Minutes TC 07/14/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, July 14, 2015 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, July 14, 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
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
TOWN COUNCIL MEMBERS ABSENT:
Garrett Reed Council Member, Place 2
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Town Manager
Patricia Adams
Town Attorney
Steven Glickman Assistant Town Manager/CFO
Holly Fimbres
Town Secretary/RMO
Adam Adams
Parks and Recreation Director
Patrick Arata
Police Chief
Pat Cooke
Development Services Manager
April Reiling
PIO/Marketing Manager
Mayor Sanders announced the date of Tuesday, July 14, 2015, called the Town Council to order and announced a
quorum at 6:00 p.m.
The Invocation was offered by Council Member Parrow.
The Pledges were led by Mayor Pro Tem Lamont.
(Town Secretary Note: The agenda items were presented in the following order: Citizen Presentations; Consent
Agenda; Item No. 10; Item No. 8; Item No. 9; Item No. 11; Item No. 12; Item No. 13; Item No. 14; Item No. 16; Item
No. 17; Item No. 15; Item No. 18; Item No. 19; Item No. 20; Item No. 21; Item No. 22; Item No. 23; and Item No.
24)
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
Town Council Minutes July 14, 2015 Page 1 of 159
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.
1. Consider and take appropriate action regarding the Minutes dated June 9, 2015. (Town Secretary Note:
Approved as presented in the Town Council agenda packet)
2. Consider and take appropriate action regarding the Consumer Confidence Report for the PID.
3. Consider and take appropriate action regarding a Non -Exclusive Use Agreement between the Town and
TCR Youth Baseball Association.
Attachment A — Non -Exclusive Use Agreement with TCR Youth Baseball Association
4. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Westlake
for installation of illuminated street signs; authorizing the Mayor or his designee to execute all necessary
documents.
Attachment B — Partially Executed — Interlocal Agreement for Installation of Illuminated Signs with Westlake
5. Consider and take appropriate action regarding an Interlocal Agreement for Ad Valorem Tax Collection
between the Town and Denton County for Tax Year 2015; and authorizing the Mayor or his designee to
execute all necessary documents.
Attachment C — Partially Executed — Interlocal Cooperation Agreement for Ad Valorem Tax Collection with
Denton County
6. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection
between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2015
(Infrastructure Assessment); and authorizing the Mayor or his designee to execute all necessary
documents.
Attachment D — Partially Executed — Interlocal Cooperation Agreement for Assessment Collection with Denton
County for the TC PID No. 1 (Infrastructure Assessment)
7. Consider and take appropriate action regarding an Interlocal Agreement for Assessment Collection
between the Town and Denton County for the Trophy Club Public Improvement District No. 1 for 2015
(Emergency Services Assessment - Fire Service); and authorizing the Mayor or his designee to execute
all necessary documents.
Attachment E — Partially Executed — Interlocal Cooperation Agreement for Assessment Collection with Denton
County for the TC PID No. 1 (Emergency Services Assessment — Fire Service)
Motion made by Council Member Parrow, seconded by Council Member Rowe, to approve the Consent Agenda
Items 1 through 7.
Motion passed unanimously.
Town Council Minutes July 14, 2015 Page 2 of 159
REGULAR SESSION
8. Receive an update from GSBS regarding the Police and Town Hall facility; discuss and provide direction
regarding update, facility, timeline and project schedule.
Attachment F— GSBS Police Department and Town Hall Presentation
Tom Batenhorst, GSBS Principal, provided an update regarding the Police and Town Hall facility, which included:
Site Plan Al and Site Plan A2.
Council Member Rowe commented that he would like the site plan to reflect some type of equipment yard space
close to where the water tower sits for future development.
Mr. Batenhorst continued his presentation, which included an alternate Site Plan B if the Council wanted to
consider future expansion, which would shift the Town Hall building east by approximately 20 feet and shift the
same amount on the east end of the Police Department, as well as changes to the Floor Plan based on Councils
feedback from the June 9, 2015, meeting.
Mayor Pro Tem Lamont and Council Members Rowe and Shoff ner supported the idea to shift the facility to allow
for future expansion.
Mayor Sanders noted that the marked dash lines within the Council Chambers are for a collapsible wall so that all
the seating could be separated from the dais if needed for a meeting space.
Council Member Parrow inquired about using a pocket door for wheel chair access on the ramp next to the dais.
Mr. Batenhorst stated that a sliding door could be used that meets Code, then discussed the re -location of the
Elected Official Office.
Council Member Shoff ner was not in favor of the new location for the Elected Official Office because he believed
that the Police Reception area should not be separated from the secured Police Department space.
Mr. Batenhorst stated that an option could be to place the Elected Official Office back in its original location, use
opaque glass and have the door off the Police Lobby to allow for more privacy. He added that the overall plan is
approximately 23,600 square feet. Additionally, he stated that the lightly illustrated walls could be a removable
wall system to allow for flexibility in the future, and recommended that the Council consider using Do It Right This
Time (DIRTT).
Town Manager Seidel commented that this would give them the ability to be flexible in the future without
significant construction cost.
Mr. Batenhorst continued his presentation, discussing overhangs to shade the south windows, the use of Texas
stone, architectural medal panels and brackets that hold the overhang. He displayed an optional exterior elevation
drawing that reflected materials used at the Fire Department. He advised that he will present an update at the
July 28, 2015, Council meeting to discuss the budget of the proposed facility.
Council Member Parrow asked for Mr. Batenhorst to spend additional time on the second elevation drawing and
have it look more like an office as opposed to an elementary school.
Council Members Rowe, Kurtz, and Shoffner leaned towards using the first elevation drawing, and would like the
facility to reflect the Trophy Wood development that is currently there.
Town Council Minutes July 14, 2015 Page 3 of 159
Mayor Pro Tem Lamont stated that he has an issue with both elevations because the length is long which makes
the roof appear flat.
Mr. Batenhorst stated that it may help to do a study model to give a more accurate reflection in the roof forms.
Town Manager Seidel relayed Council Member Reed's communication to him, which was that he was not in favor
of the second elevation but was in favor of the first elevation with the smaller windows on the south elevation.
Mayor Sanders brought up a concept of adding a second story on the Town Hall side to allow for future expansion
that would also drastically change the elevation.
Mr. Batenhorst discussed requirements for a second story which would include fire protection, stairway, and
possible installation of a heating and cooling system.
Council Members Rowe and Kurtz commented that they would like to stay close to the budget as possible.
Council Member Shoffner commented that he believes that it would be a good idea to discuss.
Mayor Pro Tem Lamont requested that Mr. Batenhorst discuss with the Town Manager the ability to add two
ambulance bays to the 4,000 square foot building next to the water tower.
Council Member Rowe commented that he was in favor of carrying the road out to TW King to accommodate
flexibility.
Town Manager Seidel stated that he would visit with the Mayor and Mr. Batenhorst to discuss the additional
acreage.
Council Member Rowe commented that he would like to see an option for a future maintenance barn that would
move the Animal Holding facility into the main facility.
Mayor Sanders stated that the intent is to have a cost estimate available at the July 28, 2015, Council meeting, in
order to be able to call the Bond Election on August 11, 2015.
No action was taken on this item.
9. Receive public input and provide direction to Town Staff based on comments made by citizens regarding
the Police and Town Hall facility; discussion of same.
Chris Bailey, 201 Durango Drive, stated that the residents north of where the dumpster is located, would probably
not appreciate the noise from when the trash is picked up.
Mr. Batenhorst stated that is something that they will continue to study.
Lynda Sanders, 7 Hayes Court, stated that she was excited to hear who was doing the layout and architecture of
the facility because of their expertise. She added that her preference is to have a facility that looks like a municipal
entity rather than a nursing home.
No action was taken on this item.
Town Council Minutes July 14, 2015 Page 4 of 159
10. Consider and take appropriate action regarding an Ordinance providing for the Issuance of Town of
Trophy Club, Texas, General Obligation Refunding Bonds, Series 2015; Awarding the Sale thereof;
Levying a Tax in Payment thereof; Authorizing the Execution and Delivery of a Purchase Agreement, a
Paying Agent/Registrar Agreement and an Escrow Agreement; and Enacting Provisions Incident and
Relating to the subject and purposes of this Ordinance.
Attachment G — Ordinance No. 2015-15
Motion:
Motion made by Mayor Pro Tem Member Lamont, seconded by Council Member Parrow, to approve Ordinance
No. 2015-15, providing for the Issuance of Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series
2015; Awarding the Sale thereof; Levying a Tax in Payment thereof; Authorizing the Execution and Delivery of a
Purchase Agreement, a Paying Agent/Registrar Agreement and an Escrow Agreement; and Enacting Provisions
Incident and Relating to the subject and purposes of this Ordinance.
Mayor Sanders stated that this item is for refinancing series of Town notes, which will save $218,561 in interest
over the life of the bonds.
Andrew Friedman, Managing Director with SAMCO Capital Markets, stated that they were very pleased with the
bids, and that the Town has a great interest rate of 2.18 percent on a 10 year refinancing, and recommended the
Council proceed with this refunding.
Julie Partain, Counsel with Bracewell & Giuliani LLP, was present to address any questions.
The vote was taken.
Motion passed unanimously.
11. Receive report from the FireIEMS Sub -Committee regarding review and analysis of EMS & Fire
operations; discussion of same and provide direction on the Interlocal Agreement for Fire Department
Personnel Services with the Trophy Club Municipal Utility District No. 1.
Attachment H - Fire/EMS Consolidation Presentation
Mayor Sanders noted that the TCMUD No. 1 Board has not seen the presentation, and that this item was not
meant for much dialogue or questions.
Louis Opipare, a citizen representative from the Fire/EMS Joint Sub -Committee, provided the Fire/EMS
Consolidation presentation, which included: An Overview; Priorities; Options; Data Examined; General
Observations; The Town Absorbs the Fire Service Financial Impact; The MUD Absorbs EMS Financial Impact;
Restore and Enhance the Original Structure; General Conclusions; and Recommendations.
Eric Jensen, a citizen representative from the Fire/EMS Joint Sub -Committee, provided his personal opinion
regarding two items that he disagreed with from the presentation. He disagreed that it would make financial
sense for the TCMUD No. 1 to absorb EMS because they are currently Town employees who pay into the Texas
Municipal Retirement System (TMRS) and would have to convert to Texas County & District Retirement System
(TCDRS), which would negatively impact recruiting staff from other cities. He disagreed with the chain of
command and provided a brief background that the Sub -Committee initially agreed that the Fire Chief should
report to the Town Manager, but now he cannot get consensus. He discussed items within the Interlocal
Agreement regarding the Fire Chief being a Town employee and that there are two Standard Operation Procedures
(SOP).
Town Council Minutes July 14, 2015 Page 5 of 159
Mr. Opipare stated that Mr. Jensen is correct, that the Sub -Committee had started on the direction that the Fire
Chief should report to the Town Manager. He believed that the TCMUD No. 1 should have input regarding policies
and procedures because they are responsible for Fire Protection outside their jurisdiction.
Mayor Pro Tem Lamont agreed that the Fire Chief should report to the Town Manager.
Council Member Shoff ner commented that he agreed that the Fire Department should not be operating under two
SOP's and that it should be changed to be the Fire Departments SOP's.
Mayor Sanders thanked Mr. Opipare and Mr. Jensen for the presentation, and stated that the Council would work
with the TCMUD No. 1 to come to a conclusion after their presentation to the TCMUD No. 1 Board.
No action was taken on this item.
12. Receive presentation from TCMUD No. 1 General Manager Jennifer McKnight regarding the rate change
for the water and sewer fees for Fiscal Year 2016; discussion of same.
TCMUD No. 1 General Manager Jennifer McKnight provided an update regarding the Water and Sewer Rate Study.
She advised that the TCMUD No. 1 will hold a public hearing on July 21, 2015, at 6 p.m., regarding the proposed
rates. She discussed the increased rates for both water and sewer base rates and volumetric rates, and she
discussed the recovery of reserves expended for Fort Worth Regional Water Line and Water System Study. She
added that the Town adopts the same rates as the TCMUD No. 1 for water and sewer, and that the Council will
have to consider the annual Capital Improvements and Maintenance charge. Additionally, she welcomed citizens
to email any comments to info@tcmud.org
Mayor Sanders thanked Mrs. Knight for her presentation.
No action was taken on this item.
13. Consider and take appropriate action regarding an Interlocal Agreement between the Town and
Northwest Independent School District for:
A. School Resource Officer services for Fiscal Year 2015-2016; and authorizing the Mayor or his
designee to execute all necessary documents; and
B. School Resource Officer/Absent Student Assistance Program for Fiscal Year 2015-2016; and
authorizing the Mayor or his designee to execute all necessary documents.
Attachment I - Partially Executed —Interlocal Agreement with NISD for School Resource Officer; and
Attachment J — Partially Executed —Interlocal Agreement with NISD for School Resource Officer/Absent Student
Assistance Program
Mayor Sanders provided a brief overview of both Interlocal Agreements and their purpose. He added that the
initial discussion for how the K-9 services could be funded and structured was through an ILA with the School
District, which may allow services outside of the Town. He stated that there are funding aspects to consider, and
discussed an alternative option to fund the K-9 services through Item No. 14, Budget Amendment No. 2, without it
being a part of the ILA with the School District.
Town Manager Seidel stated that there are several citizens passionate about this topic and advised that tonight is
an opportunity for the Council to consider adding a program to the Police Department for K-9 services. He stated
that Police Chief Arata has done a great amount of research for this program.
Police Chief Arata introduced Denton County Sheriff William Travis, Denton County Chief of the Family Law
Division Allison Sartin, and Bedford Police Officer Andrew Versocki. He stated that he and Police Staff have done a
review on issues within the Town and how to begin resolving those issues, one being a narcotic issue within Town
and around the schools. He reviewed different options for having a K-9 program, including a dual purpose canine
Town Council Minutes July 14, 2015 Page 6 of 159
and the benefits it would have for the Town. He stated that this program is the best tool to prevent and detour
the negative activities that the Town has today.
Denton County Sheriff Travis thanked the Council for the opportunity to speak to them, and stated that their K-9
program has been very successful and has been in operation for about a year and a half. He strongly suggested
that the Council approve the program, which will be a great asset to the Town.
Police Chief Arata discussed the benefits that the K-9 program would make, including providing alerts if narcotics
are detected, saves time locating hidden narcotics, and will be a deterrent for drugs at the schools. He
recommended that the Town severe the K-9 service from the SRO ILA and to fund the program from the general
fund in order to use the canine at the Towns discretion and still support the schools.
Town Manager Seidel stated that Item No. 14, Budget Amendment No. 2, funds are allocated for a K-9 program,
which is independent from the SRO ILA. He added that the Council has the option to approve the SRO ILA without
K-9 services but then the Council could adopt the Budget Amendment to include the K-9 services program.
Main Motion:
Motion made by Council Member Shoffner, seconded by Council Member Kurtz, to approve the Interlocal
Agreement for School Resource Officer with the removal of the K-9 Services, and to approve the Interlocal
Agreement for School Resource Officer and Absent Student Assistance Program.
Changes to the Interlocal Agreement with NISD for School Resource Officer: (Town Secretary Note: The strike
through areas represents language that was removed based on the motion.)
Caption
Interlocal Agreement by and between The Town of Trophy Club, Texas and Northwest Independent School District
for School Resource Officer and- "9 ^^�
Duties of School Resource Officer (Bullet Point No. 22)
\A/.,rLr,yowth Town V_O Officer to p vide V_O S Dis;+riet facili+i^1;
Funding/Consideration (First Paragraph)
Funding for the School Resource Officer and K 9 services provided by Town shall be provided as follows:
Funding/Consideration (Third Paragraph)
Town Employee (First Sentence)
The School Resource Officer ^^d the U -9 Offi,.^r shall at all times remain employees of the Town subject to the
personnel policies of the Town and General Manual of the Trophy Club Police Department.
Motion to Amend:
Motion to Amend made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to remove the K-9
Services from Item No. 13, and based on information that Police Chief Arata can provide regarding the costs to
operate an independent K-9 service, move the program into the Budget under Item No. 14, in order to fund the
program in a different way.
Town Council Minutes July 14, 2015 Page 7 of 159
Council Member Parrow stated that he would like to satisfy the request of the citizens that were in support of the
program, and that he supports the Police Chief and the K-9 Services program.
Council Member Shoffner clarified that the Town has funding already available to start the program that is outside
of the CCPD budget.
Council Member Rowe advised that the Motion to Amend is congruent with the Main Motion regarding the
removal of the K-9 Services. Additionally, he stated that for Item No. 17, he would like the ability to direct the
Town Manager to include an item in the Fiscal Year 2016 Police Department Budget that would allocate $200,000
from the General Fund to establish a new Trophy Club Police Department Drug Mitigation Program, which would
provide funding for any new or expanded aspect of drug enforcement within the Town.
Withdrew Motion to Amend:
Council Member Parrow and Mayor Pro Tem Lamont agreed to withdraw the Motion to Amend.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to table Item No. 13 and move to
Item No. 14.
Motion failed for lack of majority 2-4-0 with Mayor Pro Tem Lamont and Council Member Parrow voting for, and
Mayor Sanders, and Council Members Rowe, Kurtz and Shoffner voting against.
The vote for the Main Motion was taken.
Motion passed unanimously.
14. Consider and take appropriate action regarding an Ordinance amending the Fiscal Year 2014-2015
Budget of the Town (Budget Amendment No. 2).
Attachment K—Ordinance No. 2015-14
Motion:
Motion made by Council Member Shoffner, seconded by Council Member Rowe, to approve Ordinance No. 2015-
14, Budget Amendment No. 2, amending the Fiscal Year 2014-2015 Budget of the Town.
Council Member Shoffner stated that the Town has funding for the K-9 Service Program with secondary funding in
the CCPD Budget for $25,000, and any unused funds could be applied for additional item(s).
Mayor Pro Tem Lamont read a portion of the Staff Report "The unspent amount is approximately $27,000 and
rather than repay NISD, they have agreed to allow the Town to use the funds on other items to benefit the schools
and SRO program. The $27,000 is proposed to be used for a dual purpose K-9 and body cameras for the SRO's".
The vote was taken.
Motion passed unanimously.
Mayor Sanders asked if anyone would like to speak regarding the items at hand and stated that he appreciated all
the input from the citizens.
(Town Secretary Note: Sandra Millet; Stephanie Baker; Kim Egan; John Lynch; Lisa Kaiser; Angie Glueck; Michelle
Snell; Jennifer Winmill; Twyla Berry; Heather Waddle; Dena Boudreau; Meredith Garland; Candace Angelo; Scott
Johnson; Kathy McKie; Skip McKie; Gregory Wilson; Marie Frank; Brian Brennan; Robin Conarty; Dean Murray; and
Ursula Roberts filled out a Speaker Request form but did not wish to speak after all the discussion.)
Police Chief Arata thanked the Council for approving the K-9 program.
Town Council Minutes July 14, 2015 Page 8 of 159
Council Member Shoffner commented that he was skeptical when the program was first introduced but he did a
large amount of research and heard from several citizens about issues at the schools. He stated that he has the
greatest respect for the Police Chief and that he is making a difference within the Police Department, and that the
Town is a much safer place because of him.
Council Member Kurtz discussed the dangers of social media, and stated that Council strives to choose the best
option for the entire comprehensive and long term approach to the issues at hand.
Mayor Pro Tem Lamont commented that has been for the K-9 program since it was first introduced.
Council Member Parrow stated that what encourages him is the turnout from the citizens to support the Police
Chief and Police Department.
15. Discuss and provide direction to Town Staff regarding the Interlocal Agreement for Contractual
Personnel Services with the Trophy Club Municipal Utility District No. 1.
Town Manager Seidel stated that Town Staff and TCMUD No. 1 Staff have discussed the current Interlocal
Agreement for Contractual Personnel Services, known as the SEMO contract. He added that some items are
obsolete with some items remaining, which includes: Svore/Annex mowing; Information Technology Services for
Fire; and Janitorial Services. He stated that the Town provides Community Development permitting and
collections services and Human Resource services for the Fire Department employees for the TCMUD No. 1, and
TCMUD No. 1 provides utility billing for Town solid waste and drainage. He stated that Town Staff would like to
propose that the TCMUD No. 1 maintain regular maintenance of the Town's Grinder Pump. He added that there
are some items that are pending, which are: the mail sorting, front receptionist and phone calls, and phone system
maintenance.
Council Member Rowe stated that he would support the Town Manager's recommendations to Council that is
appropriate and that would simplify the process.
No action was taken on this item.
16. Consider and take appropriate action regarding acceptance of the budget adopted by the Crime Control
and Prevention District and ordering a public hearing August 11, 2015 on the budget to be held in
accordance with state law.
Motion:
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to accept the Fiscal Year 2016
Crime Control and Prevention District Budget as presented and to set the public hearing for August 11, 2015.
Motion passed unanimously.
RECESSED AT 8:39 P.M. FOR A BREAK
RECONVENED AT 8:49 P.M. INTO REGULAR SESSION
17. Receive presentation and provide direction to Town Staff regarding FY16 General Fund Expenditures
and Supplemental Items; discussion of same.
Assistant Town Manager/CFO Glickman provided the Fiscal Year General Fund Expenditures and Supplemental
Items presentation, which included: Overview of Personnel, Services/Supplies, and Capital.
Discussion took place regarding the proposed stipend of $750 per employee for EMS, and there was consensus to
leave it as is for the full amount, and that the TCMUD No. 1 could reimburse the Town if they choose to do so.
Town Council Minutes July 14, 2015 Page 9 of 159
Council Member Rowe stated that based upon the proposed twice a year point/performance base merit
distribution there is potential for an employee to receive a four percent merit increase. He encouraged Town Staff
to find a way to have employees who are higher performers, receive a higher percentage and for those who are
not, to receive a lesser percentage. He added that he would like to see the tier evaluation again.
Assistant Town Manager/CFO Glickman commented that if an employee is not meeting expectations then they
would not receive a merit increase.
Parks and Recreation Director Adams stated that there is only one unit on the NEOS designed for little children,
and if it was moved to either Independence West or East, the school aged kids would probably use it. He stated
that it is being poorly utilized at Harmony Park and they would most likely see an increased usage if it was moved
to the baseball fields, which is near the school.
Discussion took place regarding reviewing placing a toddler playground at Harmony Park.
Town Manager Seidel stated that the current Comprehensive Plan is approximately 20 years old and stated that a
current Plan is important because it gives an overview of what the Town's vision is for the community, which is
important for development purposes. He added that as the Town is reaching build out, the Plan will assist with
how re -development will occur.
Council Member Rowe agreed that there is a need for a Comprehensive Plan, but believed it may be better to find
a way to have the first payment in Fiscal Year 2017 in order to allow for planning and finding a firm.
Mayor Sanders commented to leave in the supplemental Firefighter/Paramedic position but he is not sure he
completely supports it because he believes that the Town provides more frequent outside services to sister
communities than they provide to the Town.
Council Member Rowe stated that he would like to see the items for all services and supplies listed together and
then list the department to the side of their services and supplies.
Assistant Town Manager/CFO Glickman continued with Capital and Equipment Replacement and Supplemental
Items.
Council Member Shoffner commented that he would like the Organized Sports Council subcommittee to discuss
Capital Replacement with Soccer, regarding replacement of the Harmony Park bleachers. He added that he would
like to identify what all it would take to replace everything at the four fields and then the subcommittee can go
over that with the Soccer Association.
Council Member Rowe asked to evaluate extending all the slide runs because he has observed issues with all of
them except one.
Discussion took place regarding the monument signs at Harmony Park, Independence Park West, and the pool,
along with an added monument sign at Freedom Park.
Council Member Kurtz commented that he does not agree with the $50,000, but added that the proposed funds
would fix the proposed signs structure and would include changing of the Town's logo.
