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Minutes TC 10/13/2015
MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, OCtpber 13, 2015 at 7:Bo P.M. Svor¢ Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, October 13, 2016. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS 5 COUNTY OF OENTON 5 TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place S Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 fthylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip shoffner Council Member, Place 6 STAFF ANO GUESTS) PRESENT: Sievert Glickman Assistant Town Manager/CFO Patricia Adams Town Aftom¢y Holly Fimbres Town secretary/RMO Patrick Ara[a Police Chief Pat Cooke Development Services Manager Ron Ruthyen Town Planner John 2agu rski straieglc seM<es Coortlinator Maypr sanders announcetl the date of Tuesday, October 13, 2015, called the Town Council to order and announced a quorum at T:00 p.m. The Invocation was offered by Mayor Sanders. The Pledges were led by Council Member Rowe. (Town Secretary Note: The agentla items were presented in the following order: Citizen Presentations; Consent Agenda; Item No. 11; Item No. 12; It¢m No. 13; item No. 35; Item No. 16; Item NO. iT; Item NO. 14; Executiv¢ Session; Item NO. 22; 1[¢m No. 18; Item No. 19; and Item No. 2O) CITIZEN PRESENTATIONS This is an opportun/[y for dt/zens [o address the Counc// on any matter whether or not it is posted on the agenda. The Councl/ Is not permitted [o Cake gQ/on on or discuss any presentohons made Yo the Council of this t/me ming an lfem not /lsted on the agenda. The Covncl/ wl// hear presenmtlons on specrjlc agenda hems prior to fh¢ COuncl/ Oddressing those Items. You may speak up to four (4J m notes or the Hme /im(t determined by the Mayor Or presiding t�cer. TO speak during this item you musf c mp/e[¢ the Speaker's form that Includes the foptc(s) of your statement Topics ofpresenwtion shoo/d be limited to matters over which the Counci/ has authority. There were no citizen presentations. Town COVOdI MIp VIES OclOEcr i3. 20t5 PeBB t 0r 213 CONSENT AGENDA A// matters listed ps Consent Agenda ore c nsitleretl [o be routine by [he Town Counci/ and wll/ be enacted by one motion. There w//I no[ be p separate discussion of these /terns. If discussion Is tlesired that item w//I be removed from the consent agenda and wi// be cons)tlered separately. 1. Consider and take appropriate action regarding the Minutes tlated September 8, 2015. (Town Secretary Nate: Approved as presented at [he tlais) 2. Consider and take approprlate artian regarding an Interlocal Joint Electon Agreement between LM1e Town and the Tarrant County Elections Administrator for administration of the Town's November 3, 2015 Special Electipn; authprizing the payment of fees; and authorizing fhe Mayor or his designee [o execute all necessary documents. Attachment A— /nteAocp/Joint Election Agreement 3. consider and take appropriate action regarding financial and variance report dated August 2015. 4. Consider and take approprlate action regarding an agreed termination of Service contract between [he Town and Economic Development corporation 46 for payment of principal and Interest for the construction of a municipal park and swimming pool. Attachment B — Ppr[ia//y Executed — T¢rm/npflon of Serv/ce Controc[ 5. Consider antl take appropriate action regarding an Interlocal Agreement between the Town antl Uentpn Cpunty for Public Safely Application SuppoK antl Maintenance; and autM1orizing [he Mayor or his designee fo execute all necessary documents. Attachment C—Portia//y Executed — Publ/c Safety App/ico[ion Support anti Maintenance Agreement 6. Consider and take appropriate action regarcling a Resolution repealing Resolution Np. 2014-41 authorizing participation in various cooperatve purchasing programs and adopting a solution authorizing participation In various cooperative purchasing programs In a ordance wlihether Town's Procurement Policies and Procedures; authorizing ex¢cution of any and all n sary agreements for participation In the cooperative programs by [he Mayor or his designee; approvings related <ontratt5 antl tM1e payment of relatetl fees in accordance with ffie budget; and providing an effectve date. Attachment O — Reso/ut/on No. 1035-33 7. Consider and take apprppriate anion regarding a Meritorious Exceptipn for a wall sign proposal located a[ 800 Trophy Club Drive, LM1e property being located in the NS-Neighborhood Services zoning district. 8. Consider and take appropriate action regarding a Meritorious Exception for a development Sign proposal located at 3000 SH 114, tM1e property being located in the PO 25 zoning district. 9. Consider and Sake appropriate action regarding a Lease Agreement between the Town and Verizon Wireless and authorizing the Mayor pr his designee So execute all necessary documents. Attachment E—Portia//y Executed—Verizon Lond Lease Agreem¢n[ (Crooked GeekJ 10. Consider and take appropriate action regarding a Resolution of tM1e Town Council adopting an investment po11cY; antl Providing an effective date. Attachment F- Reso/u[ion No. 2015-31 Town Council Mlnutea OclaEer f 3, 2a/5 Page 2 0(223 Motion made by Council Member Parrow, second¢d by Mayor Pro Tem Lamont, to approve ih¢ Consent Agenda Items 1 through 30. Motion passed unanimousiy. REGULAR SESSION 31. Receive public input regarding the Police and Town Hall {acllity; discussion of sam¢. There was no one present that wished to speak regarding the item. No action was taken on this Item. 12. Receive an update from Fr¢¢Se and Nichols regarding the Hazardous Mitigation Anion Plan (HMAP), consitler and W ke appropriate action regarding sam¢; discussion Of same. At[ochmen[ G— Fre¢s¢ Doti Nichols HMAP Pr¢s¢ntp[fon Katie Hogan, Stormwat¢r Engineer with Freese and Nichols, provided a presentation regarding She HMAP, which ncluded: What is an HMAP; Why; When -Project Timeframe; How —HMAP Development; Public Involv¢menf; Risk Assessment for 8 Hazards; Example — Tornatlo Risk Assessment; Mitigation Action Plan; Mitigation Acitons — Tornatlo; Plan Adoption antl Approval; and Plan Maintenance. Mayor Pro Tem Lamont commented that the list of Steering Committee members is outtlated. Discussion took plat¢ that the study was Funded through the drainage fund and [hat having a approv¢d HMAP allows the ability to apply for various grant programs through Fetl¢ral Emergency Management Agency (FEMA). KeIIY Dlliartl, Stormwater Group Manager with Freese and Nichols, c mented Yhat the HMAP will have io b¢ updated every five years. She added that There Is an opportunity every year to apply for funding through the grant assistance program for construction protects that eliminate or prevent flooding within xhe community. Motion: Motion made by Council Member Parrow, sewnded by Council Member Rowe, YO approve the HMAP as presented with the appropriate changes to the personnel listed under the Steering Committee members. Motion passed unanimousiy. 13. Consider and take appropriate ac[lOn regarding an Economic Development Agreement between tha Town, Tax Increment Reinvestment Zan¢ No. 1, Economic Development Corppration 4g, and Oltl Town Development (OTO) Tq LLC antl OTD TC2, LLC, antl authorizing The Mayor or his design¢¢ to execut¢ ali necessary documents. ACtpchmen[ H — OTO Economic Oeve/opment Agreement TOWp Attorney Atlams commented that Sh¢re w slight differences between the term sheet and agreement due to amendments chat were made by the tleveloper's lender, as necessary for the financing of the project. MOHOn[ Motion matl¢ by Council Member Rowe, s ond¢tl by Mayor Pro Tem Lamont, to approv¢ the Economic Development Agreement between the Town,¢Tax Increment Reinvestment Zone No. 1, Economic Development Corporaiion 46, and Old Town Development (OTD) TC, LLC antl OTD TC2, LLC, as presented, and authorize the Mayor or his daslgnee t0 axeeUte all necessary documents. Motion passed unanimously. Town Council MinuMs Oc[obar 13. 2015 PeOa 3 of 2'13 14. Discussion regarding a resident request far a water rate review; and wnsider and take appropriate action regarding same. Af[ochm¢nt / — BJ!! Ros¢ Win[¢r Av¢ro9ln9 - Ro[¢ APP¢o/ Pr¢s¢nto[ion BIII Rose, 219 Inverness DrNe, providetl a update regarding the r¢qu¢st for a water rat¢ r and stated that the Public Utility Commission of Texas appeal process requir¢s 30 percent of the Trophy Club Municipal Utility District (TCMUD) No. 1 customers, a29 signatures w ob[ain¢d, and that [h¢ appeal w mailed on October 8, 2035 but is pending a tlocket number. He commented that the TCMUD No. 1 has funded a unt within Yh¢ir legal budget far a rate appeal, and that the Texas Office of Public Utility Counsel r arked that th¢ cost of a rate appeal Is approximately $100,000 plus depending upon th¢ duration of a contested case hearing. He added Yhat he would advocate that the TCMUD No. 1 not be allowed to pass the cost on io the curtomers. Additionally, he anted [hat he will be proposing tp [h¢ TCMUD No. 1, at their next meeting, to end the rate appeal with a just and reasonable resplution. Mayor Sanders commented that several ¢mails have c e through from PID residents ¢ raging the Town to join the appeal, and he no[etl that tf the Town were to join there woultl be a cost to hir¢ consultants to manage the appeal process. Discussion took place regarding the cost of the appal and the poxential fo have those costs passed on to the TCMUD No. 1 customers. Council Member Kurtz inquired what the benefit was for the PID residents [o parddpate with [h¢ appeal. Mr. Rose commented that he personally believed that the bene£It would be that it would offer them a scat at [ha table. Discussion a ued refat¢tl to how the Texas Office of Public Utility Counsel Is funded, the possibibty that th¢ Counsel may not take the c nd if they do not lake the case then Mr. Rose w uld still receNe a hearing. Additional conversation took place Chat if the PID residentr joined the appeal, there would be anoth¢r $100,000 added to the cost, which could be passed on to both TCMUD No. 1 astomers and PID residents. Mr. Rose displayed charts that he produced regarding possible winter averaging savings. TCMUD No. 1 Board Director N¢il Twomey stated that he does not want his Taxpayer dollars used So go towards this. He c anted that the Board r wed w nter averaging and chat they did not observe any cost savings. He atldetl that if the rate formula were changed, there would be a possibility that residents with smaller homes woultl end up paying more. Additionally, h¢ stated that hew noble to s¢¢ any cost savings from any documentarian that Mr. Rose had provided xp the Board, and commented [hat their races are lower than the surrounding areas. (Town Secretary Note: Council entered into Exe<utiv¢ Session to seek Legal Advice on the Item) 15. Consider and take appropriate action regarding a request fora 55[e Plan for the expansion of [he Trophy Club Municipal Utility Dtrtrict Wastewater Treatment Fa<IIffY including consideration antl action on r¢Im¢d waivers to the Town's Landscaping, Parking Lot Paving and Fire Lane R¢quir¢ments on 30.58 acres locat¢tl in the Mary Medlin Survey, Abstract g32 on Junction Way; discussion of terms of [he October J, 201H Right of Way Encroachment and Joint Use Agreement letter_ A[[oMmenf l —TCMUD No_ 1 Site Plat Pr¢s¢n[ption Town Cauncll Mlnulas Dctab¢r t3, 2pt5 Pafla 4 of 2t3 Town Planner Ruxhven recommended