of the work performed.
13. The Parks and Recreation Director or his designee reserves the
right to request site inspections and/or meetings with the on-site
supervisor at any time during the contract. These site inspections
and meetings may be sporadic but could become regular if there
are performance/work quality issues.
14. The Contractor shall employ only those individuals who possess a
command of the English language sufficient to permit dialogue with
Town personnel or the general public. The language competency is
essential to permit discussion of Town personnel concerns and
requirements and to be able to interact with the public as may be
required.
15. The parties acknowledge that adherence by Contractor to the
completion schedule specified by the Town is essential to this
Agreement and failure to do so will harm Town. It is agreed by
the parties that the actual damages which might be sustained
by Town by reason of the breach by Contractor of its promise
to complete in accordance with the provisions hereof are
uncertain and would be difficult to ascertain; it is further
agreed that the sum of FIVE HUNDRED DOLLARS AND NO/100
($500.00) for each day that completion is overdue would be
reasonable and just compensation for such breach, and
Contractor hereby promises to pay such sum as liquidated
damages, and not as a penalty, in the event of such breach.
16. Weather/growth conditions may cause the cancellation of a mowing
cycle, as determined solely by the contract administrator. The
contract administrator has the sole decision as to whether the
weather/soil/turf conditions are appropriate for maintenance.
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Failure of the Contractor to abide with the contract administrator’s
decision may, in the discretion of Town, result in termination of the
Contract.
17. Contractor shall contact the contract administrator to discuss
Contractor’s work schedule for the month, and/or areas that are
ready for inspection. Failure to contact the contract administrator on
a regular basis may, in the discretion of Town, result in termination
of Contract.
18. Questions or concerns should be directed to the contract
administrator.
B. Maintenance Specifications
1. Locations/Standards - The areas to be mowed are designated on
on the maps provided and attached hereto. All work performed
must be to the standards set by Town whether such standards are
contained in the bid documents, contract documents, or are
otherwise communicated by the Town to the Contractor.
2. Inspection - Upon completion of work, the area will be inspected.
If any deficiencies are cited, the Contractor must correct them
within 48 hours. Failure to do so may result in termination of
contract.
3. Mowing Height -
March - June = 1 1/2" July - November = 2”
4. Mowing Frequency - The estimated frequency between the start
of each cycle is 7 days.
5. Edging - All curbs/sidewalks shall be edged every mowing cycle.
6. Trimming - All signs, poles, trees, planter bed edges, obstacles,
expansion joints, concrete/paver areas, etc., shall be trimmed
around with string trimmers. The turf shall be trimmed to the
assigned mowing height. Care shall be used to avoid injury to plant
material. Trimming shall be completed concurrently with mowing
on every cycle
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7 Litter - The Contractor shall be responsible for picking-up and
removing any and all trash or debris, such as paper, cans, bottles,
limbs three inches or smaller in diameter, rocks, etc., which is not
intended to be part of the landscape. Removal of trash will include
sweeping/removing grass clippings from sidewalks.
C. Employee Specifications
1. The Contractor shall be required to have a licensed irrigator by the State
of Texas on site during the performance of irrigation services. Additional
irrigation personnel that perform work under this contract shall be
required to be an irrigation technician.
2. The Contractor shall be required to have a licensed TDA applicator on-
site during the application of all products relating to fertilization, herbicide
or pest control.
3. The Contractor shall be required to furnish copies of all licenses required
by this contract to the contract administrator.
4. The Contractor shall maintain a copy of his msds sheets with the Town at
all times.
LABOR FORCE
All field employees of the bidder shall wear uniforms identifying them as
employees of the contractor. Employees driving the bidder’s vehicles shall, at all times,
possess and carry a valid vehicle operator’s license from the State of Texas. The
bidder’s employees, officers and agents shall, at no time, be allowed to identify
themselves or in any way represent themselves as being employees or agents of the
Town of Trophy Club. The bidder shall prohibit the drinking of alcoholic beverages of
the use of controlled substances by employees while on duty or in the course of
performing duties under this contract.