Town Manager Seidel stated that the $50,000 is an upper limit placeholder and added that this requires skilled
labor to do the masonry, add/repair electrical, and foundation repair. This would help dress up the Town's
entryways, and will be an investment that will last for an extended period of time.
Council Members Rowe and Kurtz commented that they would pull the Pergola Shade Structure for the Bocce Ball
Court.
Town Council Minutes July 14, 2015 Page 10 of 159
Council Member Rowe commented that he would like to see a competing proposal that would be contracting with
a managed IT vendor for the Intern/Part-Time Network Specialist that would provide network and desktop support
to Town Employees. Additionally, he commented that he believes Public Safety items should not be in
Supplemental Items.
Assistant Town Manager/CFO Glickman continued his presentation, which included: Manager's Office.
Council and Town Manager Seidel discussed the Volunteer Appreciation Dinner, including possible dates.
Assistant Town Manager/CFO Glickman continued his presentation, which included: Legal and Police.
Council Member Rowe stated that he would like to see an item in the budget for Fiscal Year 2016 for the Police
Chief to have sole discretion, with the Town Manager, over an allocation of $200,000, specifically for Police
expenditures related to new or expanded activities for drug enforcement. He added that it would have
stipulations that any program that is started or any purchases that has ongoing cost, once the $200,000 is
exhausted, the items would have to be covered under the regular budget.
Discussion took place regarding the options to allocation funds for multiple years, to allow the Police Chief to come
up with a plan for funding each year, to have the amount of the $200,000 that is unused carry over to the next
year, or to have a smaller amount reoccurring each year.
Council Member Parrow commented that he would prefer that the Police Chief tell the Council the amount that he
needs.
Assistant Town Manager/CFO Glickman stated that the Council has the ability to assign fund balance or commit
fund balance that would roll over into future years. He added that he will bring the item for the Council's
consideration to either assigning or committing $200,000 of the fund balance. He continued his presentation,
which included: EMS; Streets; Medians; Parks; Recreation; Community Events; Planning and Zoning; Community
Development; Finance; Municipal Court; Human Resources; Information Services; Facility Management;
Expenditure Summary; and the Budget Summary.
Mayor Sanders commented that Fire/EMS and Police Public Safety should be able to use hotel occupancy tax (HOT)
funds, which is not what the law allows currently but the Council should make an effort to get to their Senators
and Representatives so that in a couple of years something might be considered.
Discussion took place regarding having another budget amendment at the end of the year for HOT funds to be
applied to the 2015 fireworks.
Town Manager Seidel stated that he is proposing to move forward with the engineering and design of Marshall
Creek from Meadow Creek to the Round -About for next fiscal year.
Discussion took place related to the Crime Control and Prevention District Board voting to fund $2 million for debt
service at their last meeting, and that an Interlocal Agreement would not be executed until the debt was issued.
No action was taken on this item.
Town Council Minutes July 14, 2015 Page 11 of 159
18. Consider and provide direction to Town Staff regarding an amendment to the Ordinance creating the
Parks and Recreation Board to amend the number of seats on the Board and to allow the Town Council
to select the Board's Chair.
Mayor Sanders stated that he had communication with Parks and Recreation Board Chair Hayley Little and that
from her perspective she would prefer reducing the members to nine, as opposed to reducing to seven members,
and that the Board should be able to select the Chair.
Council Member Shoffner stated that he would like to see the amount of members changed to seven members
and allow Council to select the Chair because from his observation as the Parks and Recreation Board Council
Liaison, he has seen a number of meetings where members are either late or absent. He added that if there were
specific items that needed to be addressed, a sub -committee could be formed.
Council Member Rowe supported the number of members to be changed to seven, and encouraged the Board to
form an Ad Hoc Committee for any project(s) that are needed.
Mayor Sanders asked to have the Ordinance amended and presented before Council for consideration in August,
which will include amending the number of members from eleven to seven members, allow Council to appoint
their Chair, and change the term from three years to two year terms.
No action was taken on this item.
19. Discuss and provide direction to Town Staff regarding the 2008 Interlocal Cooperation Agreement for Fire
Protection Services with the Trophy Club Municipal Utility District No. 1.
Mayor Sanders stated that at a previous Council meeting, there was discussion that this agreement had wording
that allowed the TCMUD No. 1 to service areas that were not in their district and outside of the Public
Improvement District (PID). He advised that the TCMUD No. 1 has since then pointed out issues within the
agreement which include: In the second Whereas, the word "employ"; Possibly add inspections to the duties under
Section 2.01 (B); Section 3.01 (A), Budget, will need to be amended to be consistent to what is agreed upon as
operating procedures; Section 3.01 (B) (2) does not identify areas outside of the PID; Section 3.01 (B) (4) needs to
be addressed because it states "All funds that are not expended during the course of this agreement will be
applied to the next year's budget", which appears that this is not being implemented; Section 3.01 (C), Payment, is
not being followed and does not address delinquent charges; Section 5.01, Default/Termination, should have a
Memorandum of Understanding that while this agreement is being modified, neither party can execute the aspect
of calling a breach of its obligations.
Discussion took place regarding delineating the areas of concern, and regarding delinquent charges within Section
3.01 (C), Payment.
Mayor Pro Tem Lamont requested to seek Legal Advice regarding Item No. 19.
EXECUTIVE SESSION
20. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A Section 551.071(2) Consultation with Attorney to consult with its attorney on a matter in which the
duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflict with the Open Meetings Act:
Legal Advice relative to Regular Agenda Item No. 19
Town Council Minutes July 14, 2015 Page 12 of 159
B. Section 551.074(a)(1) Personnel Matter. To discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline or dismissal of a public officer or employee:
Town Secretary/RMO, Holly Fimbres
C. Texas Government Code Section 551.087 Deliberation Regarding Economic Development Negotiations
to discuss or deliberate the offer of financial or other incentives to a business prospect that the Town
seeks to have locate within the territory of the Town:
Term Sheet Agreement for Incentive
CONVENED INTO EXECUTIVE SESSION - START TIME —11:07 P.M.
RECONVENED INTO REGULAR SESSION - START TIME —12:14 A.M.
RECONVENE INTO REGULAR SESSION
21. Consider and take appropriate action regarding the Executive Session.
Agenda Item No. 20 (C): Motion made by Council Member Rowe, seconded to Mayor Pro Tem Lamont, to
authorize the Town Manager to execute a Term Sheet for Economic Development prospect as discussed in
Executive Session.
Motion passed unanimously.
Agenda Item No. 20 (B): Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to
authorize the Mayor to sign a two year Employment Agreement with Town Secretary Holly Fimbres effective July
15, 2015, based on her performance review, expiration of six month trial period, and completion of the Texas
Registered Municipal Clerk certification.
Motion passed unanimously.
22. Town Council Liaison Updates; discussion of same.
*Economic Development Corporation 4B, July 6, 2015
Council Liaison - Council Member Rhylan Rowe
Provided update, no action taken, just discussion.
23. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding
same.
• Lakeview Soccer
• July 4th Celebration
• Laserfiche
• Pebble Beach
• Holiday Inn
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
24. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for July 28, 2015 meeting and discussion of Future Agenda Items, to include
discussion of the below items from the Future Agenda list:
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.
Town Council Minutes July 14, 2015 Page 13 of 159
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.
A. 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) (3 -July -14)
B. Discussion of possible uses of hotel occupancy tax funds, including the ability to use the funds for
Trophy Club Park. (Lamont and Kurtz 4/14/2015) (1 -July 14)
Council Member Rowe advised that he spoke with Police Chief Arata and that the intent is to have the parking on
Parkview and Park Lane item on the August 11, 2015, Council Agenda.
Mayor Sanders stated that the July 28, 2015, Council Agenda will be focused on the new Police and Town Hall
facility, proposed Charter Amendments, and Budget items. Therefore, the following items from the Town Council
Future Agenda Items List would be delayed until August: Discussion and action related to town
garage/special/estate/moving sales, etc.; Review of ordinance to allow golf carts but not including special vehicles;
and Discussion of and take appropriate action regarding the Town involvement with the kickball organization for
scheduling and establishing a body to represent the kickball players. Additionally, he stated that Agenda Item No.
24 (B) would be delayed until August.
Discussion took place that Council Member Shoffner will not be able to attend the August 11, 2015, Council
meeting but will participate remotely using video conferencing, and will be required to be remotely connected for
the entire meeting. Therefore, Mayor Sanders asked to keep the August 11, 2015, Council Agenda limited to focus
on calling the Bond Election and proposed Charter Amendments.
ADJOURN
Mayor Sanders adjourned the meeting at 12:37 a.m.
*HollyHirr�bs, Town Secretary/RMC)
Town of Trophy Club, Texas
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
Town Council Minutes July 14, 2015 Page 14 of 159
ATTACHMENT A
Non -Exclusive Use Agreement with TCR Youth Baseball Association
Town Council Minutes July 14, 2015 Page 15 of 159
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, Capital improvement cost participation and other partnership opportunities
shall be pursued and 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:
Town Council Minutes July 14, 2015 Page 16 of 159
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 February 1, 2016 and
shall end on January 31, 2017, unless otherwise terminated as provided herein.
After the initial term has expired, this contract will automatically renew for three
(3) additional terms of one (1) year each, provided that such renewal is not
contested by either party within sixty (60) 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 park 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,
Season and the Fall 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 thirty dollars ($30.00) per
child for each child who enrolls in the recreation division of the TCRYBA baseball
program and forty dollars ($40.00) per child for each child who enrolls in the
select division of the TCRYBA baseball program. No later than the twenty-first
(215) day after the commencement of regular season game play for the Spring
Season and for the Fall 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.
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 17 of 159
III.
USE SCHEDULING/REGISTRATION
3.01 Regular Season. The "Spring Season" shall run from the first week of February
through the fourth week of June and the "Fall Season" shall run from the second
week of August through the fourth week of November, and shall include tryouts,
all practice and league games, tournaments and make-up games.
3.02 Tournaments. Upon thirty (30) days written notice and approval of proposed
scheduling by TOWN, TCRYBA shall be allowed to schedule the Recreation All-
Star Tournament for no cost during the Spring Season. For any additional
tournaments, 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 TCRYBA, 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.
The TOWN shall schedule one (1) day per week for each field on which TCRYBA
will not be allowed use of at Independence Park for either practice or games. The
proposed schedule shall be submitted to TCRYBA thirty (30) days prior to the
commencement of regular season practice for both the Spring Season and for
the Fall Season.
The Town reserves the right to use any field or facility located at Independence
Park for purposes other than baseball upon submitting the scheduled use to
TCRYBA ninety (90) days prior to that use.
3.04 Registration. During the registration period for both the Spring Season and the
Fall Season, TCRYBA shall provide priority registration for residents of the Town
of Trophy Club and the City of Roanoke by establishing a minimum of a three (3)
week period of time at the commencement of the registration period when only
residents of Trophy Club and residents of Roanoke may register for the season.
At the end of the priority registration period, registration shall also be opened to
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 18 of 159
residents of other communities. Additionally, in order for the TOWN to control
field usage and to establish capacity limits for field usage, TCRYBA shall restrict
the maximum number of participants allowed to register based upon the
maximum number of weekly practice slots available.
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 19 of 159
IV.
MAINTENANCE RESPONSIBILITIES
4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for routine
maintenance of Independence Park, including the following:
1. watering;
2. loose trash and debris removal on grounds and common areas;
3. mowing;
4. over -seeding (as needed/allowed);
5. fertilization;
6. aerification;
7. top dressing;
8. turf management
9. irrigation;
10. striping of game fields, for TCRYBA scheduled games and tournaments;
11. restrooms;
12. lighting; 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.
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Town Council Minutes July 14, 2015 Page 20 of 159
C. Bagged Trash: TCRYBA shall be responsible for emptying all trash
receptacles and properly disposing of all bagged trash that accumulates at
facilities utilized by TCRYBA during regular season game play.
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
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 Season and the Spring
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 Partnership Opportunities. TCRYBA shall diligently pursue any actions or
opportunities that will reduce the maintenance and operational costs of both
TCRYBA and TOWN, including without limitation, additional tournaments, capital
improvement initiatives 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.
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 21 of 159
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 Superintendent and/or designee, at their sole discretion, may close
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 to the foregoing, all of a portion of Independence Park may be
closed for repair, remodeling, overseeding or other maintenance. 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 exclusive 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.
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 22 of 159
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
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
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 23 of 159
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
2015 Non -Exclusive Use Agreement with TCRYBA
Page 9 of 16
Town Council Minutes July 14, 2015 Page 24 of 159
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. The TCRYBA fails to maintain a simple majority of Board Members who
reside in Trophy Club or Roanoke and neither the position of President, Vice -
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 25 of 159
President of Recreation, Treasurer nor the position of Secretary of TCRYBA
is held by a resident of the Town of Trophy Club; and
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 sixty (60) 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 sixty (60) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
IX.
REMEDIES AND PENALTIES
9.01 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.
9.02 Penalties. In addition to all other rights and remedies of TOWN under the terms of
this Agreement and Town Ordinance, as a penalty for violation of any of the terms or
conditions of this Agreement or of a Town Ordinance when such violation results in
damage to TOWN property or facilities, TCRYBA shall pay the actual cost of the repair
of such damage plus a fifty dollar ($50.00) fee per hour for each TOWN staff person
utilized to make the repair. Further, in addition to the foregoing penalty and all other
remedies legally available to TOWN, in the event that participants, guests or spectators
at a TCRYBA scheduled activity engage in any action or behavior, whether intentional
or negligent, that causes or results in damage to TOWN property, TCRYBA shall pay
the actual cost of the repair of such damage plus a fifty dollar ($50.00) fee per hour for
each TOWN staff person utilized to make the repair.
X.
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Town Council Minutes July 14, 2015 Page 26 of 159
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.
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Town Council Minutes July 14, 2015 Page 27 of 159
XII.
GENERAL REQUIREMENTS
12.01 Financials. TCRYBA shall provide financials to the Town on or before the last
Monday in February for the previous Fall Season, and on or before the last
Monday in August for the previous Spring 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 Season and the Fall 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 Season and the Fall 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.
WITNESS: TCR YOUTH BASEBALL ASSOCIATION
By:
Watson, President
Youth Baseball Association
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 28 of 159
ATTEST: TOWN OF TROPHY CLUB, TEXAS
By:
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
By:J
(;p
Holly Fimbr , Town Secretary
Town of Trophy Club, Texas
v
APPROVED AS TO FORM:
By:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
2015 Non -Exclusive Use Agreement with TCRYBA
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Town Council Minutes July 14, 2015 Page 29 of 159
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
Th' s instrument was acknowledged before me on the A t l day of
, 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXXN, a home rule municipal corporation, on behalf of such corporation.
STATE OF TEXAS §
COUNTY OF DENTON §
QW -1 %�Ra_
Notary Oublic in and or the
State of Texas
i This instrument was acknowledged before me on the I �� day of
1 uk(�i '-T� , 2015 by John Watson, President of the TCR YOUTH
BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation.
2015 Non -Exclusive Use Agreement with TCRYBA
-L,\ Jan 1 �
IN-ofary Pubic in and for the
State of Texas
Page 15 of 16
Town Council Minutes July 14, 2015 Page 30 of 159
E_n�
HOLLY FIMBRES
Notary Public
STATE OF TEXASMycomet7/1=9
2015 Non -Exclusive Use Agreement with TCRYBA
-L,\ Jan 1 �
IN-ofary Pubic in and for the
State of Texas
Page 15 of 16
Town Council Minutes July 14, 2015 Page 30 of 159
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
2015 Non -Exclusive Use Agreement with TCRYBA
Page 16 of 16
Town Council Minutes July 14, 2015 Page 31 of 159
ATTACHMENT B
Partially Executed — Interlocal Agreement for Installation of Illuminated Signs with Westlake
Town Council Minutes July 14, 2015 Page 32 of 159
INTERLOCAL AGREEMENT FOR INSTALLATION OF ILLUMINATED SIGNS
This Interlocal Agreement ("Agreement") is made and entered into by and between the TOWN
OF WESTLAKE, a Type A General Law Municipality located in Denton and Tarrant Counties of the
State of Texas ("WESTLAKE") and, the TOWN OF TROPHY CLUB, a home rule municipality
located in Denton and Tarrant Counties of the State of Texas ("TROPHY CLUB"), for the purpose of
participating in a joint project to install illuminated street name signs within the respective parties'
jurisdictions (hereinafter "Project").
WHEREAS, WESTLAKE obtained proposals for the Project and contracted for the installation
of illuminated street name signs within WESTLAKE; and
WHEREAS, TROPHY CLUB has determined it appropriate to install illuminated street name
signs within TROPHY CLUB; and
WHEREAS, the installation of illuminated name street signs is a governmental function that
each party to this Agreement is authorized to perform; and
WHEREAS, the performance of that governmental function and the costs for the Project shall be
paid from current revenues legally available to each party for their respective portion of the Project; and
WHEREAS, the governing bodies for WESTLAKE and TROPHY CLUB find that this
Agreement serves the common interest of both parties, provides for a fair division of costs between the
parties as each will pay the costs of signs installed within its respective jurisdiction, and will benefit the
public; and
NOW, THEREFORE, WESTLAKE and TROPHY CLUB, for the mutual promises,
covenants, Agreements and consideration stated herein, agree as follows:
SECTION 1
PROJECT DESCRIPTION
WESTLAKE shall contract with a third party for the installation of illuminated street name
signage within WESTLAKE and TROPHY CLUB, and WESTLAKE shall include in the scope of
work for that contract two (2) illuminated street name signs to be installed at the intersection of Trophy
Club Drive and State Highway 114 Service Road (eastbound and westbound directions) within TROPHY
CLUB. A diagram depicting the approximate location of the signs is attached hereto and incorporated
herein as Exhibit "A". The illuminated street name signs shall meet the specifications set forth in
Exhibit "B", a copy of which is attached hereto and incorporated herein. WESTLAKE shall serve as the
Manager for the Project.
SECTION 2
CONSIDERATION
In consideration for WESTLAKE's service as Manager of the Project, TROPHY CLUB shall
pay WESTLAKE an amount not to exceed ELEVEN THOUSAND FOUR HUDNRED NINETY
FIVE AND NO/100 DOLLARS ($11,495.00) within thirty (30) days after completion of the Project and
TROPHY CLUB's acceptance of the illuminated street name signs installed within TROPHY
CLUB.
Page 1 of 6
Town Council Minutes July 14, 2015 Page 33 of 159
SECTION 3
MISCELLANEOUS PROVISIONS
3.01 Applicable Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable in Denton County, Texas. Venue for any action arising under this Agreement shall
lie in the state district courts of Denton County, Texas.
3.02 Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original and all of which shall constitute one and the same document.
3.03 Entire Agreement. This Agreement represents the entire agreement between WESTLAKE and
TROPHY CLUB and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument approved by the
governing bodies of both WESTLAKE and TROPHY CLUB and executed by those authorized
to sign on behalf of the respective governing bodies.
3.04 Immunity and Defenses. It is expressly understood and agreed that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not create
any obligations, express or implied, other than those set forth herein, and this Agreement shall not
create any rights in parties not signatories hereto.
3.05 Severability Clause. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of
competent jurisdiction to be contrary to law or contrary to any rule or regulation have the force
and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid
provision had never been included.
3.06 Assignment. This Agreement shall be binding upon the parties hereto, their successors, and
assigns. Neither of the Parties shall assign or transfer an interest in this Agreement without the
express written consent of the other party.
3.07 Termination. This Agreement may be terminated in whole or in part with or without cause by
WESTLAKE or TROPHY CLUB upon fifteen (15) days written notice to the other party by
certified mail, return receipt requested, with notice of termination being provided to the non -
terminating party and directed to the attention of the non -terminating party's Town Manager.
3.08 No Joint Venture or Agency. The relationship between the parties to this Agreement shall not
be construed or deemed to create a partnership or joint venture between the parties. This
Agreement does not appoint any party as agent for the other party.
3.09 Effective Date. The effective date of this Agreement shall be the last day this Agreement is
approved by a party hereto as indicated on the signature blocks below (the "Effective Date").
Page 2 of 6
Town Council Minutes July 14, 2015 Page 34 of 159
EXECUTED in duplicate originals on the dates set forth below.
TOWN OF TROPHY CLUB
ATTEST:
oily Fimbr s, Town Secretary
Town of Trophy Cl
[SEAL]
TOWN OF WESTLAKE
ATTEST:
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
Laura Wheat, Mayor
Town of Westlake, Texas
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
Town of Westlake, Texas Town of Westlake, Texas
[SEAL]
Page 3 of 6
Town Council Minutes July 14, 2015 Page 35 of 159
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of , 2015,
by of Town of Westlake, Texas, a Type A General law municipality of the
State of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
STATE OF TEXAS
Id
COUNTY OF DefAcn § ' L
n Tis instrument was acknowledged before me on the d' Iay of , 2015,
by C, of the Town of Trophy Club, Texas, a home -rue municipal
corporation, on behalf of said political subdivision.
n_IVI 0
Notary Pu lic, State of fexas
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Page 4 of 6
Town Council Minutes July 14, 2015 Page 36 of 159
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ATTACHMENT C
Partially Executed — Interlocal Cooperation Agreement for Ad Valorem Tax Collection with Denton County
Town Council Minutes July 14, 2015 Page 39 of 159
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR TAX COLLECTION
BETWEEN DENTON COUNTY, TEXAS, AND CITY/
TOWN OF TROPHY CLUB, TEXAS
THIS AGREEMENT is made and entered into this 14th day of July 2015,
by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," and, the Town of Trophy Club,
Denton County, Texas, also a political subdivision of the State of Texas, hereinafter
referred to as "MUNICIPALITY."
WHEREAS, COUNTY and MUNICIPALITY mutually desire to be subject to
the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation
Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and;
WHEREAS, MUNICIPALITY has the authority to contract with the COUNTY
for the COUNTY to act as tax assessor and collector for MUNICIPALITY and
COUNTY has the authority to so act;
NOW THEREFORE, COUNTY and MUNICIPALITY, for and in
consideration of the mutual promises, covenants, and agreements herein contained, do
agree as follows:
Page 1 of 13
Town Council Minutes July 14, 2015 Page 40 of 159
I.
The effective date of this Agreement shall be the 1St day of October, 2015. The term
of this Agreement shall be for a period of one year, from October 1, 2015, to and through
September 30, 2016. This Agreement shall be automatically renewed for an additional one (1)
year term at the discretion of the COUNTY and MUNICIPALITY, unless written notice of
termination is provided by the terminating party to the other party prior to one hundred -fifty
(150) days of the expiration date of the current term of the Agreement. MUNICIPALITY
agrees to deliver this agreement no later than September 30, 2015 in manner required by
COUNTY to fully execute said collection services by COUNTY.
H.
For the purposes and consideration herein stated and contemplated, COUNTY
shall provide the following necessary and appropriate services for MUNICIPALITY to
the maximum extent authorized by this Agreement, without regard to race, sex, religion,
color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor -collector, shall
serve as tax assessor -collector for parcels in D en to n Co u my of the
MUNICIPALITY for ad valorem tax collection for tax year 2015, and each tax year for
the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem
assessing and collecting duties for MUNICIPALITY and MUNICIPALITY does hereby
expressly authorize COUNTY to do and perform all acts necessary and proper to assess
and collect taxes for MUNICIPALITY. COUNTY agrees to collect base taxes, penalties,
interest, and attorney's fees.