in orppraCing Exhibit F, revised sheets showing all existing fences, and to replace the corresponding pages Iisxed in exhibit B, Site Plan. Additionally, he proyitled an update regarding the Planning and Zoning Commission recommendations a[ their October 1, 2015, meeting. Mayor Pro Tem Lamont requested that She Council discuss each of the waiver requests and inquired about the fire lane tlimensions. Fire Chief Thomas commented that the adopted 2D09 International Fire Cotle requires that the fire lane width be 20 feet but that the adopted North Central Texas Councl of Governments (NCTCOG) amendments extended the width to 24 feet. Development Services Manager Cooke added that the minimum turMng radWs Is 25 feet. Discussion took place that the new fire truck would be able To make the turn without hitting the building. Additional discussion took place regarding the closest fire hydrant from the front of the property and from [he rear of the property. There was discussion that it is common to have water lines within right-of-way. Main Motion: Motion made by Council Member Rowe, seconded by Council Member Kurtz, to approve the Site Plan with Exhibit F and Exhibit G, subject [o the contlitions approved by the P�Z Commission with the exception of the Yree requirement: 1) Shaw the location of all existing fences on the entire lot including the fence around the Parks barn; and 2) Recommend approval of all waivers as requested including a full landscape waiver. Motion to Amend: Motion to Amend made by Council Member Shoffner, se onded by Mayor Pro Tem Lamont, to require the complete removal of the non -conforming large billboard sign on the northeast side of xhe property. Mayor Sanders asked If the applicant hatl any questions antl [hare was no one that wished Lo speak. The vote far the Motion to Amend w s taken, fa require the complete removal of the non -conforming large billboartl sign on the northeast side of the property. Motion passed unanimously. Mayor Sanders asked if there was anyone who wished to speak regarding [he Item antl there was no one that wished to speak. The vote for The Main Motion as Amended w s taken, to approve the Site Plan with Exhibit F and Exhibit G subject to the conditions approved by khe PFiZ Commission with the a ception of [he tree requirement: 1) Show the location of all a fisting fences on the entire lot including xhe fence around the Parks barn; and 2) Recommend approval of all w requested Including a full landscape waiver; and to require the complete removal of the non -conforming large billboard sign on the northeast side of the property. Motion passed unanimously. 16. Consider and take appropriate action regarding proposetl Town Council meeting dales for November and December 2036. Discussion took place [o cancel the regularly scheduled Council meetings on November 24, 2015 and Decem her 22, 2015, and to call a Special Council meeting on November 11, 2015, to canvass the election results. Additional discussion took place that there may be a eetl to call a Special Council meeting in November in order Yo take action on a bond refunding regarding the Public Improvement District (PID) No. 1. Tcwn Council Minutes October t 3. 20t 6 Pege 6 of 2t 3 1>. consider and Sake appropriate action ragartling an Ordinance of the Town repealing Article IV, "sign Regulations" of Chapter s. ^General Land Use" of the Cade Of Ordinances of the Town, and adopting a n Article IV, "sign Regulations" of Chapter s, "General Land Us¢^ in order fo regulate signag¢ within Sha Town providing for a ¢ntl ments; providing a penaty for violation not to ezceetl $500 per day, prpviding for publication; and providing an effective dais. A[[ochmeni K - Ordinonce No. 2035-23 Discussion took place that the requiremenS for written perm lssfon from a property owner, within the ordinance, ould include electronic p¢rmission. Atld(tional discussion took place Yhat the drought contingency signs a allowable as O method for the TCMUD No. 1 to provide public notification, but the signs would have to comply witM1 the ordinance provisions. Mayors Sanders commented Lhat M1e did not believe That citizens hatl adequate time to review the changes made to the sign ordinance. MotlOn: Motion mad¢ by Cpuncll Member Reed, s ended by Council Member Parrow, Yo approve Ordinance 2015-23, repealing Articl¢ IV, ^sign Regulations^ of Chapter s, "General Land Use" of She Code of Ortlinances of the Town, antl adopting a n w Article IV, ^Sign Regulations" of Chapter s, "General Land Use^ in order to regulate signage within the Town,eproviding for am entlments; providing a penalty for violation not to exceed $500 per day, as presented at She dais. Motion c tried 6-1-0 with Mayor Pro Tem Lamont antl Council Members Parrow, R¢ed, Rowe. Kurtr, and shoffn¢r voting fo r and Mayor sand¢rs voting against. 18. Town Councli Liaison Updafes; discussion of same: "`Economic Development Corporation aB, October s, 2015 Council Liaison - Gouncll Member Rhylan Row¢ Provided uptlate, no action taken, JusT tliscussion. 