The bidder shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Bidder shall take action to ensure that applicants are employed
and treated without regard to their race, age, color, religion, sex, disability, ancestry,
national origin or place of birth. All employees, contractors, subcontractors, temporary
labor, agents and representatives of bidder providing services to Town shall be required
to produce a completed Form I-9 evidencing that all such persons are eligible to work
and/or maintain employment in the United States. Such documentation shall be
provided within five (5) business days after bidder is notified that it is the apparent
lowest responsible bidder. Further, the Town reserves the right to review and audit
records of bidder for compliance with this section at any time during the term of the
awarded contract and all renewals thereof upon five (5) days written notice to bidder.
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Any document that is printed and submitted to the Town becomes a government record.
Falsification of documents carries a criminal penalty for falsification of government
records as described in the Texas Penal Code.
Contractor Employee Background Screening
All Contractor personnel shall be required to undergo successful background screening
prior to assignment to the Town
Contractor shall be solely responsible for background screening for persons planned or
scheduled for assignment on Town premises.
By assigning Contractor personnel to the Town, Contractor attests that Contractor has
completed a background check on the Contractor personnel being assigned.to perform
the duties delineated in this contract.
Pre-assignment background screening for Contractor personnel shall be considered
acceptable if a successful background was completed by the Contractor or
Subcontractor firm within the ninety (90) days immediately preceding assignment of the
individual Contractor personnel to Town
Background screening shall be at the Contractor’s or Subcontractor’s firm expense and
shall not be reimbursable by the Town unless agreed upon in a written contract. The
results of Contractor background screenings shall not be shared with Town
representatives.
Contractor and Subcontractor shall authorize Town representatives to conduct audits,
compliance reviews and investigations, which may require review of background
screening records.
Contractor or Subcontractor firms that falsify and/or knowingly report an incorrect
background status for Contractor personnel assigned to and/or working on Town
premises shall be dismissed and removed from the job and barred from conducting
further business with the Town.
Any Contractor or Subcontractor who falsifies information and/or knowingly reports
incorrect information regarding a person assigned to Town premises, worksites or
projects shall be dismissed and removed from the job and barred from conducting
further business with the Town.
APPLICABILITY
This requirement applies to all contractors including but not limited to independent
contractors, subcontractors and contractors through a third party.
PURPOSE OF PRE-ASSIGNMENT BACKGROUND SCREENING
• Provide safe work environment
• Limit Town’s legal liability to allegations of negligent hiring, etc.
• Further verify identity and legal authority to work in the United States
• Reduce risk to residents
CONTRACTOR FIRM RESPONSIBILITIES
Contractors providing work or services to the Town shall:
• Have a written policy and procedures for the conduct of background screening
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• Conduct screening and verify worker’s backgrounds in accordance with the
applicable state and federal laws
• Use a reliable, vetted and properly qualified background screener
• Ensure the privacy of workers as required by law
• Complete background screening check prior to assignment
• Perform routine scheduled background updates as necessary to ensure the integrity
of the workers and “For Cause” background updates when warranted
• Inform the Town immediately if a contract worker no longer meets Contractor’s
background screening criteria
REQUIRED ELEMENTS OF CONTRACTOR BACKGROUND SCREENING
• 7-Year Criminal Conviction History (county, state, and federal records) – with
automatic ban for those under indictment for, or convicted of, an offense involving:
Theft, Fraud or Burglary.
• Violent crimes, including sexual related offenses, if the assignment could
potentially create an “at risk” situation to the public.
• Unlawful possession, use, sale, distribution or manufacture of an explosive
device, firearm, or other illegal weapon.
• Unlawful sale, distribution or manufacture of an illegal drug, controlled substance or
drug paraphernalia.
• Unlawful use of an illegal drug, controlled substance or drug paraphernalia may
disqualify the individual based on the circumstances, nature and length of time since the
conviction occurred.
• For purposes of screening the term “Criminal Conviction” includes Deferred
Adjudication, No Contest pleas, and related Attempts and/or Conspiracy to
commit the offenses identified above.
• Check of name against specified Terrorist Watch List(s).
• Verification of Social Security Number.
• Verification of Immigration Status, including valid I-9 Form where applicable. Note
the Town expressly prohibits any contractor from employing any person on
Town premises who does not have valid authorization to work in the United
States.
• Driving History (Where permitted by law and if contractor is required to operate a
motor vehicle on Town premises.