2. COUNTY agrees to prepare and mail all current and delinquent tax
Page 2 of 13
Town Council Minutes July 14, 2015 Page 41 of 159
statements required by statute, supplemental changes for applicable property accounts,
as well as prepare and mail any other mailing as deemed necessary and appropriate by
COUNTY; provide daily and monthly collection reports to MUNICIPALITY;
prepare tax certificates; develop and maintain both current and delinquent tax rolls,
disburse tax monies to MUNICIPALITY daily (business day) based on prior day tax
postings. COUNTY agrees to approve and refund overpayment or erroneous payment of
taxes for MUNICIPALITY pursuant to Texas Property Tax code Sections 31.11 and
31.12 from available current tax collections of MUNICIPALITY; meet the
requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such
other records and forms as are necessary or required by State law, rules, or regulations.
3. COUNTY further agrees that it will calculate the effective tax rates and
rollback tax rates for MUNICIPALITY and that such calculations will be provided at
no additional cost to MUNICIPALITY. The information concerning the effective and
rollback tax rates will be published in the form prescribed by the Comptroller of Public
Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code.
MUNICIPALITY shall notify tax assessor -collector no later than July 25th of each year
that MUNICIPALITY wishes publication of forms or notices specified in this section.
MUNICIPALITY further agrees that if COUNTY calculates effective and rollback tax
rates, COUNTY shall publish the required notices on behalf of MUNICIPALITY.
It is understood and agreed by the parties that the expense of publication shall be borne
by MUNICIPALITY and that COUNTY shall provide MUNICIPALITY's billing
address to the newspaper publishing the effective and rollback tax rates.
Page 3 of 13
Town Council Minutes July 14, 2015 Page 42 of 159
4. COUNTY agrees, upon request, to offer guidance and the necessary forms
for posting notices of required hearing and quarter -page notices as required by Sections
26.05 and 26.06 of V.T.C.A. Tax Code and Section 140.010 of Local Government
Code, if MUNICIPALITY requests such 7 days in advance of the intended
publication date, COUNTY agrees to manage all notices and publications on behalf of
MUNICIPALITY if request is received no later than July 25th. MUNICIPALITY must
approve all calculations and notices, in the format required by COUNTY, before
publication may proceed. The accuracy and timeliness of all required notices are the
responsibility of MUNICIPALITY.
5. Should MUNICIPALITY vote to increase its tax rate above the rollback
tax rate the required publication of notices shall be the responsibility of
MUNICIPALITY.
6. COUNTY agrees to develop and maintain written policies and procedures
of its operation. COUNTY further agrees to make available full information about the
operation of the County Tax Office to MUNICIPALITY, and to promptly furnish
written reports to keep MUNICIPALITY informed of all financial information affecting
it.
7. MUNICIPALITY agrees to promptly deliver to COUNTY all records
that it has accumulated and developed in the assessment and collection of taxes, and to
cooperate in furnishing or locating any other information and records needed by
COUNTY to perform its duties under the terms and conditions of this Agreement.
Page 4 of 13
Town Council Minutes July 14, 2015 Page 43 of 159
8. COUNTY agrees to allow an audit of the tax records of
MUNICIPALITY in COUNTY'S possession during normal working hours with at least
48 hours advance, written notice to COUNTY. The expense of any and all such audits
shall be paid by MUNICIPALITY. A copy of any and all such audits shall be furnished
to COUNTY.
9. If required by MUNICIPALITY, COUNTY agrees to obtain a surety
bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the
faithful performance of the Tax Assessor/Collector's lawful duties, will be made payable
to MUNICIPALITY and in an amount determined by the governing body of
MUNICIPALITY. The premium for any such bond shall be borne solely by
MUNICIPALITY.
10. COUNTY agrees that it will post a notice on its website, as a
reminder that delinquent tax penalties will apply to all assessed taxes which are not
paid by January 31, 2016. COUNTY agrees to mail a reminder notice to delinquent
property accounts in the month of February notifying that delinquent tax penalties will
apply to all assessed taxes which are not paid by January 31, 2016. The reminder
notices will be mailed between February 5th and February 28th.
11. COUNTY agrees that it will post to a secure website collection reports for
MUNICIPALITY listing current taxes, delinquent taxes, penalties and interest on a daily
basis through September 30, 2016. COUNTY will provide monthly Maintenance and
Operation (hereinafter referred to as "MO"), and Interest and Sinking (hereinafter
referred to as "IS") collection reports; provide monthly recap reports; and provide
monthly attorney fee collection reports.
Page 5 of 13
Town Council Minutes July 14, 2015 Page 44 of 159
12. MUNICIPALITY retains its right to select its own delinquent tax
collection attorney and COUNTY agrees to reasonably cooperate with the attorney
selected by MUNICIPALITY in the collection of delinquent taxes and related activities.
13. MUNICIPALITY will provide COUNTY with notice of any change in
collection attorney on or before the effective date of the new collection attorney
contract.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act
on behalf of the County Tax Office and to serve as Liaison for COUNTY with
MUNICIPALITY. The County Tax Assessor/Collector, and/or his/her designee, shall
ensure the performance of all duties and obligations of COUNTY; shall devote sufficient
time and attention to the execution of said duties on behalf of COUNTY in full
compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents,
contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes,
terms and conditions of this Agreement for the mutual benefit of COUNTY and
MUNICIPALITY.
IV.
COUNTY accepts responsibility for the acts, negligence, and/or omissions
related to property tax service of all COUNTY employees and agents, sub -contractors
and /or contract laborers, and for those actions of other persons doing work under a
contract or agreement with COUNTY to the extent allowed by law.
Page 6 of 13
Town Council Minutes July 14, 2015 Page 45 of 159
V.
MUNICIPALITY accepts responsibility for the acts, negligence, and/or
omissions of all MUNICIPALITY employees and agents, sub -contractors and/or
contract laborers, and for those of all other persons doing work under a contract or
agreement with MUNICIPALITY to the extent allowed by law.
1"
MUNICIPALITY understands and agrees that MUNICIPALITY, its
employees, servants, agents, and representatives shall at no time represent themselves to
be employees, servants, agents, and/or representatives of COUNTY. COUNTY
understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents,
and/or representatives of MUNICIPALITY.
W
For the services rendered during the 2015 tax year, MUNICIPALITY agrees
to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax
statements as follows:
1. The current tax statements will be mailed by October 10" or as soon
thereafter as practical. In order to expedite mailing of tax statements the
MUNICIPALITY must adopt their 2015 tax rate by September 29, 2015. Failure of
the MUNICIPALITY to adopt a tax rate by September 29, 2015 may cause delay in
timely mailing of tax statements. Pursuant to Texas Property Tax Code §26.05 the
MUNICIPALITY must adopt a tax rate by the later of September 30th or 60 days after
the certified appraisal roll is received. Failure to adopt and deliver a tax rate by the
later of
Page 7 of 13
Town Council Minutes July 14, 2015 Page 46 of 159
September 300i or 60 days after the certified appraisal roll is received may result in delay
of processing and mailing MUNICIPALITY tax statements. MUNICIPALITY agrees to
assume the costs for additional delayed tax statements, processing and mailing as
determined by COUNTY. Notwithstanding the provisions of the Tax Code, if
MUNICIPALITY fails to deliver the adopted tax rates (M&O and I&S) to the Tax
Assessor Collector by September 29, 2015, it may will cause a delay in the publication
and release of tax statements.
2. COUNTY will mail an additional notice during the month of March
following the initial mailing provided that MUNICIPALITY has requested such a notice
on or before February 28th. The fee for this service will be a rate not to exceed $0.69
per statement.
3. At least 30 days, but no more than 60 days, prior to April 1st, and
following the initial mailing, COUNTY shall mail a delinquent tax statement meeting the
requirements of Section 33.11 of the Texas Property Tax Code to the owner of each
parcel to the owner of each parcel having delinquent taxes.
4. At least 30 days, but no more than 60 days, prior to July 1st, and following
the initial mailing, COUNTY will mail a delinquent tax statement meeting the
requirements of Section 33.07 of the Texas Property Tax Code will be mailed to the
owner of each parcel having delinquent taxes.
5. For accounts which become delinquent on or after June 1St, COUNTY
shall mail a delinquent tax statement meeting the requirements of Section 33.08 of the
Texas Property Tax Code to the owner of each parcel having delinquent taxes.
Page 8 of 13
Town Council Minutes July 14, 2015 Page 47 of 159
6. In event of a successful rollback election which takes place after tax bills for
MUNICIPALITY have been mailed, MUNICIPALITY agrees to pay COUNTY a
programming charge of $5,000.00. COUNTY will mail corrected statements to the owner of
each parcel. COUNTY will charge a fee for this service at a rate not to exceed
$0.69 per statement pursuant to Property Tax Code Section 26.07 (f). When a refund is
required per Property Tax Code Section 26.07 (g), COUNTY will charge a $.25 processing
fee per check, in addition to the corrected statement mailing costs. Issuance of refunds, in the
event of a successful rollback election, will be the responsibility of the COUNTY.
MUNICIPALITY will be billed for the refunds, postage and processing fees.
7. MUNICIPALITY understands and agrees that COUNTY will, no later than
January 31", deduct from current collections o f t h e MUNICIPALITY the "Total Cost" of
providing all services described in paragraphs 1-5 above. This "Total Cost" includes any
such services that have not yet been performed at the time of deduction. The "Total Cost"
of providing all services described in paragraphs 1-5 above shall be the total of. $ 0.69 x the
total number of parcels listed on MUNICIPALITY's September 30, 2014 end of year Roll
for tax year 2014. In the event that a rollback election as described in paragraph 6 takes
place, COUNTY shall bill MUNICIPALITY for the applicable programming charge,
check processing fees, refunds paid, and refund postage costs. MUNICIPALITY shall pay
COUNTY all billed amounts within 30 days of its receipt of said bill. In the event costs for
additional delayed tax statements, processing and mailing are incurred as described in
paragraph 1, COUNTY shall bill MUNICIPALITY for such amounts. MUNICIPALITY
shall pay COUNTY all such billed amounts within 30 days of its receipt of said bill.
Page 9 of 13
Town Council Minutes July 14, 2015 Page 48 of 159
8. MUNICIPALITY further understands and agrees that COUNTY
(at its sole discretion) may increase or decrease the amounts charged to
MUNICIPALITY for any renewal year of this Agreement, provided that
COUNTY gives written notice to MUNICIPALITY sixty (60) days prior to the
expiration date of the initial term of the Agreement. The County Budget Office
establishes collection rates annually based on a survey of actual annual costs
incurred by the COUNTY in performing tax collection services. The collection
rate for each year is approved by County Commissioners' Court. All entities are
assessed the same per parcel collection rate.
VIIl.
COUNTY agrees to remit all taxes, penalties, and interest collected on
MUNICIPALITY's behalf and to deposit such funds into the MUNICIPALITY's
depositories as designated:
1. For deposits of tax, penalties, and interest, payment shall be by wire
transfer or ACH to MUNICIPALITY depository accounts only, and segregated into the
appropriate MO and IS accounts. Only in the event of failure of electronic transfer
protocol will a check for deposits of tax, penalty and interest be sent by mail to
MUNICIPALITY.
2. If MUNICIPALITY uses the same depository as COUNTY, the deposits
of tax, penalty and interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees
that deposits will be made daily through September 30, 2016. It is expressly understood,
however, that this obligation of COUNTY shall not survive termination of this
Agreement, whether by termination by either party or by failure of the parties to renew
this Agreement.
Page 10 of 13
Town Council Minutes July 14, 2015 Page 49 of 159
4. In event that COUNTY experiences shortage in collections as a result
of an outstanding tax debt of MUNICIPALITY, the MUNICIPALITY agrees a
payment in the amount of shortage shall be made by check or ACH to COUNTY
within 15 days after notification of such shortage.
IX.
In the event of termination, the withdrawing party shall be obligated to make such
payments as are required by this Agreement through the balance of the tax year in which
notice is given. COUNTY shall be obligated to provide services pursuant to this
Agreement, during such period.
a
This Agreement represents the entire agreement between MUNICIPALITY and
COUNTY and supersedes all prior negotiations, representations, and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by the governing bodies of both MUNICIPALITY and COUNTY or those
authorized to sign on behalf of those governing bodies.
N
Any and all written notices required to be given under this Agreement shall be delivered
or mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
MUNICIPALITY:
Town of Trophy Club
ATTN: Steven Glickman, Assistant Town Manager/Chief Financial Officer
100 Municipal Drive
Trophy Club, Texas 76262
682-831-4600 Email: sglickman@,trophyclub.org
Page 11 of 13
Town Council Minutes July 14, 2015 Page 50 of 159
MUNICIPALITY hereby designates Steven Glickman to act on behalf
of MUNICIPALITY, and to serve as Liaison for MUNICIPALITY to ensure the
performance of all duties and obligations of MUNICIPALITY as stated in this
Agreement. MUNICIPALITY's designee shall devote sufficient time and attention to
the execution of said duties on behalf of MUNICIPALITY in full compliance with the
terms and conditions of this Agreement; shall provide immediate and direct supervision
of the MUNICIPALITY employees, agents, contractors, subcontractors, and/or laborers,
if any, in the furtherance of the purposes, terms and conditions of this Agreement for the
mutual benefit of MUNICIPALITY and COUNTY.
XIII.
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties that the remaining portions shall remain valid and in full
force and effect to the extent possible.
"�
The undersigned officers and/or agents of the parties are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties. Each party hereby certifies to the other that any resolutions necessary for this
Agreement have been duly passed and are now in full force and effect.
Executed in duplicate originals this, 14th day of July 2015.
Page 12 of 13
Town Council Minutes July 14, 2015 Page 51 of 159
COUNTY
Denton County
110 West Hickory
Denton, Texas 76201
BY:
Honorable Mary Horn
Denton County Judge
ATTEST:
BY:
Juli Luke
Denton County Clerk
APPROVED FORM AND CONTENT:
Michelle French
Denton County
Tax Assessor/Collector
Page 13 of 13
MUNICIPALITY
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
BY:
Honorable C. ick Sanders
Mayor
ATTEST:
BY: l\ 1 4S
Holl'yyFFimTbres,_
Town Secretary
APPROVED AS TO FORM:
Denton County Assistant
District Attorney
Town Council Minutes July 14, 2015 Page 52 of 159
ATTACHMENT D
Partially Executed — Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC
PID No. 1 (Infrastructure Assessment)
Town Council Minutes July 14, 2015 Page 53 of 159
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR PUBLIC IMPROVEMENT
ASSESSMENT COLLECTION BETWEEN DENTON COUNTY, TEXAS AND TOWN OF
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
THIS AGREEMENT is made and entered into thisjh day of TE,�� , 2015,
by and between DENTON COUNTY, a political subdivision of the 'State of Texas,
hereinafter referred to as "COUNTY," and TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO. 1, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter
referred to as "TOWN."
WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions of V.T.C.A.
Government Code, Chapter 791, the Interlocal Cooperation Act; and
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A,
TOWN has created TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1,
hereinafter referred to as "DISTRICT," and has levied special assessments on properties within the
boundaries of the of the DISTRICT to pay the costs of certain infrastructure improvements to the
DISTRICT, and
WHEREAS, pursuant to § 372.0175 of the Texas Local Government Code, DISTRICT has the
authority to contract with the COUNTY to perform the duties of TOWN relating to collection of special
assessments levied by DISTRICT under Chapter 372, Subchapter A; and
NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual promises,
covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2015. The term of this
Agreement shall be for a period of one year, from October 1, 2015, to and through September 30, 2016.
II.
For the purposes and consideration herein stated and contemplated, COUNTY shall provide the
following necessary and appropriate services for TOWN to the maximum extent authorized by this
Agreement, without regard to race, sex, religion, color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor -collector, shall collect
DISTRICT assessments for tax year 2015. TOWN does hereby expressly authorize COUNTY and
COUNTY agrees to do and perform for TOWN all acts necessary and proper to collect said DISTRICT
assessments. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees.
1
Town Council Minutes July 14, 2015 Page 54 of 159
2. COUNTY agrees to prepare and mail all assessment statements (included on the tax
statement for each parcel), provide monthly collection reports to TOWN, maintain both current and
delinquent assessment rolls, disburse assessment monies to TOWN daily (business day) based on prior
day assessment postings, and to develop and maintain such other records and forms as are necessary or
required by State law, rules or regulations.
3. If COUNTY determines, based on DISTRICT assessment roll, that a person erred in
paying a DISTRICT assessment by making a duplicate payment or payment on the wrong account,
COUNTY agrees to refund the payment to the person who erred in making it from current DISTRICT
assessment collections. COUNTY agrees that such refund will be made as soon as practicable after
COUNTY discovers the erroneous payment. The refund shall be accompanied by a description of the
property subject to the assessment sufficient to identify the property. If the property is assigned an
account number, COUNTY shall include that number.
4. If COUNTY determines, based on DISTRICT assessment roll, that there has been an
overpayment of a DISTRICT assessment, COUNTY shall send the owner a refund application. Upon
owner's return of the accurate and fully completed refund application, COUNTY will issue, from current
DISTRICT assessment collections, a refund of the overpayment.
5. COUNTY agrees to develop and maintain written policies and procedures of its
operation. COUNTY further agrees to make available full information about the operation of the County
Tax Office to TOWN, and to promptly furnish written reports to keep TOWN informed of all financial
information affecting it.
6. TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and
developed in the collection of assessments, and to cooperate in furnishing or locating any other
information and records needed by COUNTY to perform its duties under the terms and conditions of this
Agreement.
7. COUNTY agrees to allow an audit of the assessment collection records of TOWN in
COUNTY'S possession during normal working hours with at least 48 hours advance, written notice to
COUNTY. The expense of any and all such audits shall be paid by TOWN. A copy of any and all such
audits shall be furnished to COUNTY.
8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent
assessment penalties will apply to all assessments which are not paid by January 31, 2016. COUNTY
agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying
that delinquent penalties will apply to all assessments which are not paid by January 31, 2016. The
reminder notices will be mailed between February 5th and February 28th.
9. COUNTY agrees that it will post to a secure website collection reports for TOWN
listing current assessments, delinquent assessments, and penalties and interest on a daily basis through
September 30, 2016. COUNTY will provide monthly collection reports, monthly recap reports, and
monthly attorney fee collection reports.
2
Town Council Minutes July 14, 2015 Page 55 of 159
10. TOWN retains its right to select its own delinquent assessment/collection attorney and
COUNTY agrees to reasonably cooperate with the attorney selected by TOWN in the collection of
delinquent assessments and related activities.
11. TOWN will provide COUNTY with notice of any change in collection attorney on or
before the effective date of the new collection attorney contract.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the
County Tax Office and to serve as Liaison for COUNTY with TOWN. The County Tax
Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of
COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents, contractors,
subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and TOWN.
IV.
It is understood and agreed between COUNTY and TOWN that the TOWN, in performing its
obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities
in connection therewith to third parties. It is further understood and agreed between COUNTY and
TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the
TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this
AGREEMENT is intended to benefit any third party beneficiary. TOWN agrees that it will protect,
defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and
against all claims, demands, causes of action, damages, judgments, losses and expenses, including
attorney's fees, of whatsoever nature, character, or description that any person or entity has or may have
arising from or on account of any injuries or damages received or sustained by person, persons, or
property, on account of or arising out of, or in connection with the performance of the services, including
without limiting the generality of the foregoing, any negligent act or omission of the TOWN or any
employee, officer, agent, subcontractor, servant, invitee, or assignee of the TOWN in the execution or
performance of this AGREEMENT to the extent allowed by law. This provision shall survive the
termination of this AGREEMENT.
lv
COUNTY accepts responsibility for the acts, negligence, and/or omissions of all COUNTY
employees and agents, sub -contractors and /or contract laborers, and for those actions of other persons
doing work under a contract or agreement with COUNTY to the extent allowed by law.
VI.
TOWN accepts responsibility for the acts, negligence, and/or omissions of all TOWN employees
and agents, sub -contractors and/or contract laborers, and for those of all other persons doing work under a
contract or agreement with TOWN to the extent allowed by law.
3
Town Council Minutes July 14, 2015 Page 56 of 159
VII.
TOWN understands and agrees that TOWN, its employees, servants, agents, and representatives
shall at no time represent themselves to be employees, servants, agents, and/or representatives of
COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of TOWN.
VIII.
For the services rendered during the 2015 assessment year, TOWN agrees to pay COUNTY for
the receipting, bookkeeping, issuing, and mailing of assessment statements as follows:
1. The current assessment statements will be mailed by October 10th or as soon thereafter as
practical. If TOWN does not provide COUNTY with an assessment roll identifying the assessments
levied by TOWN's governing body under Local Government Code Section 372.017 on or before
September 10, 2015, COUNTY may charge a $5,000.00 late processing fee, plus the per statement fee
not to exceed $0.69 each. The assessment roll is to be in the form of a spreadsheet as required by the Tax
Assessor/Collector and delivered to the Tax Assessor/Collector; delivery may be by CD, or FTP. All
assessments become due on receipt of the tax statement each year.
2. All unpaid assessments become delinquent on February 1st of the year following the
assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year's ad
valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)).
3. Delinquent assessment collection attorneys become involved at the same times as do the
delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48)
4. An additional notice will be sent during the month of March following the initial mailing
provided that TOWN has requested such a notice on or before February 28th. The fee for this service will
be a rate not to exceed $0.69.
5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a
delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to
the owner of each parcel having delinquent assessments.
8. In the event DISTRICT levies a supplemental assessment by order of its governing body
after the assessment statements have already been mailed, TOWN shall provide COUNTY with an
updated assessment roll identifying the assessments levied by TOWN's governing body under Local
Government Code Section 372.017, as corrected by any supplemental assessments levied by its governing
4
Town Council Minutes July 14, 2015 Page 57 of 159
body under Section 372.019. TOWN agrees to pay COUNTY a programming charge of $5,000.00.
COUNTY will mail corrected statements to the owner of each affected parcel. County will charge a fee
for preparing and mailing will be at rate not to exceed $0.69 per corrected statement.
9. TOWN understands and agrees that COUNTY will, no later than January 31st, deduct
from current collections of DISTRICT the "Total Cost" of providing all services described in paragraphs
1-5 above. This "Total Cost" includes any such services that have not yet been performed at the time of
deduction. The "Total Cost" of providing all services described in paragraphs 1-5 above shall be the total
of:
$ 0.69 x the total number of parcels on DISTRICT Assessment Roll as reported on September
30, 2014 end of year assessment roll. In the event costs for additional delayed tax statements, processing
and mailing are incurred as described in paragraph 1, COUNTY shall bill TOWN for such amounts.
TOWN shall pay COUNTY all billed amounts within 30 days of its receipt of said bill.
TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or
decrease the amounts charged to TOWN for any renewal year of this Agreement, provided that
COUNTY gives written notice to TOWN sixty (60) days prior to the expiration date of the initial term of
the Agreement. The County Budget Office establishes collection rates annually based on a survey of
actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate
for each year is approved by County Commissioners' Court. All entities are assessed the same per parcel
collection rate.
IX.
COUNTY agrees to remit all assessments, penalties, and interest collected on TOWN's behalf
and to deposit such funds into the TOWN depositories, as designated:
1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or
ACH to TOWN depository accounts only. Only in the event of failure of electronic transfer protocol will
a check for deposits of assessments, penalty and interest be sent by mail to TOWN.
2. If TOWN uses the same depository as COUNTY, the deposits assessments, penalty and
interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will
be made daily through September 30, 2016. It is expressly understood, however, that this obligation of
COUNTY shall not survive termination of this Agreement, whether by termination by either party or by
failure of the parties to renew this Agreement.
4. In event that COUNTY experiences shortage in collections as a result of an outstanding
assessment debt of TOWN, the TOWN agrees a payment in the amount of shortage shall be made by
check or ACH to COUNTY within 15 days after notification of such shortage.
5. In the event of termination, the withdrawing party shall be obligated to make such payments as
are required by this Agreement through the balance of the assessment year in which notice is given.