19. Town Manager s¢itlel's updaf¢ regarding the following; discussion and provid¢ input regarding same. "Early Voting Oafs "Fall F¢st �COmmuni[y Garag¢ Sale Assistant Town Manager/CFO Glickman updated the Council and addressed questions, no action taken, uptlat¢ only. ZO. items for Future Agentlas to Include discussion Of Agentla Items for consideration on tM1¢ upcoming Regular s¢ssion Council Agenda for October 2>, 2035 m¢Ming and discussion of Future Agenda Items, to includ¢ discussion of the blow i[¢m from the Future Agenda Llrt: This item o//o uvs Councl! fo request the p/pcemenx of items o upcoming Ogendqs when [he [opJc of discussion repulres re rch and review thot c of be o mp/shed in xh¢ time f ome between regu/pr CouncR meetings. Howev¢� O Council M¢mb¢r moy request that qn item 6e ploced on the next r¢gulor/y schedu/ed meeting without firs[ p/odng [hot it¢m on the Future Agendo /isms list. A// r¢quests for ogen do items must comp/y with Chorter r¢qu/rements. A) Receive an update only regarding the Holiday Inn and have th¢ owner and general conirecior present In oN¢r to inform the ci[iz¢ns of thetr status. (R¢¢d 4/28/15) (1-July 26) (2-Oc[ob¢r 33) Mayor Pro Tem Lamont inquired about revising the language of Item A, under the Future Agenda Items, tM1at was listed on the October 2>, 2015, Council agenda. Town Caunoll Minul¢s October t3, 2013 Paga 6 of 2t3 Council Member Farrow stated that he agreed to revise the language to state, "Discuss authorizing the Mayor to issue a proclamation to lower flags to half-s[aff at times of National tragedy when th¢re is a tlelay in doing so". Mayor Sanders requested to have Item No. J, Review of ordinance to allow golf carts but not including special vehicles, and Item No. 9, Review the o might parking permit and review allowing an ¢xt¢ntl¢d t¢mporary permit, from the Town CouncO Future Agenda L st to be presented in the near future. EXEGUTiVE SESSION 21. Pursuant to th¢ following d¢signated sections of the Texas Gov¢rnm¢n[ Code, Ann Ma[ed, Chapi¢r 551 (Texas Open Meetings Act), the Council will conv¢n¢ info closetl executive session to tliscux ih¢ following: Texas Governm¢nf Code Section SS1.OT1(2] Consultation with At[orn¢y, in order to consult with its a[torney matt¢r in which the duty of the attarn¢y to the Governm¢ntal Body under th¢ Disciplinary Rul¢s of Professional Conduct of the State bar of Texas cl¢arly conflict wl[h the Open Meetings Act: (A) L¢gal Advic¢ r¢ga rding wa[er rate revl¢w r¢quesy and Public Utility Commission of Texas appal process CONVENED /MO EXECUT/VE SESSION —START TIME— 8:27 P.M. RECONVENED /NTO REGULAR SESSION —START T/M£— 9:07 P.M. RECONVENED INTO REGULAR SESSION 22. Consider and take appropria[e a41on regarding the Ex¢cutive Session. Motion: Motion made by Mayor Pro Tem Lamont, s ond¢d bV Coun<il Member Farrow, to refer th¢ item to the Town Attorney and Town Manager to s¢ek furth¢r legal advice. Substitut¢ Motion: Substitute Motion matle by Council Member Shoffner, seconded by Council Member Rowe, to refer the it¢m [a the newly formetl Town Council Finance Subcommittee for further evaluation. Council Member Shoffner commented that It w warranted to have the Subcommittee evaluate the options and r¢vl¢w xhe item further before the Council made a tl¢cision. Council Member Reetl and Council Member Rowe spok¢ in favor of the Substitute Mo[lon The vote was [aken for the Substitut¢ Motion, io refer the Item fo the newly formed Town Council Finance Subcommittee for further evaluation. Motion passed unanimously. ADJOURN Motion matle by Council Member Farrow, —un�`ani`ym�o(u�sly. MUeefing adjourned a<9:20 p. m. `��M—F fLY1\Q$i �� Holly F(mbr s, own Secretary/RMO Town of Trophy C W b, Texas cond¢tl by Council Member Reed, to adjourn. Motion carried ��t�� C. Nick Sanders, Mayor Town of Trophy Club, Texas Town GoanGl Mlnutas Ocicbsr'13. 2015 Page ] of 2l3 ATTACHMENT A Inte Aocal Joint Election Agreement Tawn Coun41 Minutes OC[obet t3. 2015 pa8= a of 2l3 THE STATE OF TEXAS COUNTY OF TARRANT JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES THIS CONTRACT (or election services Is matle by antl between the Tarrant County Elections Atlminis[retor and the following polttibal subtllvisions locatatl entirely or partially Inaltla the boundaries of Tarrant County: City of Banbrook City of Richland Hllle Tawn of Flower Mound Town of Trophy Ciub City of Grapevine City of While Settlement City of Haitom City Godley Intl pendant School OisWct City of Kellar Mansgald Independent School Olatdct Cky of Laka Worth This contreoiis made pursuant tb Texas Election Cod¢ SacNons 3t.092 antl 2J1.002 and Texas Education Cada 9adlon 11.0581 for a joint November 3, 20t5 election to be etlminiateretl by Frank PM1illipa, Tarrant County Elections Atlminfstretor. hareinatter referred to as'Elactions Adminlstrefoc" REC/TALS Each participating authority listed shave plans to Hold a general and/or special election on November a, 2016 Tarrant County plans to hold a special elatlion county -wide for the purpose of voting on propasad constitutional amendments do November 3. 2015. The County owns an electronic voting system, the Hart lnterGivi<eSlata/eSwn Vo[Ing System (Version 62.1 ), which has been duly approved by the Secretary of State pursuant lc Texas Election Coda Chapter 122 as amentletl, and is wmpliant with the awessibility requirements for persons with tlisabIDtles ae[ Torth by Texas Elactipn Code 3ec[ion 61.012. Tha contrac[Ing political subdivisions desire to use the County's electronic Ming system antl to wmpansa[e the County for such use antl to share in certain other expenses connected with joint elections in accordance with the applicable provisions of Chapters 31 and 2J1 of the Texas Electipn Cotla. as amantlad. NOW THEREFORE, in consitleregon of the mutual covenants, agreements, end benefits to the parties, IT 13 AGREED as follows: 1. ADMINISTRATION The parties agree to holtl a'Joinl Election' with Tarrant County antl each ocher in accordance with Chapter 2J1 of [ha Texas Election Coda antl this agreement. The Tarrant Ccunty Elections Administrator shall cobrdinata, supervise, and handle all aspects of administering the Joint Election as providetl In this agreement Each participatng authority agrees to pay the Tarrant County Elections Administrator fof equipment, supplies. services, antl administrative coats as provitlad