PRIVACY OF CONTRACTOR WORKER INFORMATION
The results of contractor or subcontractor background screenings shall not be shared
with Town and Contractors and Subcontractors shall not be required to furnish copies of
completed background screening reports on their employees to the Town. Further,
Contractors and Subcontractors shall not disclose to the Town those factors or events
that resulted in an individual’s disqualification from assignment to Town premises
except with the written permission of the individual involved.
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AUDIT OF CONTRACTOR’S PROGRAM
By assigning Contractor’s workers to Town premises, worksites or projects the
Contractor attests that the Contractor has completed a satisfactory background check
on the worker being assigned.
However, the Town reserves the right to audit Contractor’s background screening
program at any time.
The Contractor shall, upon request, permit an authorized Town representative to review
personnel backgrounds, including those of individual Contractor workers, in order to
conduct a review, audit or investigation. Contractors shall ensure this audit requirement
is extended to Subcontractors they may employ on Town premises.
NON-COMPLIANCE
Any Contractor or Subcontractor firm that knowingly and/or intentionally falsifies or
reports information or incorrect background status on a contract worker assigned to
and/or working on Town premises or projects shall immediately remove the worker in
question from the premises or project. Subsequently, the Contractor firm shall be
dismissed from the job and permanently barred from conducting further business with
the Town.
Any Contractor firm that, while acting in good faith, errs in reporting the correct
background status of a contract employee working on Town premises shall, as soon as
practicable upon discovery of the error, notify the appropriate Town representative of
the employee’s correct status. The Contractor shall then take immediate steps to
remove the individual from Town premises and replace the person with a qualified
individual.
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MACHINERY AND EQUIPMENT
Bidder must supply a list of all equipment available for use on this contract. Being
available shall mean that the equipment is owned or under control of the bidder
submitting this proposal.
# Units Type of Equipment
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
_____________
______________________________________________________
Attach additional sheets as needed.
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1
The Following Properties Are Maintained By The Town But Have
Been Identified As Having Issues Relating To Ownership:
Medlin Cemetery entrances
1. Staff spoke with the President of the Medlin Cemetery Association and she
produced landscape plans designed by TNP for the areas we currently
maintain. The Town needed a large portion of fill material during a
reconstruction of Trophy Club Drive project and the Medlin Cemetery
Association was assured that if the Town removed the burm in front of their
property for the dirt the Town would then maintain the entrance and front
areas in perpetuity.
2. Unowned
3. Time expenditure for this property:
a. Maintenance- 118 hrs
b. Irrigation- 24 hrs
Town Council Page 218 of 241 Meeting Date: March 10, 2015
2
Town Council Page 219 of 241 Meeting Date: March 10, 2015
3
The entrances on either side of the road into The Woods subdivision
1. Based on the entrances to the other early sub-divisions staff believes this
property was to be turned over to the Town with the transfer of CIA
properties.
2. Both properties are owned by the adjacent land-owners.
3. Time expenditure for this property:
a. Maintenance- 76 hrs
b. Irrigation-14 hrs
Town Council Page 220 of 241 Meeting Date: March 10, 2015
4
Common areas located on either side of Eagle’s Ridge entrance adjacent to
Indian Creek
1. Based on the entrances to the other early sub-divisions staff believes this
property was to be turned over to the Town with the transfer of CIA
properties.
2. Both properties are owned by Beck Properties.
3. Time expenditure for this property:
a. Maintenance- 112 hrs
b. Irrigation- 18 hrs
Town Council Page 221 of 241 Meeting Date: March 10, 2015
5
Flower bed containing eagle at the entrance to Eagle’s Ridge off of Indian
Creek
1. This property was given to Starwood Development by Beck properties.
Starwood was the developer of Eagle’s Ridge phase II and III, who in-turn
gave it to the Town (we insure the eagle).
2. Property is owned by the adjacent land-owner
3. Time expenditure for this property:
a. Maintenance- 66 hrs
b. Irrigation- 12 hrs
Town Council Page 222 of 241 Meeting Date: March 10, 2015
6
Highland’s entrances and common areas
1. In a verbal agreement with a previous Town Manager it was represented that
the Town would maintain both the maintenance requirements of these areas
and the irrigation systems (the irrigation system is part of the Town’s
irrigation network that goes to medians and slip-road medians as well). This
agreement was modified under Town Manager Slye to just include the
maintenance of the irrigation system. Speaking with the developer’s
property management company, they requested that we uphold our end of
the agreement until the property management is turned over to the home
owners association; this will occur in one year.