COUNTY shall be obligated to provide services pursuant to this Agreement, during such period.
5
Town Council Minutes July 14, 2015 Page 58 of 159
XI.
This Agreement represents the entire agreement between TOWN and COUNTY and supersedes
all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by the governing bodies of both TOWN and COUNTY or
those authorized to sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be delivered or
mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
TOWN:
Trophy Club Public Improvement District No. 1 (Infrastructure)
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: 682-831-4600 Email: sglickman@trophyclub.org
XIII.
TOWN hereby designates Steven Glickman, Assistant Town Manager/Chief Financial Officer,
to act on behalf of TOWN, and to serve as Liaison for TOWN to ensure the performance of all duties
and obligations of TOWN as stated in this Agreement. TOWN designee shall devote sufficient time and
attention to the execution of said duties on behalf of TOWN in full compliance with the terms and
conditions of this Agreement; shall provide immediate and direct supervision of the TOWN employees,
agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement for the mutual benefit of TOWN and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the parties that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized officials and
have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies
to the other that any resolutions necessary for this Agreement have been duly passed and are now in full
force and effect. Executed in duplicate originals this 14M day of LLQ 2015.
6
Town Council Minutes July 14, 2015 Page 59 of 159
COUNTY
Denton County
110 West Hickory
Denton, Texas 76201
BY:
Honorable Mary Horn
Denton County Judge
ATTEST:
BY:
Juli Luke
Denton County Clerk
APPROVED FORM AND CONTENT:
Michelle French
Denton County Tax Assessor/Collector
APPROVED AS TO FORM:
TOWN
Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
BY:
Honorable C. Nick Sanders
Mayor
ATTEST:
BY: (+" a
Holly Fimbres Ij
Town Secretary
Denton County Assistant District Attorney
Town Council Minutes July 14, 2015 Page 60 of 159
i
Town Council Minutes July 14, 2015 Page 60 of 159
ATTACHMENT E
Partially Executed — Interlocal Cooperation Agreement for Assessment Collection with Denton County for the TC
PID No. 1 (Emergency Services Assessment — Fire Service)
Town Council Minutes July 14, 2015 Page 61 of 159
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT FOR TAX COLLECTION BETWEEN
DENTON COUNTY, TEXAS AND TOWN OF TROPHY CLUB PUBLIC IMPROVEMENT
DISTRICT NO 1 EMERGENCY SERVICES
THIS AGREEMENT is made and entered into this iqA,%" day of ZWkA 92015,
by and between DENTON COUNTY, a political subdivision of the State of Texas,
hereinafter referred to as "COUNTY," and TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT
NO. 1 (EMERGENCY SERVICES ASSESSMENT), Denton County, Texas, also a political
subdivision of the State of Texas, hereinafter referred to as "TOWN."
WHEREAS, COUNTY and TOWN mutually desire to be subject to the provisions of V.T.C.A.
Government Code, Chapter 791, the Interlocal Cooperation Act; and
WHEREAS, pursuant to Chapter 372 of the Texas Local Government Code, Subchapter A,
TOWN has created TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1
(EMERGENCY SERVICES), hereinafter referred to as "DISTRICT," and has levied special
assessments on properties within the boundaries of the DISTRICT to pay the costs of emergency
services to the DISTRICT, and
WHEREAS, pursuant to §372.0175 of the Texas Local Government Code, TOWN has the
authority to contract with the COUNTY to perform the duties of TOWN relating to collection of special
assessments levied by DISTRICT under Chapter 372, Subchapter A; and
NOW THEREFORE, COUNTY and TOWN, for and in consideration of the mutual promises,
covenants, and agreements herein contained, do agree as follows:
I.
The effective date of this Agreement shall be the 1st day of October, 2015. The term of this
Agreement shall be for a period of one year, from October 1, 2015, to and through September 30, 2016.
II.
For the purposes and consideration herein stated and contemplated, COUNTY shall provide the
following necessary and appropriate services for TOWN to the maximum extent authorized by this
Agreement, without regard to race, sex, religion, color, age, disability, or national origin:
1. COUNTY, by and through its duly qualified tax assessor -collector, shall collect
DISTRICT assessments for tax year 2015. TOWN does hereby expressly authorize COUNTY and
COUNTY agrees to do and perform for TOWN all acts necessary and proper to collect said DISTRICT
assessments. COUNTY agrees to collect base assessments, penalties, interest, and attorney's fees.
1
Town Council Minutes July 14, 2015 Page 62 of 159
2. COUNTY agrees to prepare and mail all assessment statements (included on the tax
statement for each parcel), provide monthly collection reports to TOWN, maintain both current and
delinquent assessment rolls, disburse assessment monies to TOWN daily (business day) based on prior
day assessment postings, and to develop and maintain such other records and forms as are necessary or
required by State law, rules or regulations.
3. If COUNTY determines, based on DISTRICT assessment roll, that a person erred in
paying a DISTRICT assessment by making a duplicate payment or payment on the wrong account,
COUNTY agrees to refund the payment to the person who erred in making it from current DISTRICT
assessment collections. COUNTY agrees that such refund will be made as soon as practicable after
COUNTY discovers the erroneous payment. The refund shall be accompanied by a description of the
property subject to the assessment sufficient to identify the property. If the property is assigned an
account number, COUNTY shall include that number.
4. If COUNTY determines, based on DISTRICT assessment roll, that there has been an
overpayment of a DISTRICT assessment, COUNTY shall send the owner a refund application. Upon
owner's return of the accurate and fully completed refund application, COUNTY will issue, from current
DISTRICT assessment collections, a refund of the overpayment.
5. COUNTY agrees to develop and maintain written policies and procedures of its
operation. COUNTY further agrees to make available full information about the operation of the County
Tax Office to TOWN, and to promptly furnish written reports to keep TOWN informed of all financial
information affecting it.
6. TOWN agrees to promptly deliver to COUNTY all records that it has accumulated and
developed in the collection of assessments, and to cooperate in furnishing or locating any other
information and records needed by COUNTY to perform its duties under the terms and conditions of this
Agreement.
7. COUNTY agrees to allow an audit of the assessment collection records of TOWN in
COUNTY'S possession during normal working hours with at least 48 hours advance, written notice to
COUNTY. The expense of any and all such audits shall be paid by TOWN. A copy of any and all such
audits shall be furnished to COUNTY.
8. COUNTY agrees that it will post a notice on its website, as a reminder that delinquent
assessment penalties will apply to all assessments which are not paid by January 31, 2016. COUNTY
agrees to mail a reminder notice to delinquent assessment accounts in the month of February notifying
that delinquent penalties will apply to all assessments which are not paid by January 31, 2016. The
reminder notices will be mailed between February 5th and February 28th.
9. COUNTY agrees that it will post to a secure website collection reports for TOWN
listing current assessments, delinquent assessments, and penalties and interest on a daily basis through
September 30, 2016. COUNTY will provide monthly collection reports, monthly recap reports, and
monthly attorney fee collection reports.
K
Town Council Minutes July 14, 2015 Page 63 of 159
10. TOWN retains its right to select its own delinquent assessment/collection attorney and
COUNTY agrees to reasonably cooperate with the attorney selected by TOWN in the collection of
delinquent assessments and related activities.
11. TOWN will provide COUNTY with notice of any change in collection attorney on or
before the effective date of the new collection attorney contract.
COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the
County Tax Office and to serve as Liaison for COUNTY with TOWN. The County Tax
Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of
COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of
COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide
immediate and direct supervision of the County Tax Office employees, agents, contractors,
subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this
Agreement for the mutual benefit of COUNTY and TOWN.
IV.
It is understood and agreed between COUNTY and TOWN that the TOWN, in performing its
obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities
in connection therewith to third parties. It is further understood and agreed between COUNTY and
TOWN that the COUNTY, in performing its obligations hereunder, is acting independently, and the
TOWN assumes no responsibilities in connection therewith to third parties. Nothing in this
AGREEMENT is intended to benefit any third party beneficiary. TOWN agrees that it will protect,
defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and
against all claims, demands, causes of action, damages, judgments, losses and expenses, including
attorney's fees, of whatsoever nature, character, or description that any person or entity has or may have
arising from or on account of any injuries or damages received or sustained by person, persons, or
property, on account of or arising out of, or in connection with the performance of the services, including
without limiting the generality of the foregoing, any negligent act or omission of the TOWN or any
employee, officer, agent, subcontractor, servant, invitee, or assignee of the TOWN in the execution or
performance of this AGREEMENT to the extent allowed by law. This provision shall survive the
termination of this AGREEMENT.
V.
COUNTY accepts responsibility for the acts, negligence, and/or omissions of all COUNTY
employees and agents, sub -contractors and /or contract laborers, and for those actions of other persons
doing work under a contract or agreement with COUNTY to the extent allowed by law.
VI.
TOWN accepts responsibility for the acts, negligence, and/or omissions of all TOWN employees
and agents, sub -contractors and/or contract laborers, and for those of all other persons doing work under a
contract or agreement with TOWN to the extent allowed by law.
3
Town Council Minutes July 14, 2015 Page 64 of 159
VII.
TOWN understands and agrees that TOWN, its employees, servants, agents, and representatives
shall at no time represent themselves to be employees, servants, agents, and/or representatives of
COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of TOWN.
VIII.
For the services rendered during the 2015 assessment year, TOWN agrees to pay COUNTY for
the receipting, bookkeeping, issuing, and mailing of assessment statements as follows:
1. The current assessment statements will be mailed by October 10th or as soon thereafter as
practical. If TOWN does not provide COUNTY with an assessment roll identifying the assessments
levied by TOWN's governing body under Local Government Code Section 372.017 on or before
September 10, 2015, COUNTY may charge a $5,000.00 late processing fee, plus the per statement fee
not to exceed $0.69 each. The assessment roll is to be in the form of a spreadsheet as required by the Tax
Assessor/Collector and delivered to the Tax Assessor/Collector; delivery may be by CD, or FTP. All
assessments become due on receipt of the tax statement each year.
2. All unpaid assessments become delinquent on February 1 st of the year following the
assessment year. Penalty and interest fees accrue at the same rate and time schedule as the same year's ad
valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)).
3. Delinquent assessment collection attorneys become involved at the same times as do the
delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48)
4. An additional notice will be sent during the month of March following the initial mailing
provided that TOWN has requested such a notice on or before February 28th. The fee for this service will
be a rate not to exceed $0.69.
5. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
6. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial
mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas
Property Tax Code will be mailed to the owner of each parcel having delinquent assessments.
7. For accounts which become delinquent on or after June 1st, COUNTY shall mail a
delinquent tax statement meeting the requirements of Section 33.08 of the Texas Property Tax Code to
the owner of each parcel having delinquent assessments.
8. In the event DISTRICT levies a supplemental assessment by order of its governing body
after the assessment statements have already been mailed, TOWN shall provide COUNTY with an
updated assessment roll identifying the assessments levied by TOWN's governing body under Local
Government Code Section 372.017, as corrected by any supplemental assessments levied by its governing
4
Town Council Minutes July 14, 2015 Page 65 of 159
body under Section 372.019. TOWN agrees to pay COUNTY a programming charge of $5,000.00.
COUNTY will mail corrected statements to the owner of each affected parcel. County will charge a fee
for preparing and mailing will be at rate not to exceed $0.69 per corrected statement.
9. TOWN understands and agrees that COUNTY will, no later than January 31st, deduct
from current collections of DISTRICT the "Total Cost" of providing all services described in paragraphs
1-5 above. This "Total Cost" includes any such services that have not yet been performed at the time of
deduction. The "Total Cost" of providing all services described in paragraphs 1-5 above shall be the total
of:
$ 0.69 x the total number of parcels on DISTRICT Assessment Roll as reported on September
30, 2014 end of year assessment roll. In the event costs for additional delayed tax statements, processing
and mailing are incurred as described in paragraph 1, COUNTY shall bill TOWN for such amounts.
TOWN shall pay COUNTY all billed amounts within 30 days of its receipt of said bill.
TOWN further understands and agrees that COUNTY (at its sole discretion) may increase or
decrease the amounts charged to TOWN for any renewal year of this Agreement, provided that
COUNTY gives written notice to TOWN sixty (60) days prior to the expiration date of the initial term of
the Agreement. The County Budget Office establishes collection rates annually based on a survey of
actual annual costs incurred by the COUNTY in performing tax collection services. The collection rate
for each year is approved by County Commissioners' Court. All entities are assessed the same per parcel
collection rate.
IX.
COUNTY agrees to remit all assessments, penalties, and interest collected on TOWN's behalf
and to deposit such funds into the TOWN depositories, as designated:
1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or
ACH to TOWN depository accounts only. Only in the event of failure of electronic transfer protocol will
a check for deposits of assessments, penalty and interest be sent by mail to TOWN.
2. If TOWN uses the same depository as COUNTY, the deposits assessments, penalty and
interest shall be by deposit transfer.
3. In anticipation of renewal of this Agreement, COUNTY further agrees that deposits will
be made daily through September 30, 2016. It is expressly understood, however, that this obligation of
COUNTY shall not survive termination of this Agreement, whether by termination by either party or by
failure of the parties to renew this Agreement.
4. In event that COUNTY experiences shortage in collections as a result of an outstanding
assessment debt of TOWN, the TOWN agrees a payment in the amount of shortage shall be made by
check or ACH to COUNTY within 15 days after notification of such shortage.
5. In the event of termination, the withdrawing party shall be obligated to make such payments as
are required by this Agreement through the balance of the assessment year in which notice is given.
COUNTY shall be obligated to provide services pursuant to this Agreement, during such period.
5
Town Council Minutes July 14, 2015 Page 66 of 159
XI.
This Agreement represents the entire agreement between TOWN and COUNTY and supersedes
all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by the governing bodies of both TOWN and COUNTY or
those authorized to sign on behalf of those governing bodies.
XII.
Any and all written notices required to be given under this Agreement shall be delivered or
mailed to the listed addresses:
COUNTY:
County Judge of Denton County
110 West Hickory
Denton, Texas 76201
Telephone 940-349-2820
TOWN:
Trophy Club Public Improvement District No. 1 (Emergency Services)
100 Municipal Drive
Trophy Club, Texas 76262
Telephone: 682-831-4600 Email: sglickman@trophyclub.org
XIII.
TOWN hereby designates Steven Glickman, Assistant Town Manager/Chief Financial Officer,
to act on behalf of TOWN, and to serve as Liaison for TOWN to ensure the performance of all duties
and obligations of TOWN as stated in this Agreement. TOWN designee shall devote sufficient time and
attention to the execution of said duties on behalf of TOWN in full compliance with the terms and
conditions of this Agreement; shall provide immediate and direct supervision of the TOWN employees,
agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this Agreement for the mutual benefit of TOWN and COUNTY.
XIV.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent
of the parties that the remaining portions shall remain valid and in full force and effect to the extent
possible.
XV.
The undersigned officers and/or agents of the parties are the properly authorized officials and
have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies
to the other that any resolutions necessary for this Agreement have been duly passed and are now in full
force and effect. Executed in duplicate originals this day of 2015.
6
Town Council Minutes July 14, 2015 Page 67 of 159
COUNTY
Denton County
110 West Hickory
Denton, Texas 76201
BY:
Honorable Mary Horn
Denton County Judge
ATTEST:
BY:
Juli Luke
Denton County Clerk
APPROVED FORM AND CONTENT:
Michelle French
Denton County Tax Assessor/Collector
APPROVED AS TO FORM:
TOWN
Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
BY:
Honorable C. Nick Sanders
Mayor
ATTEST:
BY: C40L� L�
Hollyf'imbres
Town Secretary
Denton County Assistant District Attorney
Town Council Minutes July 14, 2015 Page 68 of 159
ATTACHMENT F
GSBS Police Department and Town Hall Presentation
Town Council Minutes July 14, 2015 Page 69 of 159
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ATTACHMENT G
Ordinance No. 2015-15
Town Council Minutes July 14, 2015 Page 84 of 159
ORDINANCE NO. ZU15 `I
relating to
$2,030,000
TOWN OF TROPHY CLUB, TEXAS
GENERAL OBLIGATION REFUNDING BONDS
SERIES 2015
Adopted: July 14, 2015
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section1.1. Definitions................................................................................................................2
Section1.2. Findings....................................................................................................................3
Section 1.3. Table of Contents.....................................................................................................3
Section1.4. Interpretation............................................................................................................3
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section2.1. Tax Levy..................................................................................................................4
Section 2.2. Interest and Sinking Fund........................................................................................5
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section3.1.
Authorization...........................................................................................................5
Section 3.2.
Date, Denomination, Maturities and Interest...........................................................5
Section 3.3.
Medium, Method and Place of Payment..................................................................6
Section 3.4.
Execution and Registration of Bonds......................................................................7
Section3.5.
Ownership................................................................................................................8
Section3.6.
Registration..............................................................................................................8
Section3.7.
Cancellation.............................................................................................................9
Section 3.8.
Temporary Bonds.....................................................................................................9
Section 3.9.
Replacement Bonds.................................................................................................9
ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
LIMITATION ON REDEMPTION.
Section 4.1. Optional Redemption............................................................................................. I I
Section 4.2. Mandatory Sinking Fund Redemption...................................................................I I
Section 4.3. Partial Redemption.................................................................................................I I
Section 4.4. Notice of Redemption to Owners..........................................................................12
Section 4.5. Payment Upon Redemption...................................................................................12
Section 4.6. Effect of Redemption.............................................................................................12
Section 4.7. Lapse of Payment...................................................................................................13
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ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.1. Appointment of Initial Paying Agent/Registrar.....................................................13
Section5.2. Qualifications.........................................................................................................13
Section 5.3. Maintaining Paying Agent/Registrar.....................................................................13
Section5.4. Termination............................................................................................................13
Section 5.5. Notice of Change to Owners..................................................................................13
Section 5.6. Agreement to Perform Duties and Functions.........................................................14
Section 5.7. Delivery of Records to Successor..........................................................................14
ARTICLE VI
FORM OF THE BONDS
Section6.1. Form Generally......................................................................................................14
Section 6.2. Form of the Bonds.................................................................................................14
Section 6.3. CUSIP Registration................................................................................................20
Section6.4. Legal Opinion........................................................................................................20
Section 6.5. Statement of Insurance...........................................................................................20
ARTICLE VII
SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS;
Section7.1. Sale of Bonds.........................................................................................................20
Section 7.2. Control and Delivery of Bonds..............................................................................21
Section 7.3. Deposit of Proceeds...............................................................................................21
ARTICLE VIII
INVESTMENTS
Section8.1. Investments............................................................................................................21
Section 8.2. Investment Income.................................................................................................21
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.1. Payment of the Bonds............................................................................................22
Section 9.2. Other Representations and Covenants...................................................................22
Section 9.3. Provisions Concerning Federal Income Tax Exclusion.........................................22
Section 9.4. No Private Use or Payment and No Private Loan Financing.................................23
Section 9.5. No Federal Guaranty..............................................................................................23
Section9.6. No Hedge Bonds....................................................................................................23
Section9.7. No Arbitrage..........................................................................................................23
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Section9.8. Arbitrage Rebate....................................................................................................24
Section 9.9. Information Reporting...........................................................................................24
Section9.10. Record Retention...................................................................................................24
Section9.11. Registration............................................................................................................24
Section 9.12. Deliberate Actions.................................................................................................25
Section 9.13. Continuing Obligation...........................................................................................25
ARTICLE X
DEFAULT AND REMEDIES
Section10.1. Events of Default...................................................................................................25
Section 10.2. Remedies for Default.............................................................................................25
Section 10.3. Remedies Not Exclusive........................................................................................26
ARTICLE XI
DISCHARGE
Section11.1. Discharge...............................................................................................................26
ARTICLE XII
REDEMPTION OF OBLIGATIONS; APPROVAL OF ESCROW AGREEMENT;
PURCHASE OF SECURITIES
Section 12.1. Escrow Agreement.................................................................................................26
Section 12.2. Purchase of Securities...................................:........................................................26
Section 12.3. Redemption and Payment of Refunded Bonds......................................................26
Section 12.4. Notice of Deposit and Redemption........................................................................27
ARTICLE XIII
AMENDMENTS
Section13.1. Amendments..........................................................................................................27
ARTICLE XIV
MISCELLANEOUS
Section 14.1. Changes to Ordinance............................................................................................27
Section 14.2. Partial Invalidity.....................................................................................................27
Section 14.3. No Personal Liability.............................................................................................28
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ARTICLE XV
EFFECTIVE IMMEDIATELY
Section 15. 1. Effective Immediately............................................................................................28
ScheduleI - Refunded Bonds...................................................................................................... S-1
(iv)
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AN ORDINANCE PROVIDING FOR THE ISSUANCE OF TOWN OF
TROPHY CLUB, TEXAS, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2015 IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,030,000;
AWARDING THE SALE THEREOF; LEVYING A TAX IN PAYMENT
THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A
PURCHASE AGREEMENT, A PAYING AGENT/REGISTRAR AGREEMENT
AND AN ESCROW AGREEMENT; AND ENACTING PROVISIONS
INCIDENT AND RELATING TO THE SUBJECT AND PURPOSES OF THIS
ORDINANCE
WHEREAS, there are presently outstanding certain obligations of the Town (the
"Refunded Bonds") described on Schedule I hereto, which the Town now desires to refund; and
WHEREAS, Chapter 1207, Texas Government Code ("Chapter 1207') authorizes the
Town to issue refunding bonds and to deposit the proceeds from the sale thereof, and any other
available funds or resources, directly with the paying agent for the Refunded Bonds, and such
deposit, if made before such payment dates, shall constitute the making of firm banking and
financial arrangements for the discharge and final payment of the Refunded Bonds; and
WHEREAS, Chapter 1207, Texas Government Code, as amended ("Chapter 1207')
authorizes the Town to issue refunding bonds for the purpose of refunding or defeasing the
Refunded Bonds in advance of their maturities, and to accomplish such refunding or defeasance
by depositing directly with a paying agent for the Refunded Bonds (or other qualified escrow
agent), the proceeds of such refunding bonds, together with other available funds, in an amount
sufficient to provide for the payment or redemption of the Refunded Bonds, and provides that
such deposit shall constitute the making of firm banking and financial arrangements for the
discharge and final payment or redemption of the Refunded Bonds; and
WHEREAS, the Town desires to authorize the execution of an escrow agreement in order
to provide for the deposit of proceeds of the refunding bonds and, to the extent specified
pursuant hereto, other lawfully available funds of the Town, to pay the redemption price of the
Refunded Bonds when due; and
WHEREAS, the Town Council hereby finds and determines that the issuance of the
refunding bonds will result in a net present value debt service savings of $94,958.35 and that the
refunding contemplated in this Ordinance will benefit the Town and that such benefit is
sufficient consideration for the refunding of the Refunded Bonds; and
WHEREAS, the Town Council has found and determined that it is necessary and in the
best interest of the Town and its citizens that it authorize by this Ordinance the issuance and
delivery of the bonds at this time, all in a single series; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and
subject matter of the public business to be considered and acted upon at said meeting, including
this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas
Government Code, as amended; Now Therefore,
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BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB:
ARTICLE I
DEFINITIONS AND OTHER PRELIMINARY MATTERS
Section 1.1. Definitions.
Unless otherwise expressly provided or unless the context clearly requires otherwise in
this Ordinance, the following terms shall have the meanings specified below:
"Bond" means any of the Bonds.
"Bond Date" means the date designated as the date of the Bonds by Section 3.2(a) of this
Ordinance.
"Bonds" means the Town's bonds authorized to be issued by Section 3.1 of this
Ordinance and designated as "Town of Trophy Club, Texas, General Obligation Refunding
Bonds, Series 2015."
"Closing Date" means the date of the initial delivery of and payment for the Bonds.
"Code" means the Internal Revenue Code of 1986, as amended, including applicable
regulations, published rulings and court decisions.