in this agreement Tha Tarrant County Elections Atlministra[or shall serve as the administrator for the Joint Election: howeveq each participating authority shall remain responsible for the decisions antlactions of its officers necessary for the lawful contluc[ of Its election. Tha Eladions Administrator shall provide advisory services in connectiop with decisions to ba made and actions [o be taken by Me oMcers of each participating authority as necessary. It is untlerstood that other poNHcal sutitlivisions may wish to participate in the use of M¢ Countys electronic voting system and polling places, and it is agreed that [he Electlons Administratar may enter into other contracts Por elections rvicas for those purposes on terms antl wndltions generally similar to those se[ forth In this contract. In sack cases, casts shall be pre -rated among 1ha participants awortling to Section XI of this wnlract. Page 1 or9 Town Council Minutes Odob¢r 13, 2ets Paga 9 or 213 At each polling location, joint participants shall share voting equipment antl supplies to the a#ant possible. The participating parties shall share a mutual ballot in those polling places where jurisdictions overlap. However, in no ins[ancashall a voter be pennittetl to rersiv¢ a ballot containng an oMce or propbsitlon stating a measure on which the voter is inaligibie to vote. Multiple ballot styles shall be available in those shared pollln9 please Where jurisdlWbns do not overlap. 11. LEGAL DOCUMENTS Each participating authority shall ba responsible far the praparedan, adoptlon, end publicagon oLall required election ortlere, resbluttons, notices, and any other pertinent tlocuments requiretl by the Texas Election Cotle antl/or the participating authority's governing body, charter, or ordinances, except That the Elections Administrator shell be responsible for [he preparation and publlcaticn of all voting system testtng notices that are required by the Texas Election Code. Preparation of the necessary materials for notces antl the official ballet shall be [he rasponsibllity of each participating authority, including hanalatlon to languages other then English. Each participating authority shelf pfavide a copy of their respective elecgon ortlers end helices to the Tenant County Elections Administrator. It Is understood by all parties that there will be no predearanca submission fo the United S[atas Uapartmanl of Jusgce matle by the Eleegobs Adminratratar related to [he joint election. III. VOTING LOCATIONS Tha Elections Administrator shall select and arrange for the use of and payment for all election tlay voting loce4ons. Voting loragons will be, whenever possible, the usual voting location for each election precinct (n elections cbnducted by the county, and shall be compgan[ wi[fi the accessibility requirements established by Election bade Section 43.034 antl the Americans wIIh �isabilitles Act (AUA). The pmposetl voting localicns are listed in Attachment A of this agreement In the event that a voting location Is not available or appropriate, the Elections Administrator will arrange for use of an alternate location with the approval of the affected participating authorities- The Elections Administrator snail notify the participating authorlies of any changes from the locations Ilstetlin Attachment A. If polling pietas far th¢ November 3, 20'15 joint elecbon ar¢ tllHerent from the pollln9 places) used by a particpatng authority In its most recent electron, [he authority agrees to post a notice no later than November 2, 2bf 5 at the ephanca to any previous polling Places in the juriatlidion stating fhaf the polling location has changed antl staring the political subtlivlsion's pollln9 place names and atldrasaes in affect for the November 3, 20'15 election. This notice shall ba written (n both [ha English and Spanish languages. IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL Tenant County shall ba reaponsibla for the appolntmant of the. presiding judge and alternate jutlge Tar each polling location. Tha Electrons Administrator shall make emergency appcin[mants of election officials if necessary. Upon request by the Elections Administrelar, each participating authority agrees to assist in recruiting polling place officials who are bilingual (fluent in both Enggsh and Spanish). In compliance with the Federal Voting Righ<s Act of 1965, as amended, each pollln9 Places containing more than 5% Hispanic population as determined by the 20tg Census shall have ana or more election official who is flush[ in bath lha English and Spanish languages. If a presitling judge is not bilingual, and is unable to appoint a bilingual clerk, [ha Elections Administrator may recemmentl a bilingual worker for [he palling place. 1£ m¢ Elections Atlminlslrator is unable to recgmmand or raoua a bilingual workap Ih¢ participating authority or authorities served by that pollln9 place shall be responsible Tor recruiting a bilingual worker for translation services at that palling place. Page 2 or 9 Town Cwndl Minutes October t3. 