2. Properties are owned by High Trophy Development.
3. Irrigation time expenditure for these properties- 242 hrs
Town Council Page 223 of 241 Meeting Date: March 10, 2015
7
The open space area at the corner of Broadway and Highland Drive
1. This area is being maintained by the developer’s property maintenance
company but is owned by the Town.
2. The Town owns this property
Town Council Page 224 of 241 Meeting Date: March 10, 2015
8
Various slip road medians located adjacent to Trophy Club Drive adjacent to
the Highlands development
1. These properties were to be turned over to the Town upon their installation.
2. About half of the slip medians are owned by the Town with the other half
being owned by High Trophy Development.
3. Time expenditure for these properties:
a. Maintenance- 1620 hrs
b. Irrigation- 288 hrs
Town Council Page 225 of 241 Meeting Date: March 10, 2015
9
Shoulder areas located off Trophy Club Drive and Indian Creek
(pages 9 and 10)
1. Due to the way the homes were placed, creating difficult homeowner access,
we believe these parcels were intended to be turned over to the Town with
the other CIA properties.
2. These properties are owned by the adjacent property owners.
3. Maintenance time-36 hrs
Town Council Page 226 of 241 Meeting Date: March 10, 2015
10
Town Council Page 227 of 241 Meeting Date: March 10, 2015
11
The public trail system and the creek that runs adjacent to Lakeview Soccer
fields within the Lakes development.
1. These were agreed to be turned over to the Town with the construction of
Independence West in order to fulfill grant requirements as stipulated by
TPWD.
2. These properties are shown to be owned by the Lakes HOA.
3. Time expenditure for these properties:
a. Maintenance- 148 hrs
b. Irrigation- 14 hrs
Town Council Page 228 of 241 Meeting Date: March 10, 2015
12
Medians and open spaces including (pages 12 and 13)
Forest Hill; Troon Drive; Lake Forest Drive; Brook Hollow Ct; Oak Hill Drive;
Avenue 20; Summit Cove; Spring Creek Ct; Rushing Creek Ct; Roaring Creek Ct;
Triangle by Bridge; Hilltop; colonial Circle; Muirfield Ct; St. Andrews Ct;
Turnberry Ct; Glen Eagles Ct; Fairway Village Median, Straight Creek Ct
1. These areas have no owner on DCAD and staff believes they were to be
turned over to the Town with the dissolution of the CIA.
2. No owner
3. Time expenditure for these properties:
a. Maintenance- 192 hrs
b. Irrigation- 12 hrs
Town Council Page 229 of 241 Meeting Date: March 10, 2015
13
Town Council Page 230 of 241 Meeting Date: March 10, 2015
14
Lot located adjacent to Trophy Club Drive, between the Quorum apartments
and the creek.
1. This property, in an agreement between a previous Town manager and the
developer was to be turned over to the Town and is not in the boundaries of
an HOA.
2. Property is owned by Trophy L.P
3. Maintenance time for this property- 18 hrs
Town Council Page 231 of 241 Meeting Date: March 10, 2015
15
The following parcels are owned by the adjacent single home land owners:
(pages 15 and 16)
Lot #1 on Oak Hill Drive; lot adjacent to 101 Oak Village Ln; lot on Sonora;
1. These have been maintained since the CIA turnover but staff has not yet
determined why.
2. Properties are owned by adjacent land owners
3. Maintenance time- 18 hrs
Town Council Page 232 of 241 Meeting Date: March 10, 2015
16
ALL TIME EXPENDITURES ARE ON AN ANNUAL BASIS
Town Council Page 233 of 241 Meeting Date: March 10, 2015
17
Town Council Page 234 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0178-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Town Council Liaison Updates; discussion of same:
*Citizens Financial Advisory Board, March 9, 2015
Council Liaison - Mayor Pro Tem Greg Lamont
Attachments:
Action ByDate Action ResultVer.
Town Council Liaison Updates; discussion of same:
*Citizens Financial Advisory Board, March 9, 2015
Council Liaison - Mayor Pro Tem Greg Lamont
Town Council Page 235 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0179-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
* Assistant Town Manager/CFO
* Baseball
* TxDOT Sound Wall
* Warrant Round-Up
Attachments:
Action ByDate Action ResultVer.