"Designated Payment/Transfer Office" means (i) with respect to the initial Paying
Agent/Registrar named in this Ordinance, the Designated Payment/Transfer Office as designated
in the Paying Agent/Registrar Agreement, or at such other location designated by the Paying
Agent/Registrar and (ii) with respect to any successor Paying Agent/Registrar, the office of such
successor designated and located as may be agreed upon by the Town such successor.
"Escrow Agent" means The Bank of New York Mellon Trust Company, N.A.
"Escrow Agreement" means the Escrow Agreement relating to the Bonds, dated as of
July 14, 2015, by and between the Escrow Agent and the Town.
"Escrow Fund" means the fund referred to in Section 12.1 of this Ordinance and
established by the Escrow Agreement to hold cash and securities for the payment of principal
and interest on the Refunded Bonds.
"Event of Default" means any event of default as defined in Section 10.1 of this
Ordinance.
"Initial Bond" means the Initial Bond authorized by Section 3.4 of this Ordinance.
"Interest and Sinking Fund" means the interest and sinking fund established by
Section 2.2 of this Ordinance.
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"Interest Payment Date" means the date or dates on which interest on the Bonds is
scheduled to be paid until their respective dates of maturity or prior redemption, such dates being
March 1 and September 1, commencing March 1, 2016.
"Owner" means the person who is the registered owner of a Bond or Bonds, as shown in
the Register.
"Paying Agent/Registrar" means initially, First National Bank of Texas or any successor
thereto as provided in this Ordinance.
"Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement
between the Paying Agent/Registrar and the Town relating to the Bonds.
"Purchase Agreement" means that certain purchase agreement, dated as of July 14, 2015,
approved in Section 7.1(a) hereof.
"Purchaser" means the First National Bank of Texas.
"Record Date" means the last business day of the month next preceding an Interest
Payment Date.
hereto.
"Refunded Bonds" means the obligations of the Town described in Schedule I attached
"Register" means the Register specified in Section 3.6(a) of this Ordinance.
"Unclaimed Payments" means money deposited with the Paying Agent/Registrar for the
payment of principal of or interest on the Bonds as the same come due and payable and
remaining unclaimed by the Owners of such Bonds after the applicable payment or redemption
date.
Section 1.2. Findings.
The declarations, determinations and findings declared, made and found in the preamble
to this Ordinance are hereby adopted, restated and made a part of the operative provisions hereof.
Section 1.3, Table of Contents. Titles and Headings.
The table of contents, titles and headings of the Articles and Sections of this Ordinance
have been inserted for convenience of reference only and are not to be considered a part hereof
and shall not in any way modify or restrict any of the terms or provisions hereof and shall never
be considered or given any effect in construing this Ordinance or any provision hereof or in
ascertaining intent, if any question of intent should arise.
Section 1.4. Interpretation.
(a) Unless the context requires otherwise, words of the masculine gender shall be
construed to include correlative words of the feminine and neuter genders and vice versa, and
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words of the singular number shall be construed to include correlative words of the plural
number and vice versa.
(b) This Ordinance and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein.
ARTICLE II
SECURITY FOR THE BONDS; INTEREST AND SINKING FUND
Section 2.1. Tax Levy.
(a) Pursuant to the authority granted by the Texas Constitution and the laws of the
State of Texas, there shall be levied and there is hereby levied for the current year and for each
succeeding year hereafter while any of the Bonds or any interest thereon is outstanding and
unpaid, an ad valorem tax on each one hundred dollars valuation of taxable property within the
Town, at a rate sufficient, within the limit prescribed by law, to pay the debt service
requirements of the Bonds, being (i) the interest on the Bonds, and (ii) a sinking fund for their
redemption at maturity or a sinking fund of two percent (2%) per annum (whichever amount is
greater), when due and payable, full allowance being made for delinquencies and costs of
collection.
(b) The ad valorem tax thus levied shall be assessed and collected each year against
all property appearing on the tax rolls of the Town most recently approved in accordance with
law and the money thus collected shall be deposited as collected to the Interest and Sinking
Fund.
(c) Said ad valorem tax, the collections therefrom, and all amounts on deposit in or
required hereby to be deposited to the Interest and Sinking Fund are hereby pledged and
committed irrevocably to the payment of the principal of and interest on the Bonds when and as
due and payable in accordance with their terms and this Ordinance.
(d) To the extent the Town has available funds which may be lawfully used to pay
debt service on the Bonds and such funds are on deposit in the Interest and Sinking Fund in
advance of the time when the Town Council of the Town is scheduled to set a tax rate for any
year, then such tax rate which would otherwise be required to be established pursuant to
subsection (a) of this Section may be reduced to the extent and by the amount of such funds in
the Interest and Sinking Fund.
(e) If the lien and provisions of this Ordinance shall be released in a manner
permitted by Article XI hereof, then the collection of such ad valorem tax may be suspended or
appropriately reduced, as the facts may permit, and further deposits to the Interest and Sinking
Fund may be suspended or appropriately reduced, as the facts may permit. In determining the
aggregate principal amount of outstanding Bonds, there shall be subtracted the amount of any
Bonds that have been duly called for redemption and for which money has been deposited with
the Paying Agent/Registrar for such redemption.
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Section 2.2. Interest and SinkinRFund.
(a) The Town hereby establishes a special fund or account, to be designated the
"Town of Trophy Club, Texas, General Obligation Refunding Bonds, Series 2015 Interest and
Sinking Fund," said fund to be maintained at an official depository bank of the Town separate
and apart from all other funds and accounts of the Town.
(b) Money on deposit in or required by this Ordinance to be deposited to the Interest
and Sinking Fund shall be used solely for the purpose of paying the interest on and principal of
the Bonds when and as due and payable in accordance with their terms and this Ordinance.
ARTICLE III
AUTHORIZATION; GENERAL TERMS AND PROVISIONS
REGARDING THE BONDS
Section 3.1. Authorization.
The Town's bonds, to be designated "Town of Trophy Club, Texas, General Obligation
Refunding Bonds, Series 2015," are hereby authorized to be issued and delivered in accordance
with the Constitution and laws of the State of Texas, including specifically Chapter 1207, Texas
Government Code, as amended. The Bonds shall be issued in the aggregate principal amount of
$2,030,000 for the purpose of: (a) providing funds to refund the Refunded Bonds and
(b) providing funds for payment of the costs of issuing the Bonds.
Section 3.2. Date, Denomination, Maturities and Interest.
(a) The Bonds shall be dated the date of their delivery to the initial Purchaser. The
Bonds shall be in fully registered form, without coupons, in the denomination of $1,000 or any
integral multiple thereof, and shall be numbered separately from one (1) upward, except the
Initial Bond, which shall be numbered T-1.
(b) The Bonds shall mature on September 1 in the years and in the principal amounts
set forth in the following schedule:
Term Bonds
Principal
Year Amount Interest Rate
2025 $2,030,000 2.180%
(c) Interest shall accrue and be paid on each Bond respectively until its maturity,
from the later of the date of their delivery to the Purchaser (the "Delivery Date") or the most
recent Interest Payment Date to which interest has been paid or provided for at the rates per
annum for each respective maturity specified in the schedule contained in subsection (b) above.
Such interest shall be payable semiannually on each March 1 and September 1 of each year,
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commencing March 1, 2016, until maturity or prior redemption. Interest on the Bonds shall be
calculated on the basis of a 360 -day year composed of twelve 30 -day months.
Section 3.3. Medium, Method and Place of Pa ment.
(a) The principal of, premium, if any, and interest on the Bonds shall be paid in
lawful money of the United States of America.
(b) Interest on the Bonds shall be payable to each Owner as shown in the Register at
the close of business on the Record Date; provided, however, that in the event of nonpayment of
interest on a scheduled Interest Payment Date, and for 30 days thereafter, a new record date for
such interest payment (a "Special Record Date") will be established by the Paying
Agent/Registrar if and when funds for the payment of such interest have been received from the
Town. Notice of the Special Record Date and of the scheduled payment date of the past due
interest (the "Special Payment Date," which shall be at least 15 days after the Special Record
Date) shall be sent at least five business days prior to the Special Record Date by United States
mail, first class postage prepaid, to the address of each Owner of a Bond appearing on the books
of the Paying Agent/Registrar at the close of business on the last business day next preceding the
date of mailing of such notice.
(c) Interest shall be paid by check, dated as of the Interest Payment Date, and sent by
the Paying Agent/Registrar to each Owner, first class United States mail, postage prepaid, to the
address of each Owner as it appears in the Register, or by such other customary banking
arrangement acceptable to the Paying Agent/Registrar and the Owner; provided, however, the
Owner shall bear all risk and expense of such other banking arrangement. At the option of an
Owner of at least $1,000,000 principal amount of the Bonds, interest may be paid by wire
transfer to the bank account of such Owner on file with the Paying Agent/Registrar.
(d) The principal of each Bond shall be paid to the Owner thereof on the due date
(whether at the maturity date or the date of prior redemption thereof) upon presentation and
surrender of such Bond at the Designated Payment/Transfer Office of the Paying
Agent/Registrar.
(e) If the date for the payment of the principal of or interest on the Bonds shall be a
Saturday, Sunday, legal holiday, or day on which banking institutions in the Town where the
Designated Payment/Transfer Office of the Paying Agent/Registrar is located are required or
authorized by law or executive order to close, the date for such payment shall be the next
succeeding day which is not a Saturday, Sunday, legal holiday, or day on which banking
institutions are required or authorized to close, and payment on such date shall have the same
force and effect as if made on the original date payment was due and no additional interest shall
be due by reason of nonpayment on the date on which such payment is otherwise stated to be due
and payable.
(f) Unclaimed Payments shall be segregated in a special account and held in trust,
uninvested by the Paying Agent/Registrar, for the account of the Owner of the Bonds to which
the Unclaimed Payments pertain. Subject to Title 6 of the Texas Property Code, Unclaimed
Payments remaining unclaimed by the Owners entitled thereto for three (3) years after the
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applicable payment or redemption date shall be applied to the next payment or payments on the
Bonds thereafter coming due and, to the extent any such money remains after the retirement of
all outstanding Bonds, shall be paid to the Town to be used for any lawful purpose. Thereafter,
neither the Town, the Paying Agent/Registrar nor any other person shall be liable or responsible
to any holders of such Bonds for any further payment of such unclaimed monies or on account of
any such Bonds, subject to Title 6 of the Texas Property Code.
Section 3.4. Execution and Registration of Bonds.
(a) The Bonds shall be executed on behalf of the Town by the Mayor and the Town
Secretary, by their manual or facsimile signatures, and the official seal of the Town shall be
impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the
same effect as if each of the Bonds had been signed manually and in person by each of those
officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of
the Town had been manually impressed upon each of the Bonds.
(b) In the event that any officer of the Town whose manual or facsimile signature
appears on the Bonds ceases to be such officer before the authentication of such Bonds or before
the delivery thereof, such manual or facsimile signature nevertheless shall be valid and sufficient
for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit of this Ordinance unless and until there appears thereon the
Certificate of Paying Agent/Registrar substantially in the form provided herein, duly
authenticated by manual execution by an officer or duly authorized signatory of the Paying
Agent/Registrar. It shall not be required that the same officer or authorized signatory of the
Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on all of the Bonds. In lieu
of the executed Certificate of Paying Agent/Registrar described above, the Initial Bond delivered
at the Closing Date shall have attached thereto the Comptroller's Registration Certificate
substantially in the form provided herein, manually executed by the Comptroller of Public
Accounts of the State of Texas, or by his duly authorized agent, which Certificate shall be
evidence that the Bond has been duly approved by the Attorney General of the State of Texas
and that it is a valid and binding obligation of the Town, and has been registered by the
Comptroller of Public Accounts of the State of Texas.
(d) On the Closing Date, one initial Bond representing the entire principal amount of
all Bonds, payable in stated installments to the initial Purchaser, or its designee, executed by the
Mayor and Town Secretary of the Town by their manual or facsimile signatures, approved by the
Attorney General, and registered and manually signed by the Comptroller of Public Accounts,
will be delivered to the initial Purchaser or its designee. Anytime after payment for the Initial
Bond, the Paying Agent/Registrar, pursuant to written instructions from the Initial Purchaser,
shall cancel the Initial Bond and deliver to the initial Purchaser one typewritten Bond for each
maturity representing the aggregate principal amount for each respective maturity, registered in
the name of the initial Purchaser. Notwithstanding the above, the initial Purchaser may elect to
hold the Initial Bond in lieu of delivery of definitive Bonds.
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Section 3.5. Ownership.
(a) The Town, the Paying Agent/Registrar and any other person may treat the person
in whose name any Bond is registered as the absolute owner of such Bond for the purpose of
making and receiving payment as provided herein (except interest shall be paid to the person in
whose name such Bond is registered on the Record Date), and for all other purposes, whether or
not such Bond is overdue, and neither the Town nor the Paying Agent/Registrar shall be bound
by any notice or knowledge to the contrary.
(b) All payments made to the Owner of a Bond shall be valid and effectual and shall
discharge the liability of the Town and the Paying Agent/Registrar upon such Bond to the extent
of the sums paid.
Section 3.6. Registration. Transfer and Exchange.
(a) So long as any Bonds remain outstanding, the Town shall cause the Paying
Agent/Registrar to keep at the Designated Payment/Transfer Office a register in which, subject to
such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the
registration and transfer of Bonds in accordance with this Ordinance.
(b) The ownership of a Bond may be transferred only upon the presentation and
surrender of the Bond at the Designated Payment/Transfer Office of the Paying Agent/Registrar
with such endorsement or other evidence of transfer as is acceptable to the Paying
Agent/Registrar. No transfer of any Bond shall be effective until entered in the Register. The
Bonds are only transferable in whole for the outstanding principal amount thereof, and are not
transferable in part.
(c) The Bonds shall be exchangeable upon the presentation and surrender thereof at
the Designated Payment/Transfer Office of the Paying Agent/Registrar for a Bond or Bonds of
the same maturity and interest rate and in any denomination or denominations of any integral
multiple of $1,000 and in an aggregate principal amount equal to the unpaid principal amount of
the Bonds presented for exchange. The Paying Agent/Registrar is hereby authorized to
authenticate and deliver Bonds exchanged for other Bonds in accordance with this Section.
(d) Each exchange Bond delivered by the Paying Agent/ Registrar in accordance with
this Section shall constitute an original contractual obligation of the Town and shall be entitled to
the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of
which such exchange Bond is delivered.
(e) No service charge shall be made to the Owner for the initial registration,
subsequent transfer, or exchange for any different denomination of any of the Bonds. The Paying
Agent/Registrar, however, may require the Owner to pay a sum sufficient to cover any tax or
other governmental charge that is authorized to be imposed in connection with the registration,
transfer or exchange of a Bond.
(f) Neither the Town nor the Paying Agent/Registrar shall be required to issue,
transfer, or exchange any Bond called for redemption, in whole or in part, where such
redemption is scheduled to occur within forty-five (45) calendar days after the transfer or
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exchange date; provided, however, such limitation shall not be applicable to an exchange by the
Owner of the uncalled principal balance of a Bond.
Section 3.7. Cancellation.
All Bonds paid or redeemed before scheduled maturity in accordance with this
Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are
authenticated and delivered in accordance with this Ordinance, shall be cancelled and proper
records shall be made regarding such payment, redemption, exchange or replacement. The
Paying Agent/Registrar shall dispose of cancelled Bonds in accordance with the Securities
Exchange Act of 1934, as amended.
Section 3.8. Temporary Bonds.
(a) Following the delivery and registration of the Initial Bond and pending the
preparation of definitive Bonds, if any are delivered pursuant to 3.4(d) herein, the proper
officers of the Town may execute and, upon the Town's request, the Paying Agent/Registrar
shall authenticate and deliver, one or more temporary Bonds that are printed, lithographed,
typewritten, mimeographed or otherwise produced, in any denomination, substantially of the
tenor of the definitive Bonds in lieu of which they are delivered, without coupons, and with such
appropriate insertions, omissions, substitutions and other variations as the officers of the Town
executing such temporary Bonds may determine, as evidenced by their signing of such
temporary Bonds.
(b) Until exchanged for Bonds in definitive form, such Bonds in temporary form shall
be entitled to the benefit and security of this Ordinance.
(c) The Town, without unreasonable delay, shall prepare, execute and deliver to the
Paying Agent/Registrar the Bonds in definitive form; thereupon, upon the presentation and
surrender of the Bonds in temporary form to the Paying Agent/Registrar, the Paying
Agent/Registrar shall cancel the Bonds in temporary form and shall authenticate and deliver in
exchange therefor Bonds of the same maturity and series, in definitive form, in the authorized
denomination, and in the same aggregate principal amount, as the Bonds in temporary form
surrendered. Such exchange shall be made without the making of any charge therefor to any
Owner.
Section 3.9. Replacement Bonds.
(a) Upon the presentation and surrender to the Paying Agent/Registrar of a mutilated
Bond, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor a
replacement Bond of like tenor and principal amount, bearing a number not contemporaneously
outstanding. The Town or the Paying Agent/Registrar may require the Owner of such Bond to
pay a sum sufficient to cover any tax or other governmental charge that is authorized to be
imposed in connection therewith and any other expenses connected therewith.
(b) In the event that any Bond is lost, apparently destroyed or wrongfully taken, the
Paying Agent/Registrar, pursuant to the applicable laws of the State of Texas and in the absence
of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall
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authenticate and deliver a replacement Bond of like tenor and principal amount, bearing a
number not contemporaneously outstanding, provided that the Owner first:
(i) furnishes to the Paying Agent/Registrar satisfactory evidence of his
ownership of and the circumstances of the loss, destruction or theft of such Bond;
(ii) furnishes such security or indemnity as may be required by the Paying
Agent/Registrar to save it and the Town harmless;
(iii) pays all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Paying Agent/Registrar and any tax or
other governmental charge that is authorized to be imposed; and
(iv) satisfies any other reasonable requirements imposed by the Town and the
Paying Agent/Registrar.
(c) If, after the delivery of such replacement Bond, a bona fide purchaser of the
original Bond in lieu of which such replacement Bond was issued presents for payment such
original Bond, the Town and the Paying Agent/Registrar shall be entitled to recover such
replacement Bond from the person to whom it was delivered or any person taking therefrom,
except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity
provided therefor to the extent of any loss, damage, cost or expense incurred by the Town or the
Paying Agent/Registrar in connection therewith.
(d) In the event that any such mutilated, lost, apparently destroyed or wrongfully
taken Bond has become or is about to become due and payable, the Paying Agent/Registrar, in its
discretion, instead of issuing a replacement Bond, may pay such Bond if it has become due and
payable or may pay such Bond when it becomes due and payable.
(e) Each replacement Bond delivered in accordance with this Section shall constitute
an original additional contractual obligation of the Town and shall be entitled to the benefits and
security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such
replacement Bond is delivered.
ARTICLE IV
REDEMPTION OF BONDS BEFORE MATURITY
LIMITATION ON REDEMPTION.
The Bonds shall be subject to redemption before scheduled maturity only as provided in
this Article IV.
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Section 4. 1. Optional Redemption. The Bonds are not subject to optional redemption
prior to their stated maturity.
Section 4.2. Mandatory Sinking Fund Redemption.
(a) The Bonds maturing on September 1, 2025 (the "Term Bonds") are subject to
scheduled mandatory redemption and will be redeemed by the Town, in part at a price equal to
the principal amount thereof, without premium, plus accrued interest to the redemption date, out
of moneys available for such purpose in the Interest and Sinking Fund, on the dates and in the
respective principal amounts as set forth below.
Term Bonds Maturing September 1, 2025
Redemption Date
Redemption Amount
Redemption Date
Redemption Amount
September 1, 2016
$350,000
September 1, 2022
$230,000
September 1, 2017
40,000
September 1, 2023
235,000
September 1, 2018
40,000
September 1, 2024
240,000
September 1, 2019
210,000
September 1, 2025
245,000
September 1, 2020
220,000
September 1, 2021
220,000
(b) At least ten (10) days prior to each scheduled mandatory redemption date, the
Paying Agent/Registrar shall select for redemption by lot, or by any other customary method that
results in a random selection, a principal amount of Term Bonds equal to the aggregate principal
amount of such Term Bonds to be redeemed, shall call such Term Bonds for redemption on such
scheduled mandatory redemption date, and shall give notice of such redemption, as provided in
Section 4.5. So long as the initial Purchaser is the Owner of the Bonds, no presentation shall be
required with respect to the mandatory redemptions and the Paying Agent/Registrar, upon
payment of the mandatory redemption payment, shall record the resulting reduction in the
principal amount of the bond by book entry.
(c) The principal amount of the Term Bonds required to be redeemed on any
redemption date pursuant to subparagraph (a) of this Section 4.3 shall be reduced, at the option
of the Town, by the principal amount of any Term Bonds which, at least 15 days prior to the
mandatory sinking fund redemption date (i) shall have been acquired by the Town at a price not
exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase
thereof, and delivered to the Paying Agent/Registrar for cancellation, or (ii) shall have been
redeemed pursuant to the optional redemption provisions hereof and not previously credited to a
mandatory sinking fund redemption.
Section 4.3. Partial Redemption.
(a) A portion of a single Bond of a denomination greater than $1,000 may be
redeemed, but only in a principal amount equal to $1,000 or any integral multiple thereof. If
such a Bond is to be partially redeemed, the Paying Agent/Registrar shall treat each $1,000
portion of the Bond as though it were a single Bond for purposes of selection for redemption.
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(b) Upon surrender of any Bond for redemption in part, the Paying Agent/Registrar,
in accordance with Section 3.6 of this Ordinance, shall authenticate and deliver an exchange
Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond so
surrendered, such exchange being without charge.
(c) The Paying Agent/Registrar shall promptly notify the Town in writing of the
principal amount to be redeemed of any Bond as to which only a portion thereof is to be
redeemed.
Section 4.4. Notice of Redemption to Owners.
(a) The Paying Agent/Registrar shall give notice of any optional redemption of
Bonds by sending notice by United States mail, first class postage prepaid, not less than ten (10)
days before the date fixed for redemption, to the Owner of each Bond (or part thereof) to be
redeemed, at the address shown on the Register at the close of business on the business day next
preceding the date of mailing of such notice.
(b) Any notice shall state the redemption date, the redemption price, the place at
which the Bonds are to be surrendered for payment, and, if less than all the Bonds outstanding
are to be redeemed, an identification of the Bonds or portions thereof to be redeemed.
(c) Any notice given as provided in this Section shall be conclusively presumed to
have been duly given, whether or not the Owner receives such notice..
Section 4.5. Payment Upon Redemption.
(a) Before or on each redemption date, the Town shall deposit with the Paying
Agent/Registrar money sufficient to pay all amounts due on the redemption date and the Paying
Agent/Registrar shall make provision for the payment of the Bonds to be redeemed on such date
by setting aside and holding in trust such amounts as are received by the Paying Agent/Registrar
from the Town and shall use such funds solely for the purpose of paying the principal of,
redemption premium, if any, and accrued interest on the Bonds being redeemed.
(b) Upon presentation and surrender of any Bond (except as permitted in
Section 4.2(b)) called for redemption at the Designated Payment/Transfer Office on or after the
date fixed for redemption, the Paying Agent/Registrar shall pay the principal of, redemption
premium, if any, and accrued interest on such Bond to the date of redemption from the money set
aside for such purpose.
Section 4.6. Effect of Redemption,
(a) Notice of redemption having been given as provided in Section 4.5 of this
Ordinance, the Bonds or portions thereof called for redemption shall become due and payable on
the date fixed for redemption and, unless the Town defaults in its obligation to make provision
for the payment of the principal thereof, redemption premium, if any, or accrued interest thereon,
such Bonds or portions thereof shall cease to bear interest from and after the date fixed for
redemption, whether or not such Bonds are presented and surrendered for payment on such date.