20t5 Page to pr 213 The Elections Atlminlstrator shall notity all eledion lutlges of the eligibility requirements oT Subchapter C of Chapter 32 of the Texas Election Code, and will take the necessary steps to ensure that all elacllonjutlges appolntatl for the Joint Election are eligible to serve. The Elections Administrelor shall arrange for the training and compensation of all elecgon jutl9as and clerks. The Elections Atlministrator shall amanga for the data, time, and place for presiding election jutlges to. pick up [hair election supplies. Each presiding election judge will ba earl[ a letter Trom [he Elacgons Administrator notitying him oT his appoln[ment, the time antl location of training and distribution of election supplies, and the number of election clerks that the presitlin9 iud9a may appoint. Each election iutlge and clerk will reeeiva compensation at the hourly rate established by Taman[ County pursuant to Texas Eladipn Coda Saciton 32.091. The election jutlga will receive en adtlitlonal sum of 525.00 Tor picking up the election supplies prior to elaclion day and for returning the supplies and equipment to the central counting station after the polls close. Eladign jutlges antl darks who a¢antl voting equipment training and/or procedures Iralning shall be compensated at the same hourly rate that they ere to be paitl on elaclion day. Tha Elections Administrator may employ other personnel necessary far the proper administration o£ the election, including such part-time help as is necessary to prepare for We election, to ensure the timely delivery of supplies during early voting and on elecgon tlay, antl for the efficient labulatlon of bagots at the central counting station. PaR-time personnel working as members of the Early Voting Ballot Board and/or central counting elation on election night will ba compensated at the hourly fate sat by Tarrant County in accordance with Election Code Sections 5].005. 12].004, and 12].005. V. PREPARATION OF SUPPLIES ANO VOTING EOVIPMENT Tha Eledions Atlministrafor shall arrange far all electon supplies and voting equipment indutling, but not limitatl [c, official ballots. sample ballots, voter registration Gals, abtl ell forma, signs, maps and other materials usetl by the election judges at the votng lorations. The Eledions Administrator shall ensure availability of tables and rhaUs at each polling Place and shall procure rentetl [shies and chairs for those polling places that tlo not have tables antl/or chairs. At each polling location, join[ participants shall share voting equipment antl supplies to the extent possible. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. Hgwever, in nb instance shall a voter be permitted [o receive a ballot containing an pftice or proposition stating a measure on which the voter is inaltgible [o vote. Multiple ballot styles shall be available in those sharetl polling places where jurisdictions tlo not overlap. The Eledions AtlminisVatar shall provide the necessary voter registfatian infornalian, maps, instructions, and other information needed to enable the eledion jutl9es in the voting Ibcations that have more than one ballot style to wnducl a proper election. Each participating authority shall furnish the Elections Adminlstre[or a list of candidates and/or proposittons showing the orper antl the exact manner in which the candidate names antl/or proposidon(s) are to appear on the otfldal balld (mcWdng titles and faM in each lan9ua9e in which the authority's ballot is tp be prin[etl). Each participating authority shall be responsible for proofreading and approving the hallo[ insofar as it pertains to that authority's cantlitlalea antl/or propositions_ Early Vogng by Personal Appearence shall ba conducted exclusively an Tarant Coun[y's estate electronic voting system. On eledion day, voters shall rave a choice between voting on the estate electronic voting system ar by a paper ballot that is scanned at the polling place using Tarant County's e5can voting system. Provisional ballots cast on election day will be cast only on the estate electronic voting system to prevent the possibility of paper provisional ballots from being immetliafaly counted via the aScan ballot scanner. The number of paper ballots pdn[etl for election day vatmg shall be, at a minimum, equal to me same eledion day tumou[ as in the last comparable election pWs 25 paroent of that number, with the final number of ballots ortleratl par polling place or prec(nd atljuatad upwartl to antl in a number tlivisibla by 50. Page 3 of 9 Town Gountil Minutes Octobcr l3, 2n16 page 1 t of 2'I3 Tha Elections AdmtNsvator shall ba responsible far th¢ preparation, testing, antl tlellvery of the voting equipment far the election as raquireri by [ha Election Code. The Elections Administrator shall conduct criminal backgrountl checks on relevant employees upon hiring as requifad by Election Code Section 129.051(g). VI. EARLY VOTING The participating aulhoritt¢s agree to conduct 7olnt early voting antl to appoint [he Eladlon Administrator as the Early Voting Clerk In eccortlance with Sections 31.08y and 2T1.006 of the Texas Election Code. Each participating authodly agrees to appoint Iha Elections Administrator's permanent county empbyaes as deputy early voting clerks. The participating authorities further agree [hat the Elections Administrator may appoint other deputy early voting clerks to assist in the conduct of early voting as necessary, and that these additional deputy early voting clerks shall ba compensatetl et an hourly rate sat by Tartant County pursuant to Section 63.062 of the Texas Election Code. O¢puty early voting clerks who are permanent employees of the Tarrant County ElacUons Administrator or any participating authority shall serve in that capacity without additional compensatlon. Early Voting by personal appearance will ba held a[ the Iceetions, dates, and times listed in Attachmen['B" of [his document. Any quelifietl voter of the Joint ElecBon may vote early by personal appearenca at any of the joint early voting locations. As Early Voting Clerk. the Elections Administrator shall receive applications Tor early voting ballots la be voted by mall in accordance With Chapters 31 antl 66 of the Texas Election Coda. Any requeafs for early votng ballots tc be voted by mail received by [ha participating authondes shall be forwarded immatliatety by fax or courier <o the Elections Administrator for processing. Tha Elections Administrator shall post on the county wabsile each participating authorky's early voting repoR on a daily basis and a cumulative final ¢arty voting report following the close of early voting, In accordance with BeMicn B7_'12'1(g) of the Election Code, the tlaily reports shawin9 the previous days eery voting aMiviry will be posted to the county wabsile no later than 8:00 AM each business day. �III!