Town Manager Seidel's update regarding the following; discussion and provide input regarding same.
* Assistant Town Manager/CFO
* Baseball
* TxDOT Sound Wall
* Warrant Round-Up
Town Council Page 236 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0180-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Items for Future Agendas.
Attachments:Items for Future Agendas.pdf
Action ByDate Action ResultVer.
Items for Future Agendas.
Town Council Page 237 of 241 Meeting Date: March 10, 2015
Town Council Future Agenda Items List
(Updated 3/4/2015)
1. Consider and take appropriate action regarding term limits for Board and Commission
members. (Rowe 7/22/2014) (1-Oct 28 Agenda) (2-Feb-10) (3-May-12)
10/28/2014 – Council discussed and wants to bring back on a future agenda to discuss:
board and commission creation ordinances to amend to two year staggered terms in
order provide consistency among all appointed positions, with the exception of the Parks
and Recreation Board since it is a large board
consider eliminating board and commission term limits, which is currently set at six years
review handbook for appointed and elected officials for possible other changes
2/10/2015 – Approved CFAB Ordinance (Ord 2015-03)
2/24/2015 – Approved new Handbook for Elected and Appointed Officials
2. 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) (2-Feb-10) (3-May-12)
10/28/2014 – Council discussed and would like a plan brought back on a future agenda.
2/10/2015 – Mayor Sanders provided update including examples of Southlake signage.
3. Review ordinances regarding Town Homes, Condos and apartments. (Sanders 8/4/2014) (1-
Nov 13) (2-Feb-24) (3-May-26)
2/24/2015 – Acting Town Manager Seidel provided update (waiting to fill vacant Planning
position)
4. Consider and take appropriate action regarding policy on equipment schedule for
replacement program. (Shoffner 8/26/2014) (1-Dec 9) (2-March 10) (3-June-9)
12/9/2014 – Council discussed and would like a policy brought back that encompasses a
point system or measureable factors on a future agenda.
2/10/2015 – Discussed and approved CFAB projects and associated priorities.
5. Consider and take appropriate action regarding parking on Parkview and Park Lane, and
options for Police Department mitigation. (Rowe 9/9/2014) (1-Jan 13) (2-April-14)
2/10/2015 – Discussed and staff will work on school and traffic counts.
6. Consider and take appropriate action regarding a policy related to auto allowances. (1-
March 10)
7. Consider and take appropriate action regarding reviewing schedules of fees for outside
baseball tournaments and capacity. (1-March 10) (2-June-9)
Note: Town Manager Seidel is meeting with Baseball President during the week of March
9th.
8. Consider and take appropriate action regarding the baseball contract and tournaments.
(Lamont 1/13/2015) (1-April 14)
2/10/2015 – Acting Town Manager Seidel provided update and stated staff is currently
working with the associations.
9. Consider and take appropriate action regarding July 4th festivities. (Sanders 1/13/2015) (1-
April 14)
Town Council Page 238 of 241 Meeting Date: March 10, 2015
10. Consider and take appropriate action regarding forming a committee of residents to create
a site/action plan for Trophy Club Park (Shoffner 2/10/2015) (1-May-12)
Town Council Page 239 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0181-T Name:
Status:Type:Agenda Item Executive Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
Title:Pursuant to Section 551.072 “Deliberations About Real Property” of the Texas Government Code,
Annotated, Subchapter 551 (Texas Open Meetings Act), the Council will enter into executive session
in order to deliberate the purchase, exchange, lease, or value of real property where deliberation in an
open meeting would have a detrimental effect on the position of the governmental body in
negotiations with a third person:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential
Lease of Property
Attachments:
Action ByDate Action ResultVer.
Pursuant to Section 551.072 “Deliberations About Real Property” of the Texas Government Code, Annotated, Subchapter
551 (Texas Open Meetings Act), the Council will enter into executive session in order to deliberate the purchase,
exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the
position of the governmental body in negotiations with a third person:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential Lease of Property
Town Council Page 240 of 241 Meeting Date: March 10, 2015
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12015-0182-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:3/2/2015 Town Council
On agenda:Final action:3/10/2015
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 241 of 241 Meeting Date: March 10, 2015