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(b) If the Town shall fail to make provision for payment of all sums due on a
redemption date, then any Bond or portion thereof called for redemption shall continue to bear
interest at the rate stated on the Bond until due provision is made for the payment of same by the
Town.
Section 4.7. Lapse of Payment.
Money set aside for the redemption of the Bonds and remaining unclaimed by Owners
thereof shall be subject to the provisions of Section 3.3(f) hereof.
ARTICLE V
PAYING AGENT/REGISTRAR
Section 5.1. Appointment of Initial Paving Agent/Registrar.
The First National Bank of Texas is hereby appointed as the initial Paying
Agent/Registrar for the Bonds.
Section 5.2. (Qualifications.
Each Paying Agent/Registrar shall be a commercial bank, a trust company organized
under the laws of the State of Texas, or any other entity duly qualified and legally authorized to
serve as and perform the duties and services of paying agent and registrar for the Bonds.
Section 5.3. Maintaining Pang Agent/Registrar.
(a) At all times while any Bonds are outstanding, the Town will maintain a Paying
Agent/Registrar that is qualified under Section 5.2 of this Ordinance. The Mayor is hereby
authorized and directed to execute an agreement with the Paying Agent/Registrar specifying the
duties and responsibilities of the Town and the Paying Agent/Registrar. The signature of the
Mayor shall be attested by the Town Secretary of the Town. The form of the Paying
Agent/Registrar Agreement presented at this meeting is hereby approved with such changes as
may be approved by bond counsel to the Town.
(b) If the Paying Agent/Registrar resigns or Otherwise ceases to serve as such, the
Town will promptly appoint a replacement.
Section 5.4. Termination.
The Town, upon not less than sixty (60) days' notice, reserves the right to terminate the
appointment of any Paying Agent/ Registrar by delivering to the entity whose appointment is to
be terminated written notice of such termination.
Section 5.5. Notice of Change to Owners.
Promptly upon each change in the entity serving as Paying Agent/Registrar, the Town
will cause notice of the change to be sent to each Owner by first class United States mail,
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postage prepaid, at the address in the Register, stating the effective date of the change and the
name and mailing address of the replacement Paying Agent/Registrar.
Section 5.6. Agreement to Perform Duties and Functions.
By accepting the appointment as Paying Agent/Registrar and executing the Paying
Agent/Registrar Agreement, the Paying Agent/Registrar is deemed to have agreed to the
provisions of this Ordinance and that it will perform the duties and functions of Paying
Agent/Registrar prescribed thereby.
Section 5.7. Delivery of Records to Successor.
If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the
appointment of the successor, will deliver the Register (or a copy thereof) and all other pertinent
books and records relating to the Bonds to the successor Paying Agent/Registrar.
ARTICLE VI
FORM OF THE BONDS
Section 6.1. Form Generally.
(a) The Bonds, the Registration Certificate of the Comptroller of Public Accounts of
the State of Texas, the Certificate of the Paying Agent/Registrar, and the Assignment form to
appear on each of the Bonds, (i) shall be substantially in the form set forth in this Article, with
such appropriate insertions, omissions, substitutions, and other variations as are permitted or
required by this Ordinance, and (ii) may have such letters, numbers, or other marks of
identification (including identifying numbers and letters of the Committee on Uniform Securities
Identification Procedures of the American Bankers Association) and such legends and
endorsements (including any reproduction of an opinion of counsel) thereon as, consistently
herewith, may be determined by the Town or by the officers executing such Bonds, as evidenced
by their execution thereof.
(b) Any portion of the text of any Bonds may be set forth on the reverse side thereof,
with an appropriate reference thereto on the face of the Bonds.
(c) The definitive Bonds shall be typewritten, printed, lithographed, or engraved, and
may be produced by any combination of these methods or produced in any other similar manner,
all as determined by the officers executing such Bonds, as evidenced by their execution thereof.
(d) The Initial Bond submitted to the Attorney General of the State of Texas may be
typewritten and photocopied or otherwise reproduced.
Section 6.2. Form of the Bonds.
The form of the Bond, including the form of the Registration Certificate of the
Comptroller of Public Accounts of the State of Texas, the form of Certificate of the Paying
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Agent/Registrar and the form of Assignment appearing on the Bonds, shall be substantially as
follows:
(a) Form of Bond.
REGISTERED REGISTERED
No. $
United States of America
State of Texas
County of Hunt
TOWN OF TROPHY CLUB, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2015
INTEREST RATE:
MATURITY DATE:
September 1,
DELIVERY DATE:
August 11, 2015
The Town of Trophy Club, Texas (the "Town"), in the Counties of Tarrant and Denton,
State of Texas, for value received, hereby promises to pay to
or registered assigns, on the Maturity Date specified above, the sum of
DOLLARS
or the remaining unpaid balance of this Bond, unless this Bond shall have been sooner called for
redemption and the payment of the principal hereof shall have been paid or provided for, and to
pay interest on such principal amount from the later of the Delivery Date specified above or the
most recent interest payment date to which interest has been paid or provided for until payment
of such principal amount has been paid or provided for, at the per annum rate of interest
specified above, computed on the basis of a three hundred sixty (360) day year of twelve (12)
thirty (30) day months, such interest to be paid semiannually on March land September 1 of
each year, commencing March 1, 2016.
The principal of this Bond shall be payable without exchange or collection charges in
lawful money of the United States of America upon presentation and surrender of this Bond at
the corporate trust office (the "Designated Payment/Transfer Office") of the First National Bank
of Texas, as Paying Agent/Registrar or, with respect to a successor Paying Agent/Registrar, at
the Designated Payment/Transfer Office thereof. Interest on this Bond is payable by check dated
as of the interest payment date, and will be mailed by the Paying Agent/Registrar to the
registered owner at the address shown on the registration books kept by the Paying
Agent/Registrar or by such other customary banking arrangement acceptable to the Paying
Agent/Registrar and the registered owner; provided, however, such registered owner shall bear
all risk and expense of such other banking arrangement. At the option of an Owner of at least
$1,000,000 principal amount of the Bonds, interest may be paid by wire transfer to the bank
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account of such Owner on file with the Paying Agent/Registrar. For the purpose of the payment
of interest on this Bond, the registered owner shall be the person in whose name this Bond is
registered at the close of business on the "Record Date," which shall be the last business day of
the month next preceding such interest payment date; provided, however, that in the event of
nonpayment of interest on a scheduled interest payment date, and for 30 days thereafter, a new
record date for such interest payment (a "Special Record Date") will be established by the
Paying Agent/Registrar, if and when funds for the payment of such interest have been received
from the Town. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (the "Special Payment Date," which shall be 15 days after the Special Record Date)
shall be sent at least five business days prior to the Special Record Date by United States mail,
first class postage prepaid, to the address of each Owner of a Bond appearing on the books of the
Paying Agent/Registrar at the close of business on the last business day preceding the date of
mailing such notice.
If the date for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, legal holiday, or day on which banking institutions in the Town where the Paying
Agent/Registrar is located are required or authorized by law or executive order to close, the date
for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal
holiday, or day on which banking institutions are required or authorized to close, and payment on
such date shall have the same force and effect as if made on the original date payment was due
and no additional interest shall be due by reason of nonpayment on the date on which such
payment is otherwise stated to be due and payable.
This Bond is dated August 11, 2015 and is one of a series of fully registered bonds
specified in the title hereof issued in the aggregate principal amount of $2,030,000 (herein
referred to as the "Bonds"), issued pursuant to a certain ordinance of the Town (the "Ordinance")
for the purpose of providing funds to refund the Refunded Bonds (as defined in the Ordinance)
and to pay the costs of issuing the Bonds.
The Bonds are not subject to optional redemption prior to their stated maturity.
The Bonds maturing September 1, 2025 (the "Term Bonds") are subject to scheduled
mandatory redemption and will be redeemed by the Town, in part at a price equal to the principal
amount thereof, without premium, plus accrued interest to the redemption date, out of moneys
available for such purpose in the Interest and Sinking Fund, on the dates and in the respective
principal amounts as set forth below.
Redemption Date
September 1, 2016
September 1, 2017
September 1, 2018
September 1, 2019
September 1, 2020
September 1, 2021
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Term Bonds Maturing September 1, 2025
Redemption Amount Redemption Date
$350,000
September 1, 2022
40,000
September 1, 2023
40,000
September 1, 2024
210,000
September 1, 2025
220,000
220,000
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14, 2015
Redemption Amount
$230,000
235,000
240,000
245,000
Page 105 of 159
At least ten (10) days prior to each scheduled mandatory redemption date, the Paying
Agent/Registrar shall select for redemption by lot, or by any other customary method that results
in a random selection, a principal amount of Term Bonds equal to the aggregate principal amount
of such Term Bonds to be redeemed, shall call such Term Bonds for redemption on such
scheduled mandatory redemption date, and shall give notice of such redemption, as provided in
the Ordinance. So long as the initial Purchaser is the Owner of the Bonds, no presentation shall
be required with respect to the mandatory redemptions and the Paying Agent/Registrar, upon
payment of the mandatory redemption payment, shall record the resulting reduction in the
principal amount of the bond by book entry.
The principal amount of the Term Bonds required to be redeemed on any redemption date
shall be reduced, at the option of the Town, by the principal amount of any Term Bonds which,
at least 15 days prior to the mandatory sinking fund redemption date (i) shall have been acquired
by the Town at a price not exceeding the principal amount of such Term Bonds plus accrued
interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for
cancellation, or (ii) shall have been redeemed pursuant to the optional redemption provisions
hereof and not previously credited to a mandatory sinking fund redemption.
Notice of optional redemption or mandatory sinking fund redemption shall be sent by
United States mail, first class postage prepaid, not less than ten (10) days before the date fixed
for redemption, to the registered owner of each of the Bonds to be redeemed in whole or in part.
Notice having been so given, the Bonds or portions thereof designated for redemption shall
become due and payable on the redemption date specified in such notice, and from and after such
date, notwithstanding that any of the Bonds or portions thereof so called for redemption shall not
have been surrendered for payment, interest on such Bonds or portions thereof shall cease to
accrue.
Neither the Town nor the Paying Agent/Registrar shall be required to issue, transfer or
exchange any Bond called for redemption where such redemption is scheduled to occur within
15 calendar days of the transfer or exchange date; provided, however, such limitation shall not be
applicable to an exchange by the registered owner of the uncalled principal balance of a Bond.
The Bonds are only transferable in whole for the outstanding principal amount thereof,
and are not transferable in part.
The Town, the Paying Agent/Registrar, and any other person may treat the person in
whose name this Bond is registered as the owner hereof for the purpose of receiving payment as
herein provided (except interest shall be paid to the person in whose name this Bond is registered
on the Record Date) and for all other purposes, whether or not this Bond be overdue, and neither
the Town nor the Paying Agent/Registrar shall be affected by notice to the contrary.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond and the
series of which it is a part is duly authorized by law, and has been authorized by a vote of the
properly qualified electors of the Town; that all acts, conditions and things required to be done
precedent to and in the issuance of the Bonds have been properly done and performed and have
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happened in regular and due time, form and manner, as required by law; and that ad valorem
taxes upon all taxable property in the Town have been levied for and pledged to the payment of
the debt service requirements of the Bonds, within the limit prescribed by law.
IN WITNESS WHEREOF, the Town has caused this Bond to be executed by the manual
or facsimile signature of the Mayor of the Town and countersigned by the manual or facsimile
signature of the Town Secretary of the Town, and the official seal of the Town has been duly
impressed or placed in facsimile on this Bond.
Town Secretary, Town of Trophy Club, Texas Mayor, Town of Trophy Club, Texas
[SEAL]
(b) Form of Comptroller's Registration Certificate
The following Comptroller's Registration Certificate may be deleted from the definitive
Bonds if such Certificate on the initial Bond is fully executed.
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § REGISTER NO.
OF THE STATE OF TEXAS 8
I hereby certify that there is on file and of record in my office a certificate of the Attorney
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, that he finds that it has been issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding obligation of the Town of Trophy Club, Texas,
and that this Bond has this day been registered by me.
Witness my hand and seal of office at Austin, Texas,
Comptroller of Public Accounts
of the State of Texas
[SEAL]
(c) Form of Certificate of Paying Agent/Registrar
The following Certificate of Paying Agent/Registrar may be deleted from the Initial Bond
if the Comptroller's Registration Certificate appears thereon.
CERTIFICATE OF PAYING AGENT/REGISTRAR
The records of the Paying Agent/Registrar show that the Initial Bond of this series of
bonds was approved by the Attorney General of the State of Texas and registered by the
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Comptroller of Public Accounts of the State of Texas, and that this is one of the Bonds referred
to in the within -mentioned Ordinance.
Dated:
(d) Form of Assignment
Agent/Registrar
ASSIGNMENT
Authorized Representative
as Paying
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
(print or typewrite name, address and Zip Code of transferee):
(Social Security or other identifying number: ) the within Bond and all
rights hereunder and hereby irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for registration hereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed By:
Authorized Signatory
NOTICE: The signature on this Assignment
must correspond with the name of the
registered owner as it appears on the face of
the within Bond in every particular and must
be guaranteed in a manner acceptable to the
Paying Agent/Registrar.
(e) The Initial Bond shall be in the form set forth in subsections (a), (b) and (d) of this
Section, except for the following alterations:
(i) immediately under the name of the Bond, the headings "INTEREST
RATE" and "MATURITY DATE" shall be completed with the words "As shown
below";
(ii) in the first paragraph of the Bond, the words "on the Maturity Date
specified above" shall be deleted and the following will be inserted: "on September 1 in
each of the years, in the principal installments and bearing interest at the per annum rates
in accordance with the following schedule:
44929796.1
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Year Principal Installment Interest Rate
(Information to be inserted from schedule
in Section 3.2 of this Ordinance)
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Section 6.3. CUSIP Registration.
The Town may, but it not obligated to, secure identification numbers through the CUSIP
Service Bureau Division of Standard & Poor's, New York, New York, and may authorize the
printing of such numbers on the face of the Bonds. It is expressly provided, however, that the
presence or absence of CUSIP numbers on the Bonds shall be of no significance or effect as
regards the legality thereof and neither the Town nor the attorneys approving said Bonds as to
legality are to be held responsible for CUSIP numbers incorrectly printed on the Bonds.
Section 6.4. Legal Opinion.
The approving legal opinion of Bracewell & Giuliani LLP, Bond Counsel, may be
printed on the reverse side of each Bond over the certification of the Town Secretary of the
Town, which may be executed in facsimile.
Section 6.5. Statement of Insurance.
A statement relating to a municipal bond insurance policy, if any, to be issued for the
Bonds may be printed on or attached to each Bond.
ARTICLE VII
SALE AND DELIVERY OF BONDS, DEPOSIT OF PROCEEDS;
Section 7.1. Sale of Bonds.
(a) The Bonds are hereby officially sold and awarded and shall be delivered to the
Purchaser, in accordance with the terms and provisions of that certain Purchase Agreement
relating to the Bonds between the Town and the Purchaser for a purchase price equal to the par
amount of the Bonds. The form and content of such Purchase Agreement are hereby approved,
and the Mayor is hereby authorized and directed to execute and deliver the Purchase Agreement
to the Purchaser. It is hereby officially found, determined and declared that the terms of this sale
are the most advantageous reasonably obtainable. The Bonds shall initially be registered in the
name of the Purchaser or its designee.
(b) All officers of the Town are authorized to execute such documents, certificates
and receipts as they may deem appropriate in order to consummate the delivery of the Bonds in
accordance with the terms of sale therefor. Further, in connection with the submission of the
record of proceedings for the Bonds to the Attorney General of the State of Texas for
examination and approval of such Bonds, the appropriate officer of the Town is hereby
authorized and directed to issue a check of the Town payable to the Attorney General of the State
of Texas as a nonrefundable examination fee in the amount required by Chapter 1202, Texas
Government Code (such amount to be the lesser of (i) 1/10th of 1% of the principal amount of
the Bonds or (ii) $9,500).
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(c) The obligation of the Purchaser to accept delivery of the Bonds is subject to the
Purchaser being furnished with the final, approving opinion of Bracewell & Giuliani LLP, Bond
Counsel for the Town, which opinion shall be dated and delivered the Closing Date.
Section 7.2. Control and Delivery of Bonds.
(a) The Mayor of the Town is hereby authorized to have control of the Initial Bond
and all necessary records and proceedings pertaining thereto pending investigation, examination
and approval of the Attorney General of the State of Texas, registration by the Comptroller of
Public Accounts of the State of Texas and registration with, and initial exchange or transfer by,
the Paying Agent/Registrar.
(b) After registration by the Comptroller of Public Accounts of the State of Texas,
delivery of the Bonds shall be made to the Purchaser under and subject to the general supervision
and direction of the Mayor, against receipt by the Town of all amounts due to the Town under
the terms of sale.
Section 7.3. Deposit of Proceeds.
(a) Proceeds of the Bonds in the amount of $19,905,553.75 plus $39,446.25 of
lawfully available funds of the Town, shall be deposited to the Escrow Fund pursuant to the
Escrow Agreement and, to the extent not otherwise provided for, to pay all expenses arising in
connection with the refunding of the Refunded Bonds.
(b) The remaining balance received on the Closing Date shall be deposited to a
special fund, such moneys to be dedicated and used for paying the costs of issuance. Any
amounts remaining after the payment of the costs of issuance shall be deposited to the Interest
and Sinking Fund.
ARTICLE VIII
INVESTMENTS
Section 8.1. Investments.
(a) Money in the Interest and Sinking Fund created by this Ordinance, at the Town's
option, may be invested in such securities or obligations as permitted under applicable law.
(b) Any securities or obligations in which money is so invested shall be kept and held
in trust for the benefit of the Owners and shall be sold and the proceeds of sale shall be timely
applied to the making of all payments required to be made from the fund from which the
investment was made.
Section 8.2. Investment Income.
Interest and income derived from investment of the Interest and Sinking Fund shall be
credited to such Fund.
q �g 21
TowZn Council Minutes July 14, 2015 Page 110 of 159
ARTICLE IX
PARTICULAR REPRESENTATIONS AND COVENANTS
Section 9.1. Payment of the Bonds.
On or before each Interest Payment Date for the Bonds and while any of the Bonds are
outstanding and unpaid, there shall be made available to the Paying Agent/Registrar, out of the
Interest and Sinking Fund, money sufficient to pay such interest on and principal of the Bonds as
will accrue or mature on the applicable Interest Payment Date or date of prior redemption.
Section 9.2. Other Representations and Covenants.
(a) The Town will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance and in each Bond; the Town will
promptly pay or cause to be paid the principal of and interest on each Bond on the dates and at
the places and manner prescribed in such Bond; and the Town will, at the times and in the
manner prescribed by this Ordinance, deposit or cause to be deposited the amounts of money
specified by this Ordinance.
(b) The Town is duly authorized under the laws of the State of Texas to issue the
Bonds; all action on its part for the creation and issuance of the Bonds has been duly and
effectively taken; and the Bonds in the hands of the Owners thereof are and will be valid and
enforceable obligations of the Town in accordance with their terms.
Section 9.3. Provisions Concerning Federal Income Tax Exclusion.
The Town intends that the interest on the Bonds be excludable from gross income for
federal income tax purposes pursuant to sections 103 and 141 through 150 of the Code and the
applicable Treasury Regulations promulgated thereunder (the "Regulations"). The Town
covenants and agrees not to take any action, or omit to take any action within its control, that if
taken or omitted, respectively, would cause (i) the interest on the Bonds to be includable in gross
income, as defined in Section 61 of the Code, for federal income tax purposes or (ii) result in the
violation of or failure to satisfy any provision of sections 103 and 141 through 150 of the Code
and the applicable Regulations. In particular, the Town covenants and agrees to comply with
each requirement of Sections 9.3 through 9.14, inclusive; provided, however, that the Town will
not be required to comply with any particular requirement of Sections 9.3 through 9.14,
inclusive, if the Town has received an opinion of nationally recognized bond counsel
("Counsel's Opinion") that (i) such noncompliance will not adversely affect the exclusion from
gross income for federal income tax purposes of interest on the Bonds or (ii) compliance with
some other requirement set forth in Sections 9.3 through 9.14, inclusive, will satisfy the
applicable requirements of the Code and the Regulations, in which case compliance with such
other requirement specified in such Counsel's Opinion will constitute compliance with the
corresponding requirement specified in Sections 9.3 through 9.14, inclusive.
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Section 9.4. No Private Use or Payment and No Private Loan Financing_
The Town covenants and agrees that it will make such use of the proceeds of the Bonds,
including interest or other investment income derived from Bond proceeds, regulate the use of
property financed, directly or indirectly, with such proceeds, and take such other and further
action as may be required so that the bonds will not be "private activity bonds" within the
meaning of Section 141 of the Code and the Regulations promulgated thereunder. Moreover, the
Town will certify, through an authorized officer, employee or agent, based upon all facts and
estimates known or reasonably expected to be in existence on the date the Bonds are delivered,
that the proceeds of the Refunded Bonds have not been and the proceeds of the Bonds will not be
used in a manner that would cause the Bonds to be "private activity bonds" within the meaning
of Section 141 of the Code and the Regulations promulgated thereunder.
Section 9.5. No Federal Guaranty.
The Town covenants and agrees not to take any action, or knowingly omit to take any
action within its control, that, if taken or omitted, respectively, would cause the Bonds to be
"federally guaranteed" within the meaning of Section 149(b) of the Code and the applicable
Regulations thereunder, except as permitted by Section 149(b)(3) of the Code and such
Regulations.
Section 9.6. No Hedge Bonds.
The Town covenants and agrees not to take any action, or knowingly omit to take any
action, within its control, that, if taken or omitted, respectively, would cause the Bonds to be
"hedge bonds" within the meaning of Section 149(g) of the Code and the applicable Regulations
thereunder. Moreover, the Town will certify, through an authorized officer, employee or agent,
based upon all facts and estimates known or reasonably expected to be in existence on the date
the Bonds are delivered, that the proceeds of the Refunded Bonds have not been used in a
manner that would cause the Refunded Bonds or the Bonds to be "hedge bonds" within the
meaning of section 149(g) of the Code and the Regulations promulgated thereunder.
Section 9.7. No Arbitrage.
The Town covenants and agrees that it will make such use of the proceeds of the Bonds,
including interest or other investment income derived from Bond proceeds, regulate investments
of proceeds of the Bonds, and take such other and further action as may be required so that the
Bonds will not be "arbitrage bonds" within the meaning of Section 148(a) of the Code and the
applicable Regulations promulgated thereunder. Moreover, the Town will certify, through an
authorized officer, employee or agent, that, based upon all facts and estimates known or
reasonably expected to be in existence on the date the Bonds are delivered, that the proceeds of
the Refunded Bonds have not been and the proceeds of the Bonds will not be used in a manner
that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the
Code and the Regulations promulgated thereunder.
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Town Council Minutes July 14, 2015 Page 112 of 159
Section 9.8. Arbitrage Rebate.
If the Town does not qualify for an exception to the requirements of Section 148(f) of the
Code, the Town will take all necessary steps to comply with the requirement that certain amounts
earned by the Town on the investment of the "gross proceeds" of the Bonds (within the meaning
of Section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifically, the
Town will (i) maintain records regarding the investment of the gross proceeds of the Bonds as
may be required to calculate the amount earned on the investment of the gross proceeds of the
Bonds separately from records of amounts on deposit in the funds and accounts of the Town
allocable to other bond issues of the Town or moneys that do not represent gross proceeds of any
bonds of the Town, (ii) determine at such times as are required by the applicable Regulations, the
amount earned from the investment of the gross proceeds of the Bonds that is required to be
rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date
of the delivery of the Bonds, or on such other dates as may be permitted under the Regulations,
all amounts required to be rebated to the federal government. Further, the Town will not
indirectly pay any amount otherwise payable to the federal government pursuant to the foregoing
requirements to any person other than the federal government by entering into any investment
arrangement with respect to the gross proceeds of the Bonds that might result in a reduction in
the amount required to be paid to the federal government because such arrangement results in a
smaller profit or a larger loss than would have resulted if the arrangement had been at arm's
length and had the yield on the issue not been relevant to either party.