•��I�LSITlTiI.C�R Si=Is7\_li•' Tarrant County shall appoint an Early Voting Ballot Board (EVBB) to process early voting results from the Joint Election. The Presiding Judge, with the assistance or the Elections Adminiatra[oq shall appoint two or more adpiUonal members to constitute [he EVBB. The Electons Administrator shall determine Ne number of EVBB members regWred tc efflclenlly process [h¢ early vatin9 ballots. VIII. CENTRAL COUNTING STATION ANO ELECTION RETURNS Tha Elections Administrator shall ba responsible for establishing and operating the central and remote counting stations to receive and tabulate the voted ballots in accordance with the provisions of the Texas Elacllan Coda and of this agreement. Tha partrcipaling aumafities hereby, in accordance with Section 12T.002, 12T.0p3, and 127.005 of the Texas Election Coda, apppin[ the t Ilowing cenkal counting station ofhcials: Pegs n of 9 Town COuncll Mlnutaa October 13. 2015 Peg¢ l2 of 2l3 Counting Station Manager: Frank Phillips, Tarrant County Eladions Atlministretor Tabulation Supervisor Stephan Vickers. Assistant Elections Atlministretor Presiding Judges: David Remington Alternate Judge: Emma Alien Tha taunting ataaon manager or hIs representative shall deliver timely cumulagve reports of the election results s precincts report to M¢ central and remora taunting stallons and are tabulated. Tha manager shale be responsible for releasing unofficial cumulative totals and precinct returns Trom the election to [he Joint participants, canditla[as, press, and general public by distrtbution of hard copies et the central taunting staticn antl by pos5ng td the Tarrant County web site. To ensure the accuracy of reported election returns, results printed on the tapes produced by Tarrant County's voting equipment will not be released [o the pert[ctpating authoritlas at the remote coll¢ctlon sites or by phone from Intlividual polling locations. Tha Elections Atlminlsdator will prepare the unofficial canvass raparts that are necessary Por compliance with Election Code Section Bp,Od4 altar all precincts have been counted, and will deliver a copy of these unofficial canvass reports to each participating authority as soon as possible agar all returns have bean tabulated. Each partiGpeting authority shell ba responsible Tor the official canvass of Its respective election(s). The Elections AtlmintaKator will prepare th¢ alactronlc precinct -by -precinct results reports for uploading to the Secretary of States as required by Section 6y.01 Y o1 the Election Coda. Tha Eladlons Adminstralor agrees to upload these reports for each pariicipagng authority unless requestetl otherwise. The Elections AdminisVator shall be responsible for conducting the posF¢teckon manual recount required by Section 127.201 of [ha Texas Election Cotle unless a waiver Is greeted by the Secretary of Slate. NotiFiwtfon antl copies of the recount. If waiver is denied, will ba pmvid¢d to ¢ach participating authority antl the Secretary of Slate's Office. IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE TARRANT COUNTY The Elections Administrator shall adminislar only [he Torrent Ccunly portion of the election haltl by the Ctty of Axle, City of Burleson, Clly of Crowley, Town of Flower Mound, City of FOR Worth, C(ty of Grentl PreWe, CI[y of Grapevine, City of Hasleq Cily of Mansfield. City of Newark, City of Reno, City or Roanaka, City of Scuthlake, Town of Trophy Club, Gity of Westlake, Aledo ISD, Ails ISD, Burleson ISD, Crawley ISD, Godley ISO, Grapevine-Colleyvilla ISO, Lewisville ISO Mansfield ISD. Northwest ISD and Trophy Club MUD #1 .. X. RUNOFF ELECTIONS Each participating authority shall have the option of extentling the terms of this agreement through its runoff election, k appileabla. In the avant of such runoff elecion, the lanes of this agreement shall automatically extend unless the partldpa[ing authority notifies the Euctlons Administrator in writing within 3 business days of the original election. Each participating authority shall reserve the right to reduce the number of early vatlng locations andlor election day voting locations in a runoff election. Each participating arrthorlty agrees to order any rvnaff el¢ction(s) at ks meeting for canvassing [ha votes from the November 3, 2tl15 election and to conduct its tlrawing Tor ballot positions at or Immediately following such meatfng to oMer to expedite preparations for its runoff auction. Each participating authority eligible [o hold runoff aladions agrees that the data of the runoff election, if necessary, shall be December 6, 2g15 witM1 early voting held November 23, 2b15 through December 4, 2015. XI. ELECTION EXPENSES AND ALLOCATION OF COSTS Pages 5 of 9 Town Gounail Miuur6a Ocbber 13, 20t5 P9ga 13 0£ 213 The partidpallog authorities agree tc share fha costs oT atlminfataring the JolnT Election. Allocation of coats, unless specifically statatl otherwise, is mutually agreetl to be shared acecrtling to a Icrtnula which Is basetl on the average cos[ per election day polling place (unit coat) as datanninatl by etltljng together the overall expenses antl tlivWing the expanses equally among the total number of polling places. Costs for polling places shared