Section 9.9. Information Reporting.
The Town covenants and agrees to file or cause to be filed with the Secretary of the
Treasury, not later than the 15th day of the second calendar month after the close of the calendar
quarter in which the Bonds are issued, an information statement concerning the Bonds, all under
and in accordance with Section 149(e) of the Code and the Regulations promulgated thereunder.
Section 9.10. Record Retention.
The Town will retain all pertinent and material records relating to the use and expenditure
of the proceeds of the Refunded Bonds and the Bonds until three years after the last Bond is
redeemed, or such shorter period as authorized by subsequent guidance issued by the Department
of Treasury, if applicable. All records will be kept in a manner that ensures their complete
access throughout the retention period. For this purpose, it is acceptable that such records are
kept either as hardcopy books and records or in an electronic storage and retrieval system,
provided that such electronic system includes reasonable controls and quality assurance
programs that assure the ability of the Town to retrieve and reproduce such books and records in
the event of an examination of the Bonds by the Internal Revenue Service.
Section 9.11. Registration.
The Bonds will be issued in registered form.
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Town Council Minutes July 14, 2015 Page 113 of 159
Section 9.12. Deliberate Actions.
The Town will not take a deliberate action (as defined in section 1.141-2(d)(3) of the
Regulations) that causes the Bonds to fail to meet any requirement of section 141 of the Code
after the issue date of the Bonds unless an appropriate remedial action is permitted by section
1.141-12 of the Regulations and a Counsel's Opinion is obtained that such remedial action cures
any failure to meet the requirements of section 141 of the Code.
Section 9.13. Continuing Obligation.
Notwithstanding any other provision of this Ordinance, the Town's obligations under the
covenants and provisions of Sections 9.3 through 9.14, inclusive, shall survive the defeasance
and discharge of the Bonds for as long as such matters are relevant to the exclusion from gross
income of interest on the Bonds for federal income tax purposes.
ARTICLE X
DEFAULT AND REMEDIES
Section 10.1. Events of Default.
Each of the following occurrences or events for the purpose of this Ordinance is hereby
declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant,
agreement or obligation of the Town, which default materially and adversely affects the
rights of the Owners, including but not limited to, their prospect or ability to be repaid in
accordance with this Ordinance, and the continuation thereof for a period of sixty (60)
days after notice of such default is given by any Owner to the Town.
Section 10.2. Remedies for Default.
(a) Upon the happening of any Event of Default, then any Owner or an authorized
representative thereof, including but not limited to, a trustee or trustees therefor, may proceed
against the Town for the purpose of protecting and enforcing the rights of the Owners under this
Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any
court of competent jurisdiction, for any relief permitted by law, including the specific
performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing
that may be unlawful or in violation of any right of the Owners hereunder or any combination of
such remedies.
(b) It is provided that all such proceedings shall be instituted and maintained for the
equal benefit of all Owners of Bonds then outstanding.
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Town Council Minutes July 14, 2015 Page 114 of 159
Section 10.3. Remedies Not Exclusive.
(a) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or under the Bonds or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a
remedy under this Ordinance.
(b) The exercise of any remedy herein conferred or reserved shall not be deemed a
waiver of any other available remedy.
ARTICLE XI
DISCHARGE
Section 11.1. Discharge.
The Bonds may be defeased, discharged or refunded in any manner permitted by
applicable law.
ARTICLE XII
REDEMPTION OF OBLIGATIONS; APPROVAL OF ESCROW AGREEMENT;
PURCHASE OF SECURITIES
Section 12.1. Escrow Agreement.
The Escrow Agreement, in substantially the form presented at this meeting, and its
execution and delivery by the Mayor is hereby authorized and approved. The signature of the
Mayor shall be attested by the Town Secretary.
Section 12.2. Purchase of Securities.
The Mayor and the Town Manager are each hereby authorized to make necessary
arrangements for the purchase of the Securities referenced in the Escrow Agreement, as may be
necessary for the Escrow Fund and any application for the acquisition of the Securities is hereby
approved and ratified.
Section 12.3. Redemption and Payment of Refunded Bonds.
The Refunded Bonds are hereby called for redemption or payment, as applicable, and
shall be paid on their payment date or redeemed prior to their stated maturities on the redemption
date and at the redemption price specified in Schedule I attached hereto. Following the deposit
to the Escrow Fund pursuant to the Escrow Agreement, as herein specified, the Refunded Bonds
shall be payable solely from and secured by the cash and securities on deposit pursuant to the
Escrow Agreement.
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Town Council Minutes July 14, 2015 Page 115 of 159
Section 12.4. Notice of Deposit and Redemption.
The Town Secretary is hereby authorized to cause notice of redemption to be given to the
respective paying agent/registrar for the Refunded Bonds by delivery of a certified copy of this
Ordinance. Each paying agent/registrar for the Refunded Bonds is hereby authorized and
directed to give notice of deposit and notice of redemption with respect to the Refunded Bonds
as required under the ordinance pursuant to which the Refunded Bonds were issued.
ARTICLE XIII
AMENDMENTS
Section 13.1. Amendments.
This Ordinance shall constitute a contract with the Owners, be binding on the Town, and
shall not be amended or repealed by the Town so long as any Bond remains outstanding except
as permitted in this Section. The Town may, without consent of or notice to any Owners, from
time to time and at any time, amend this Ordinance in any manner not detrimental to the interests
of the Owners, including the curing of any ambiguity, inconsistency, or formal defect or
omission herein. In addition, the Town may, with the written consent of the Owners of the Bonds
holding a majority in aggregate principal amount of the Bonds then outstanding, amend, add to,
or rescind any of the provisions of this Ordinance; provided that, without the consent of all
Owners of outstanding Bonds, no such amendment, addition, or rescission shall (i) extend the
time or times of payment of the principal of and interest on the Bonds, reduce the principal
amount thereof, the redemption price, or the rate of interest thereon, or in any other way modify
the terms of payment of the principal of or interest on the Bonds, (ii) give any preference to any
Bond over any other Bond, or (iii) reduce the aggregate principal amount of Bonds required to be
held by Owners for consent to any such amendment, addition, or rescission.
ARTICLE XIV
MISCELLANEOUS
Section 14.1. Changes to Ordinance.
The Mayor, Town Manager and Director of Finance, in consultation with Bond Counsel,
are each hereby authorized to make changes to the terms of this Ordinance if necessary or
desirable to carry out the purposes hereof or in connection with the approval of the issuance of
the Bonds by the Attorney General of Texas.
Section 14.2. Partial Invalidity.
If any section, paragraph, clause or provision of this Ordinance shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph,
clause or provision shall not affect any of the remaining provisions of the Ordinance.
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Town Council Minutes July 14, 2015 Page 116 of 159
Section 14.3. No Personal Liability.
No recourse shall be had for payment of the principal of or interest on any Bonds or for
any claim based thereon, or on this Ordinance, against any official or employee of the Town or
any person executing any Bonds.
ARTICLE XV
EFFECTIVE IMMEDIATELY
Section 15.1. Effective Immediately.
This Ordinance shall become effective immediately upon its adoption at this meeting
pursuant to Section 1201.028, Texas Government Code.
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Town Council Minutes July 14, 2015 Page 117 of 159
PASSED AND APPROVED this W'day of July, 2015.
ATTEST:
a Vd �.qankw�
Town Se tary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
Bond Counsel
Town of Trophy Club, Texas
Mayor
Town of Trophy Club, Texas
Signature Page to Ordinance Authorizing Issuance of
General Obligation Refunding Bonds Series 2015
Town Council Minutes July 14, 2015 Page 118 of 159
SCHEDULEI
SCHEDULE OF REFUNDED BONDS
General Obligation Bonds, Series 2007
Original Original
Amount
Dated Date Maturity Date
Interest Rates
Refunded
5/1/2007 9/1/2019
4.000%
$170,000
9/1/2020
4.125
180,000
9/1/2021
4.150
185,000
9/1/2022
4.250
195,000
9/1/2023
4.250
205,000
9/1/2024
4.300
215,000
9/1/2025
4.375
220,000
9/1/2026
4.400
235,000
9/1/2027
4.400
245,000
$1,850,000
The 2019-2027 maturities will be redeemed prior to original maturity on September 1, 2017 at par.
Schedule I-1
#4929796.1
Town Council Minutes July 14, 2015 Page 119 of 159
ATTACHMENT H
Fire/EMS Consolidation Presentation
Town Council Minutes July 14, 2015 Page 120 of 159
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ATTACHMENT I
Partially Executed —Interlocal Agreement with NISD for School Resource Officer
Town Council Minutes July 14, 2015 Page 132 of 159
STATE OF TEXAS § Interlocal Agreement by and between
§ The Town of Trophy Club, Texas and
§ Northwest Independent School District
§ for School Resource Officer
This Agreement is entered into upon the date of the last party's signature to this
Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation
located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest
Independent School District, A Texas District located in Denton, Tarrant and Wise Counties,
Texas (hereinafter referred to as the "District"). The Town and District made the following
findings in entering into this Agreement:
WHEREAS, this Agreement for School Resource Officer (SRO) Services is made
pursuant to the authority granted to the parties pursuant to Texas Government Code 791.001 -
791.0029, known as the Interlocal Cooperation Act; and
WHEREAS, the expense of any payments of performance required by this Agreement
shall come from current revenues legally available to the parties; and
WHEREAS, the subject of this Agreement is necessary for the benefit of the public and
the students and each party, and the performance and payment provided fairly compensates
both parties;
WHEREAS, the goals of the SRO Program are as follows:
1. Provision of security and protection of District's students, staff, and property.
2. Reduction of criminal offenses committed by juveniles and young adults.
3. Establish rapport with the students.
4. Establish rapport with the parents, faculty, staff, administrators and other adults.
5. Create and expand programs with vision and creativity to increase student
participation, which will benefit the students, the District, the Police Department, and
the community.
6. Present positive role models for students.
NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set
forth and for adequate consideration given, the parties agree to cooperate in securing the
placement of one (1) School Resource Officer for the District as follows:
SRO NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 133 of 159
1.
Town Obligations
The Town agrees to provide one (1) fully -qualified, licensed peace officer who will be
assigned by the Town to serve as a School Resource Officer assigned to the District. The Town
agrees to supply any and all necessary equipment, including but not limited to uniforms, radio,
computer and any other personal defense equipment for the School Resource Officer. The
Town agrees to provide all of the above to the District, for the consideration provided in section
V below.
If the SRO cannot report for duty and will be absent for a day or partial day the Town shall notify
the District liaison, via email, notifying that the SRO is not going to be reporting for duty and the
name of the substitute Officer. If the Town cannot provide an officer, the funding will be
adjusted as outlined in section V.
II.
Duties of School Resource Officer
2.01 Duties. While on duty for the District, the School Resource Officer shall perform
and otherwise fulfill the following duties and obligations including, but not limited to the following:
• Work closely with campus and District staff to provide a safe and secure learning
environment.
• Act as a resource person in the area of law enforcement education.
• Cooperate and assist, in any manner assigned in compliance with the law by the District,
in any District efforts, programs, or classes to educate students on law enforcement and
criminal justice issues.
• Make arrests and referrals of criminal law violators within the discretion of the School
Resource Officer. Although the SRO has been placed in a formal education
environment, they are not relieved of their official duties as enforcement officers.
Decisions to intervene normally will be made when it is necessary to prevent violence, a
breach of the peace, personal injury or loss of property. Citations should be issued and
arrests made when appropriate and in accordance with Town Police Department policies
and procedures.
• Conduct or assist in criminal investigations of violations of law on District property.
• Provide a law enforcement resource when necessary to maintain the peace on the
District's property and campuses.
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• Take enforcement action on criminal offenses when appropriate and in accordance with
Town Police Department policies and procedures.
• Wear an approved police uniform while on duty, or other apparel as approved by the
Chief of Police.
• Perform other duties requested by the District so long as the performance of such duties
is legitimately and reasonably related to the purposes of this Agreement and so long as
such duties are consistent with state and federal law and the policies and procedures of
the District and the Town.
• Follow and conform to all policies and procedures of the District that do not conflict with
the policies and procedures of the Town. The parties to this Agreement shall abide by all
rules, regulations and procedures as outlined in the Civil Rights Act.
• Assist and evaluate with the implementation of security programs at the request of the
District.
• Coordinate with school administrators, staff, other law enforcement agencies and courts
to promote order and security on District campuses and property.
• Accompany and provide a secure environment for students and District personnel on
curricular and extracurricular trips inside and outside of the District.
• Attend and provide a secure environment at any school -related events and functions
including but not limited to, sporting events, class dances and socials, and other social
or educational gatherings within District campuses and property.
• Counsel with parents and staff as necessary.
• Coordinate directly with campus principals regarding the individual needs of their
campus or the District.
• Use a common sense approach to enforcement and conduct self in a professional
manner.
• Report all situations involving violence or other dangerous situations to the District
Superintendent or designee as soon as possible.
• Advise students on responsibilities and procedures concerning criminal matters.
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Town Council Minutes July 14, 2015 Page 135 of 159
• Help resolve issues between students that involve matters that may result in criminal
violations, disturbances or disruptions.
• Maintain confidentiality of student information in compliance with the Family Education
Rights and Privacy Act ("FERPA").
If at some point, the work schedule of the School Resource Officer does not fulfill the
full-time requirements of a Town employee, the Town retains the right to direct the activities of
the School Resource Officer in order to comply with the full-time requirements.
2.02. Property Damage. To the extent provided by law, the Town or its Police
Department will not under any circumstances be responsible for any property belonging to the
District, it's officers, members, agents, employees, subcontractors, program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as a result of
the action or inaction of the School Resource Officer.
III.
Assignments
A School Resource Officer is an employee of the Town. This Agreement includes one
(1) School Resource Officer. The function of a School Resource Officer is to act as an educator,
counselor, and law enforcement official on the campuses and property of the District. The
School Resource Officer will be a licensed peace officer under the laws of the State of Texas.
The Town will select the officer from the eligible applicants for employment. The District will
provide input to the Town regarding the selection, with the final decision regarding employment
being the Town's decision. Town affirms it has complied or will comply, prior to the performance
of any work for District, with the requirements regarding criminal background checks as
provided under Texas Education Code, Chapter 22. This law requires the independent
contractor to obtain all criminal history record information on all persons to whom the law
applies through the Texas Department of Public Safety (DPS) clearinghouse. This process
includes fingerprinting in order to submit the individuals to a national check. Town must certify
to District that the Town has received all criminal history record information on all SROs, and
that there were no positive hits. The cost of this requirement is to be paid by the Town.
The District will have the authority to create and modify work schedules and make job
assignments while the officer is on -duty at a District campus or property. For school year 2015-
2016, the School Resource Officer is expected to be at his or her daily assignment at 8:00 am
and expected to remain working with District campuses, students, staff and parents until
4:00 pm daily, each day school is in session, unless the hours are adjusted to accommodate
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Town Council Minutes July 14, 2015 Page 136 of 159
other District assignments. The District will work with the SRO to manage their time, as to not
accrue District -initiated overtime for specific District requests. Any conflict of such schedules or
assignments will be referred to the Town and District Liaisons for resolution.
While the SRO is a police officer who reports to the Chief of Police or his designee, it is
also expected that the SRO will serve as contracted services to the District and is, therefore,
subject to campus assignment or temporary reassignment by the District Superintendent or his
designee based on the needs of the District.
IV.
District Obligations
The District shall provide the following:
• Office space at Medlin Middle School and Byron Nelson High School;
• Computer, telephone, and other office equipment as needed by the School Resource
Officer for the performance of their duties hereunder;
• Provide access and encourage classroom participation by the SRO;
• Provide the SRO with information and training on school procedures and policies;
• Provide the opportunity for the SRO to address teachers and administrators about the
SRO Program, goals and objectives;
• Seek input from the SRO regarding criminal justice problems relating to students;
• Notify the Chief of Police immediately if a conflict arises between the SRO and a District
representative;
• Allow campus principals to coordinate directly with the SRO regarding the individual
needs of their campus.
• Provide SRO with access, including computer access, to student records pursuant to the
Family Education Rights and Privacy Act (34 CFR § 99.31) for the purpose of criminal
investigation of criminal acts committed by students, if and only if, investigating on behalf
of the District and in furtherance of the duties as an SRO, not as an employee of the
Trophy Club Police Department.
V.
Funding/Consideration
Funding for the School Resource Officer services provided by Town shall be provided as
follows:
In consideration of the services provided and cross promises hereunder, for the school
year 2015-2016, the District shall pay the Town an amount not to exceed FIFTY FOUR
THOUSAND ONE HUNDRED AND EIGHTY SEVEN AND NO/100 DOLLARS ($54,187.00) for
the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from
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Town Council Minutes July 14, 2015 Page 137 of 159
the District, the Town shall remain responsible for the balance of the funding required to
maintain the officer's salary and standard Town employee benefits package. At all times under
this Agreement, and not withstanding any contribution of funds by the District, the Town shall
remain responsible for the withholding of income taxes and Social Security, and for workers
compensation, disability benefits, and insurance requirements for the School Resource Officer
in accordance with the Town's standard employee benefits package then in existence. The
Town will also ensure that the District remains listed as an additional insured on any policy
covering the officer's activities and duties.
If the SRO cannot report to an NISD campus for duty, the Town shall provide another
officer to fill in to perform the duties of the SRO in their absence. If an officer cannot be provided
the daily rate (contracted amount above divided by 177 school days) will be deducted from the
contracted amount for each day service is not provided by the Town.
Funding for renewal years, if applicable, shall be provided no later than February 29,
2016 in accordance with the terms of this Agreement.
VI.
Term/Termination
The term of this Agreement shall be in effect for the 2015-2016 school year with an initial
term of one (1) year commencing on or about August 1, 2015 and ending on or about July 31,
2016 (hereinafter "Initial Term"). After the Initial term, this Agreement may be renewed annually
for five (5) additional terms of one (1) year each by written agreement of the parties approved by
the respective governing bodies unless otherwise terminated as provided herein.
VII.
Replacement
The District may, for cause, request a replacement of the School Resource Officer. Such
a request shall be made through the Town's Chief of Police, shall be in writing and shall set
forth the basis for the request. A replacement School Resource Officer shall be provided as
soon as possible giving due consideration for the Town's staffing level and time required to
complete the outside hiring process as necessary. The Town shall have the authority to change
personnel serving as the School Resource Officer at any time, and in accordance with Section
III, Assignments of this Agreement. In the event that the Town changes such personnel for any
reason other than termination of the individual serving as School Resource Officer, Town shall
provide written notice to District of such personnel change.
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Town Council Minutes July 14, 2015 Page 138 of 159
VIII.
Notices
Notice to the Town shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and addressed as follows:
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Notice to the District shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and addressed as follows:
Superintendent of Schools
Northwest Independent School District
P.O. Box 77070
Fort Worth, Texas 76117
IX.
Town Employee
The School Resource Officer shall at all times remain employees of the Town subject to
the personnel policies of the Town and General Manual of the Trophy Club Police Department.
Subject to Section III of this Agreement, the District shall have the authority to make decisions
regarding the officer's assignment and schedule while on -duty at a District campus or property.
Town is and at all times shall be deemed to be an independent contractor. Nothing herein shall
be construed as creating the relationship of employer and employee, or principal and agent,
between District and Town or any of Town's agents or employees. Town assumes
responsibility for the acts of its employees as they relate to the services provided during the
course and scope of their employment. Town, its agents and employees, shall not be entitled to
any rights or privileges of District employees and shall not be considered in any manner to be
District employees.
X.
Governmental Immunity
Neither the Town nor the District waives or relinquishes any governmental immunities or
defenses on behalf of themselves, their trustees, officers, employees and agents as a result of
the execution of this Agreement and the performance of the functions or obligations hereunder.
Both parties agree that the services provided hereunder are exclusively governmental functions.
SRO NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 139 of 159
XI.
Workers Compensation
The Town shall provide, during the term of this Agreement, worker's compensation
insurance in the amounts as required by Texas state law, for all Town employees engaged in
work under this Agreement. As to all other insurance provided by Town, it shall provide the
District with documentation indicating such coverage prior to the beginning of any activities
under this Agreement.
XII.
Termination
This agreement may be terminated by either party at its sole option and without
prejudice by giving sixty (60) days written notice of termination to the other party. Upon
termination of this Agreement, the Town will assume any and all fiscal responsibilities from and
after the effective date of termination.
XIII.
Miscellaneous
13.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and
governed by Texas laws, and venue for any disputes or actions arising hereunder shall be
exclusive in Denton County, Texas.
13.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not
intend to create any rights or obligations other than those specifically set forth herein and this
Agreement shall not create any rights in persons not a party to this Agreement, including without
limitation, any individual serving hereunder as the School Resource Officer.
13.03. Authority to Bind. The undersigned officer and or agents of the parties hereto
are properly authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are now in full force and effect.
13.04. Modifications. All modifications to this Agreement shall be in writing and
approved by the respective governing body for each party.
13.05 Entire Agreement. This Agreement embodies the complete agreement of the
parties hereto superseding all oral or written previous and contemporary agreements between
the parties relating to matters herein and, except as otherwise provided herein, cannot be
modified without written agreement of the parties as provided herein.
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13.06. Waiver. No waiver of a breach or any provision of this agreement by either party
shall constitute a waiver of any subsequent breach of such provision. Failure of either party to
enforce at any time, or from time to time, any provisions of this Agreement shall not be
construed as a waiver thereof.
13.07. Severability. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, conditions or any other part of this Agreement 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 Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
13.08. Independent Contractor. Each party covenants and agrees that it is an
independent contractor and not an officer, agent, servant or employee of the other party; that
subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right
to control the details of the work performed hereunder and all persons performing same, and
shall be responsible for the acts and omissions of it officers, agents, employees, contractors,
subcontractors and consultants. Nothing herein shall be construed as creating a partnership or
joint enterprise between Town and District.
13.09. Contract Performance Reviews. Each party agrees to meet periodically in order
to review contract performance of sections I, II, III, IV and V. The purpose of the meeting is to
ensure that each party's provided services and job performance are meeting expectations of the
other party. The meeting will include the District Liaison and the School Resource Officer's
immediate supervisor within the police department. At a minimum, the District Liaison and the
School Resource Officer's immediate supervisor will meet once in October and once in
February of each academic school year.
13.10 Assignment. Neither party shall assign, transfer, or sub -contract any of its rights,
burdens, duties or obligations under this agreement without the prior written permission of the
other party to the Agreement.
13.11 Resources. All District provided equipment will be returned at the end of each
school year for safe keeping, inventory, maintenance and service.
XIV.
Liability
Any claims by third parties arising as a result of the enforcement of Local, State, or
Federal law, including employment claims, shall be handled by, and be the responsibility of, the
Town. Any claims by third parties arising as a result of the enforcement of District policy or
procedure shall be handled by, and be the responsibility of the District.
SRO NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 141 of 159
IN WITNESS WHEREOF, the parties have executed this Contract as of the Dates
shown below their respective signatures.
NORTHWEST INDEPENDENT SCHOOL DISTRICT
Title: Date:
ATTEST:
APPROVED AS TO FORM:
TOWN OF TROPHY CLUB,,TEXAS
By: G� 7 f ly /)
_�
Mayor: C. Nick Sanders Date:
ATTEST: OF T Ati APPROVED AS TO FORM:
CiA� �I'O r
Town Se ary: Holly Fimlareks m Town Attorney, Patricia Adams
v
SRO NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 142 of 159
ATTACHMENT J
Partially Executed —Interlocal Agreement with NISD for School Resource Officer/Absent Student Assistance
Program
Town Council Minutes July 14, 2015 Page 143 of 159
STATE OF TEXAS §
Interlocal Agreement by and between
§
The Town of Trophy Club, Texas and
§
Northwest Independent School District
§
for School Resource Officer Services
This Agreement is entered into upon the date of the last party's signature to this
Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation
located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest
Independent School District, A Texas District located in Denton, Tarrant and Wise Counties,
Texas (hereinafter referred to as the "District"). The Town and District made the following
findings in entering into this Agreement:
WHEREAS, this Agreement for School Resource Officer (SRO) Services is made
pursuant to the authority granted to the parties pursuant to Texas Government Code 791.001 -
791.0029, known as the Interlocal Cooperation Act; and
WHEREAS, the expense of any payments of performance required by this Agreement
shall come from current revenues legally available to the parties;
WHEREAS, the subject of this Agreement is necessary for the benefit of the public and
the students and each party, and the performance and payment provided fairly compensates
both parties; and
WHEREAS, the goals of the SRO Program are as follows:
1. Provision of security and protection of District's students, staff, and property.
2. Reduction of criminal offenses committed by juveniles and young adults.
3. Establish rapport with the students.
4. Establish rapport with the parents, faculty, staff, administrators and other adults.
5. Create and expand programs with vision and creativity to increase student
participation, which will benefit the students, the District, the Police Department, and
the community.
6. Present positive role models for students.
NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set
forth and for adequate consideration given, the parties agree to cooperate in securing the
placement of one (1) School Resource Officer for the District as follows:
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Town Council Minutes July 14, 2015 Page 144 of 159
1.
Town Obligations
The Town agrees to provide one (1) fully -qualified, licensed peace officer who will be
assigned by the Town to serve as a School Resource Officer. The Town agrees to supply any
and all necessary equipment, including but not limited to uniforms, radio, computer, and any
other personal defense equipment for the School Resource Officer. The Town agrees to
provide all of the above to the District, for the consideration provided in section V below.
If the SRO cannot report for duty and will be absent for a day or partial day the Town shall notify
the District liaison, via email, that the SRO is not going to be reporting for duty and the name of
the substitute Officer. If the Town cannot provide an officer, the funding will be adjusted as
outlined in section V.
II.
Duties of School Resource Officer
2.01 Duties. While on duty for the District, the School Resource Officer shall perform
and otherwise fulfill the following duties and obligations including, but not limited to the following:
• Work closely with campus and District staff to provide a safe and secure learning
environment.
• Act as a resource person in the area of law enforcement education.
• Cooperate and assist, in any manner assigned in compliance with the law by the District,
in any District efforts, programs, or classes to educate students on law enforcement and
criminal justice issues.
• Serve Absent Student Assistance Program (ASAP) requests from all NISD campuses
and facilities. This includes follow-up with return reports to the requesting campus within
24 hours. Initial ASAP service attempt must be made the same day as request is
received.
Make arrests and referrals of criminal law violators within the discretion of the School
Resource Officer. Although the SRO has been placed in a formal education
environment, they are not relieved of their official duties as enforcement officers.
Decisions to intervene normally will be made when it is necessary to prevent violence, a
breach of the peace, personal injury or loss of property. Citations should be issued and
arrests made when appropriate and in accordance with Town Police Department policies
and procedures.
• Conduct or assist in criminal investigations of violations of law on District property.
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Town Council Minutes July 14, 2015 Page 145 of 159
• Provide a law enforcement resource when necessary to maintain the peace on the
District's property and campuses.
• Take enforcement action on criminal offenses when appropriate and in accordance with
Town Police Department policies and procedures.
• Wear an approved police uniform while on duty, or other apparel as approved by the
Chief of Police
• Perform other duties requested by the District so long as the performance of such duties
is legitimately and reasonably related to the purposes of this Agreement and so long as
such duties are consistent with state and federal law and the policies and procedures of
the District and the Town.
• Follow and conform to all policies and procedures of the District that do not conflict with
the policies and procedures of the Town. The parties to this Agreement shall abide by all
rules, regulations and procedures as outlined in the Civil Rights Act.
• Assist and evaluate with the implementation of security programs at the request of the
District.
• Coordinate with school administrators, staff, other law enforcement agencies and courts
to promote order and security on District campuses and property.
• Accompany and provide a secure environment for students and District personnel on
curricular and extracurricular trips inside and outside of the District.
• Attend and provide a secure environment at any school -related events and functions
including but not limited to, sporting events, class dances and socials, and other social
or educational gatherings within District campuses and property.
• Counsel with parents and staff as necessary.
• Coordinate directly with campus principals regarding the individual needs of their
campus or the District.
• Use a common sense approach to enforcement and conduct self in a professional
manner.
• Report all situations involving violence or other dangerous situations to the District
Superintendent or designee as soon as possible.
• Advise students on responsibilities and procedures concerning criminal matters.
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 146 of 159
• Help resolve issues between students that involve matters that may result in criminal
violations, disturbances or disruptions.
• Maintain confidentiality of student information in compliance with the Family Education
Rights and Privacy Act ("FERPA").
If at some point, the work schedule of the School Resource Officer does not fulfill the full-time
requirements of a Town employee, the Town retains the right to direct the activities of the
School Resource Officer in order to comply with the full-time requirements.
2.02. Property Damage. To the extent provided by law, the Town or its Police Department will
not under any circumstances be responsible for any property belonging to the District, it's
officers, members, agents, employees, subcontractors, program participants, licensees or
invitees, which may be lost, stolen, destroyed or in any way damaged as a result of the action or
inaction of the School Resource Officer.
III.
Assignments
A School Resource Officer is an employee of the Town. This Agreement includes one
(1) School Resource Officer. The function of a School Resource Officer is to act as an educator,
counselor, and law enforcement official on the campuses and property of the District. The
School Resource Officer will be a licensed peace officer under the laws of the State of Texas.
The Town will select the officer from the eligible applicants for employment. The District will
provide input to the Town regarding the selection, with the final decision regarding employment
being the Town's decision. Town affirms it has complied or will comply, prior to the performance
of any work for District, with the requirements regarding criminal background checks as
provided under Texas Education Code, Chapter 22. This law requires the independent
contractor to obtain all criminal history record information on all persons to whom the law
applies through the Texas Department of Public Safety (DPS) clearinghouse. This process
includes fingerprinting in order to submit the individuals to a national check. Town must certify
to District that the Town has received all criminal history record information on all SROs, and
that there were no positive hits. The cost of this requirement is to be paid by the Town.
The District will have the authority to create and modify work schedules and make job
assignments while the officer is on -duty at a District campus or property. For school year 2015-
2016, the School Resource Officer is expected to be at his or her daily assignment at 8:00 am
and expected to remain working with District campuses, students, staff and parents until
4:00 pm daily, each day school is in session, unless the hours are adjusted to accommodate
the service of ASAP in the evening hours or any other District assignment. ASAP has a proven
success rate when served in the evening hours when the family unit is present. ASAP requests
are unscheduled and on an as needed basis, the District will work with the ASAP assigned SRO
to accommodate a 40 hour work week. The District will work with the SRO to manage their time,
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 147 of 159
as to not accrue District -initiated overtime for ASAP and specific District requests. Any conflict
of such schedules or assignments will be referred to the Town and District Liaisons for
resolution.
While the SRO is a police officer who reports to the Chief of Police or his designee, it is also
expected that the SRO will serve as contracted services to the District and is, therefore, subject
to campus assignment or temporary reassignment by the District Superintendent or his
designee based on the needs of the District. The SRO is, first and foremost, a law enforcement
officer for the Town Police Department and shall be responsible for carrying out all duties and
responsibilities of a police officer and shall remain at all times under the control, through the
chain of command, of the Town Police Department.
IV.
District Obligations
The District shall provide the following:
• Office space at Medlin Middle School and Byron Nelson High School;
• Computer, telephone, and other office equipment as needed by the School Resource
Officer for the performance of their duties hereunder. Provide access and encourage
classroom participation by the SRO;
• Laptop computer with aircard service.
• Provide the SRO with information and training on school procedures and policies;
• Provide the opportunity for the SRO to address teachers and administrators about the
SRO Program, goals and objectives;
• Seek input from the SRO regarding criminal justice problems relating to students;
• Notify the Chief of Police immediately if a conflict arises between the SRO and a District
representative;
• Allow campus principals to coordinate directly with the SRO regarding the individual
needs of their campus.
• Provide SRO with access, including computer access, to student records pursuant to the
Family Education Rights and Privacy Act (34 CFR § 99.31) for the purpose of criminal
investigation of criminal acts committed by students, if and only if, investigating on behalf
of the District and in furtherance of the duties as an SRO, not as an employee of the
Trophy Club Police Department.
• A SRO/ASAP vehicle as more specifically described in Section VI below.
V.
Funding/Consideration
Funding for the School Resource Officer shall be provided as follows:
In consideration of the services provided and cross promises hereunder, for the school
year 2015-2016, the District shall pay the Town an amount not to exceed FIFTY TWO
THOUSAND SEVEN HUNDRED AND FOUR AND NO/100 DOLLARS ($52,704.00) for the
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Town Council Minutes July 14, 2015 Page 148 of 159
maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the
District, the Town shall remain responsible for the balance of the funding required to maintain
the officer's salary and standard Town employee benefits package. At all times under this
Agreement, and not withstanding any contribution of funds by the District, the Town shall remain
responsible for the withholding of income taxes and Social Security, and for workers
compensation, disability benefits, and insurance requirements for the School Resource Officer
in accordance with the Town's standard employee benefits package then in existence. The
Town will also ensure that the District remains listed as an additional insured on any policy
covering the officer's activities and duties.
If the SRO cannot report to an NISD campus for duty, the Town shall provide another officer to
fill in to perform the duties of the SRO in their absence. If an officer cannot be provided the daily
rate (contracted amount above divided by 177 school days) will be deducted from the
contracted amount for each day service is not provided by the Town.
Funding for renewal years, if applicable, shall be provided no later than February 29, 2016, in
accordance with the terms of this Agreement.
VI.
SRO Vehicle
NISD agrees to lease one SRO vehicle equipped to perform SRO/ASAP duties for NISD
business to the Town. The vehicle shall be leased to the Town for the amount of $1.00 per term
of this Agreement.
• The Town shall have the vehicle covered under the Town's liability (fleet) insurance
policy.
• The District shall be directly responsible for customary maintenance, repairs, and fuel for
the vehicle. The District shall provide the SROs with the necessary information and
authority to obtain such goods and service to maintain his/her provided vehicle in good
running order.
• The vehicle shall not be utilized for SRO's off-duty work.
• The vehicle shall only be operated by the assigned SROs and District employees.
VII.
Term
The term of this Agreement shall be in effect for the 2015-2016 school year with an initial
term of one (1) year commencing on or about August 1, 2015 and ending on or about July 31,
2016 (hereinafter "Initial Term"). After the Initial term, this Agreement may be renewed annually
for five (5) additional terms of one (1) year each by written agreement of the parties approved by
the respective governing bodies unless otherwise terminated as provided herein.
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VIII.
Replacement
The District may, for cause, request a replacement of the School Resource Officer. Such
a request shall be made through the Town's Chief of Police, shall be in writing and shall set
forth the basis for the request. A replacement School Resource Officer shall be provided as
soon as possible giving due consideration for the Town's staffing level and time required to
complete the outside hiring process as necessary. The Town shall have the authority to change
personnel serving as the School Resource Officer at any time, and in accordance with Section
III, Assignments of this Agreement. In the event that the Town changes such personnel for any
reason other than termination of the individual serving as School Resource Officer, Town shall
provide written notice to District of such personnel change.
IX.
Notices
Notice to the Town shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and addressed as follows:
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
Notice to the District shall be accomplished by registered or certified United States Mail,
postage prepaid, return receipt requested and addressed as follows:
Superintendent of Schools
Northwest Independent School District
P.O. Box 77070
Fort Worth, Texas 76117
X.
Town Employee
The School Resource Officer shall at all times remain an employee of the Town subject
to the personnel policies of the Town and General Manual of the Trophy Club Police
Department. Subject to Section III of this Agreement, the District shall have the authority to
make decisions regarding the officer's assignment and schedule while on -duty at a District
campus or property. Town is and at all times shall be deemed to be an independent contractor.
Nothing herein shall be construed as creating the relationship of employer and employee, or
principal and agent, between District and Town or any of Town's agents or employees. Town
assumes responsibility for the acts of its employees as they relate to the services provided
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 150 of 159
during the course and scope of their employment. Town, its agents and employees, shall not be
entitled to any rights or privileges of District employees and shall not be considered in any
manner to be District employees.
XI.
Governmental Immunity
Neither the Town nor the District waives or relinquishes any governmental immunities or
defenses on behalf of themselves, their trustees, officers, employees and agents as a result of
the execution of this Agreement and the performance of the functions or obligations hereunder.
Both parties agree that the services provided hereunder are exclusively governmental functions.
XII.
Workers Compensation
The Town shall provide, during the term of this Agreement, worker's compensation
insurance in the amounts as required by Texas state law, for all Town employees engaged in
work under this Agreement. As to all other insurance provided by Town, it shall provide the
District with documentation indicating such coverage prior to the beginning of any activities
under this Agreement.
XIII.
Termination
This agreement may be terminated by either party at its sole option and without
prejudice by giving sixty (60) days written notice of termination to the other party. Upon
termination of this Agreement, the Town will assume any and all fiscal responsibilities from and
after the effective date of termination.
XIV.
Miscellaneous
14.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and
governed by Texas laws, and venue for any disputes or actions arising hereunder shall be
exclusive in Denton County, Texas.
14.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not
intend to create any rights or obligations other than those specifically set forth herein and this
Agreement shall not create any rights in persons not a party to this Agreement, including without
limitation, any individual serving hereunder as the School Resource Officer.
14.03. Authority to Bind. The undersigned officer and or agents of the parties hereto
are properly authorized officials and have the necessary authority to execute this Agreement on
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 151 of 159
behalf of the parties hereto, and each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and are now in full force and effect.
14.04. Modifications. All modifications to this Agreement shall be in writing and
approved by the respective governing body for each party.
14.05 Entire Agreement. This Agreement embodies the complete agreement of the
parties hereto superseding all oral or written previous and contemporary agreements between
the parties relating to matters herein and, except as otherwise provided herein, cannot be
modified without written agreement of the parties as provided herein.
14.06. Waiver. No waiver of a breach or any provision of this agreement by either party
shall constitute a waiver of any subsequent breach of such provision. Failure of either party to
enforce at any time, or from time to time, any provisions of this Agreement shall not be
construed as a waiver thereof.
14.07. Severability. If any of the terms, sections, subsections, sentences, clauses,
phrases, provisions, covenants, conditions or any other part of this Agreement 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 Agreement shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
14.08. Independent Contractor. Each party covenants and agrees that it is an
independent contractor and not an officer, agent, servant or employee of the other party; that
subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right
to control the details of the work performed hereunder and all persons performing same, and
shall be responsible for the acts and omissions of it officers, agents, employees, contractors,
subcontractors and consultants. Nothing herein shall be construed as creating a partnership or
joint enterprise between Town and District.
14.09. Contract Performance Reviews. Each party agrees to meet periodically in order
to review contract performance of sections I, II, III, IV and V. The purpose of the meeting is to
ensure that each party's provided services and job performance are meeting expectations of the
other party. The meeting will include the District Liaison and the School Resource Officer's
immediate supervisor within the police department. At a minimum, the District Liaison and the
School Resource Officer's immediate supervisor will meet once in October and once in
February of each academic school year.
14.10 Assignment. Neither party shall assign, transfer, or sub -contract any of its rights,
burdens, duties or obligations under this agreement without the prior written permission of the
other party to the Agreement.
SRO/ASAP NISD FY2015-2016 Agreement
Town Council Minutes July 14, 2015 Page 152 of 159
14.11 Resources. All District provided equipment will be returned at the end of each
school year for safe keeping, inventory, maintenance and service.
XV.
Liability
Any claims by third parties arising as a result of the enforcement of Local, State, or
Federal law, including employment claims, shall be handled by, and be the responsibility of, the
Town. Any claims by third parties arising as a result of the enforcement of District policy or
procedure shall be handled by, and be the responsibility of the District.
IN WITNESS WHEREOF, the parties have executed this Contract as of the Dates
shown below their respective signatures.
NORTHWEST INDEPENDENT SCHOOL DISTRICT
Title:
ATTEST:
APPROVED AS TO FORM:
TOWN OFT HY EXAS�
By: ---
Mayor: C. Nick Sanders
ATTEST:
Town
Pr
�s
Holly Firires
g
SRO/ASAP NISD FY2015-2016 Agreement
Date:
1 l5
Date:
APPROVED AS TO FORM:
Town Attorney, Patricia Adams
Town Council Minutes July 14, 2015 Page 153 of 159
ATTACHMENT K
Ordinance No. 2015-14
Town Council Minutes July 14, 2015 Page 154 of 159
TOWN OF TROPHY CLUB
ORDINANCE NO. 2015-14
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING THE FY 2014-2015 BUDGET OF THE TOWN OF TROPHY
CLUB, TEXAS (BUDGET AMENDMENT NO. 2); PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT
TO APPROPRIATE FUNDS RELATED TO CHANGES TO EQUIPMENT
AND SERVICES AND SUPPLIES FOR VARIOUS DEPARTMENTS,
CAPITAL OUTLAY AND REVENUES NOT INCLUDED IN THE
ORIGINAL BUDGET, AND PERSONNEL CHANGES; PROVIDING FOR
AN AMENDMENT TO REDUCE A TRANSFER FROM THE CRIME
CONTROL AND PREVENTION DISTRICT BUDGET TO THE DEBT
SERVICE FUND; PROVIDING FOR AN AMENDMENT TO REPURPOSE
FUNDS PROVIDED BY NORTHWEST INDEPENDENT SCHOOL
DISTRICT FOR THE PURPOSE OF THE SCHOOL RESOURCE
OFFICER PROGRAM; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2014-2015 Budget
("Budget") was adopted within the time and in the manner required by State Law; and
WHEREAS, in that Budget, the Town Council did not appropriate sufficient funds
for expenditures associated with personnel changes in the Manager's Office and
Human Resources Department, GIS Services in Information Services, increased water
consumption in the Medians Department, higher than anticipated building maintenance
in the Facilities Maintenance Department, two vehicle replacements in the Crime
Control and Prevention District budget, body camera replacements in the Crime Control
and Prevention District budget, and illuminated street signs and sign replacement in the
Street Maintenance Sales Tax Fund; and
WHEREAS, in the Budget, the Town Council budgeted revenue from Northwest
Independent School District for the purpose of providing School Resource Officers, and
during a portion of the school year one position was vacant resulting in approximately
$27,000 in funding due to Northwest Independent School District, that Northwest
Independent School District has agreed to allow the Town to repurpose the funds to a
program to benefit the School District; and
WHEREAS, the expenditures have been effectively offset by savings resulting
from a decision not to purchase an ambulance that was appropriated in the Budget, and
the offsets have, in total, resulted in no net effect to the General Fund; and
WHEREAS, this amendment reappropriates $80,000 in the General Fund for
total expenditures related to a various services and items; and
ORD 2015-14 Page 1 of 5
Town Council Minutes July 14, 2015 Page 155 of 159
WHEREAS, in the Budget, the Town Council appropriated a transfer of funds
from the Crime Control and Prevention District budget to the Debt Service Fund to pay
for a portion of a new Police Facility; and
WHEREAS, that transfer of funds for debt service was not necessary as no debt
was issued related to a Police Facility in fiscal year 2015; and
WHEREAS, this amendment reduces a transfer out by $74,000 from the Crime
Control and Prevention District budget to the Debt Service Fund; and
WHEREAS, on June 3rd, 2015, and as amended on July 8th, 2015, the CCPD
approved an amendment to appropriate excess funds from the Crime Control and
Prevent District budget to purchase vehicles and body cameras in the amount of
$74,000; and
WHEREAS, this Budget Amendment appropriates $15,000 in the Street
Maintenance Sales Tax Fund, which is offset by increased sales tax revenue, for the
procurement of illuminated street signs and sign replacement; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds that this
Budget Amendment, as set forth in Exhibit "A", will serve the public interest and is
necessary to support Town operations; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and
determines that the change in the Budget for the stated municipal purpose serves best
interests of the taxpayers, is necessary and warrants action at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
The Town of Trophy Club, Texas, Fiscal Year 2014-2015 Budget is hereby
amended to fund the line items as stated in Exhibit "A", a copy of which is attached
hereto and incorporated herein. This Budget Amendment No. 2 (Exhibit "A") to the
Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2014-2015 is
incorporated in and shall be attached to and made part of the Budget by the Town
ORD 2015-14 Page 2 of 5
Town Council Minutes July 14, 2015 Page 156 of 159
Secretary and shall be filed in accordance with State Law. This Ordinance is hereby
adopted and shall constitute the second amendment that has occurred since the
October 1, 2014 effective date of the Town's Fiscal Year 2014-2015 Budget.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting the Fiscal Year 2014-2015 Budget of the Town and shall not repeal any of the
provisions of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether such
Ordinances are codified or uncodified, and all other provisions of the Ordinances of the
Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this
Ordinance, shall remain in full force and effect.
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 portions 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 the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
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 the 14th day of July, 2015. 42
Mayor, Nick Sanders
Town of Trophy Club, Texas
ORD 2015-14
Page 3 of 5
Town Council Minutes July 14, 2015 Page 157 of 159
ATTEST: [SEAL]
Holly FirWres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORD 2015-14
Page 4of5
Town Council Minutes July 14, 2015 Page 158 of 159
Exhibit "A"
Town of Trophy Club
Budget Amendment No. 2
There is no net effect on the Fiscal Year 2014-2015 General Fund, Crime Control and
Prevention District and Street Maintenance Sales Tax budgets as a result of the
proposed Budget Amendment No. 2. The Fiscal Year 2014-2015 Debt Service Fund
decrease specified below is a result of the transfer from the Crime Control and
Prevention District budget being reduced as a result of no debt being issued for a Police
Facility.
General Fund
Line Item
Department
Current Budget
Amendment
Amended Budget
Salaries
Manager's Office
673,672
20,000
693,672
Programs and Special Projects
Police
1,500
25,000
26,500
Small Equipment
Police
6,150
2,000
8,150
Capital Outlay
EMS
179,360
(80,000)
99,360
Water
Medians
32,273
8,000
40,273
Salaries
HR
51,765
5,000
56,765
Medical Insurance
HR
0
5,000
5,000
Independent Labor
IT
3,000
5,000
8,000
Software & Support
IT
216,102
5,000
221,102
Building Maintenance
Facilities Maint.
10,000
5,000
15,000
CCPD
Line Item
Department
Current Budget
Amendment
Amended Budget
Capital Outlay
CCPD
107,679
49,000
156,679
Small Equipment
CCPD
36,285
25,000
61,285
Transfer to Debt Service
CCPD
75,000
(74,000)
1,000
Street Maintenance Sales Tax
Line Item
Department
Current Budget
Amendment
Amended Budget
Signs and Markings
Street Maint.
15,000
15,000
30,000
Sales Tax
Street Maint.
(163,636)
(15,000)
(178,636)
Debt
Service Fund
Line Item
Department
Current Budget
Amendment
Amended Budget
Transfer In - CCPD
Debt Service
(75,000)
74,000
(1,000)
ORD 2015-14
Page 5 of 5
Town Council Minutes July 14, 2015 Page 159 of 159