by more than one participating authority shall be pro -rated equally among th¢ participants utilizing that polling place. It is ¢greed that charges far election day judges antl clerks antl election day polling place rental fees shall be tlUedly chargetl to the eppropdata participating authority rather than averaging those costs among ell participants. If a partidpegng authority's election is conductetl at more than one ¢lection day polling place, there shall be no charges or fees allocated to the participating authority Tor the cost of election day polling places in which the authority has fewer than 50% of [he total registered votere served by that polling place, except that If the number of registered voters In all of the authority's polling places is lass than the 50% Ihresholtl, the participating authority shall pay apro-rate share of [he coals associaletl With the poling place where it has the greatest pumbar oT registered Voters. Costs for Early Voting by Personal Appearance shall ba alloca[etl based upon the actual costs assadatetl with each early voting site. Each participating authority shall ba responsible Tor a prq-rate portion oT the actual costs associated with the early voting sites Iccated within their juristlictioo. Participating authorities that tlo not have a regular (non -temporary) early voting site within theft juriatlictlon shall pay apro-rate portion of lha nearest regular early voting site. Costs for Early Voting by Mail shall be allocatatl aCdoftling to [he actual number o1 ballots mailetl to each participating authority's voters. Participating authorities having the ma]ority of their voters in anoMar county, antl fewer [Fran 500 registered voters in Tarrant County, and that da no[ have an election day polling place or early voting site within their jurisdiction shall pay a net fee of 5400 for election expanses. Each participating authority agrees to pay [he Tarrant County Elections AtlmiMSVator an administrative fee equal to tan percent (1 O%) of Its total billable casts in accoMance with Section 31.10D(tl) of the Texas Election Cotle. The Tarrant County Elections Administrator shall deposit all funds payable under tMs conlred into Iha appropriate fUntl(s) within the county treasury in accordance with Electicn Cotla Saclion 31.100. XII. WfTHORAWAL FROM CONTRACT OUE TO CANCELLATION OF ELECTION Any participating authority may withdfaW Rom this agreement antl the Joint Election should it cancel its election in accordance with Sections 2.05t - 2.053 of the Texas Etaction Code. The withtlrawing authority Is fully liable far any expenses Incurratl by the Tarrant County Elections Administrator on bahett of the authority plus an adminlatretive fee of [en percent (1 O%) of such expenses. Any monies tl¢posiletl with the Elections Administrator by the wilhtlrawing authority shall be refunded. minus the aforementioned expenses antl atlminislrelive Tee -if applicable. It Is agreatl that any of me joint election early voting sites that era notw(thin the bountlarias of one or more of the remaining participating authortties, with the exception of the early voting site located at We Tarrant County Elections Center, may be tlroppetl from [ha join[ election unless on¢ or mare of the remaining participating authorities agree to fully hrnd such sil¢(s). In the event that any aady voting site Is eliminatetl under this sacfon, an atldandum [o the contract shall be DrCvitled tc Lh¢ remaining participants within Tive days attar notificefion of ail intents to withtlrew hav¢ been received by the Elections Administrator. XIII. RECORDS OF THE ELECTION The Elections Atlmimslretor is hereby appointed general custotlian of the voted ballots and all records Cf the Joint Eladion as authorized by Section 291 .01 O of the Texas Election Coda. Page 6 of 9 Town Council Minutes Oc[obar 13. 2015 Page 14 Of 213 Access to iha election records shall be available ie each participating authority as wall as to the public in aceortlanca with applicable provisions of the Texas Election Cotle antl the Taxae Public Infarmetien Act. The election records shall be storetl at the offices of the Etactiona Administrator or at an altemete facility usatl far storage of county cortls. Tha Elections Atlminiatremr shall ensure [ha[ the recortls era maintained to an ortlarty manner so that the records are clearly itlenHBabla and reM¢vable. Recortls of the election shall ba retained antl tlisposatl of in accortlanca with the provisions of Section BBA56 of the Taxes Election Coda. I/ retards of the election ar¢ Involvetl in any pending alactlpn contest, invas[igatlon, Iltigation, or open records requasQ the Elections Atlministretor shell maintain the records until final reaoluhon or until final jutlgman0. which¢ver Is applicable. It is the responsibflily of each participating authority to bring to the attention of the Elections Administrator any notice of pending election contas0. investigation, litigetton or open recortls request which may ba filed with iha participatng euthoFlty. XIV. RECOUNTS A recount may be obtained as provided by Title t3 of the Texas Elec[bn Code. ey signing this document, the presiding officer of the contracting participating authority agrees that any recount shall take place at the offices of [he Elections Administrator, and [hat the Elettions Administrator shall serve as Recount Supervisor and the participating authority's official or employee who partorms the duties of a secretary untler the Taxes Election Coda shall serve as Recount Ccortlinator. The Elections Atlmin(strator agrees to provide etivisory services to each participating authority as necessary to conduct a proper recount. XV. MISCELLANEOUS PROVISIONS �. It is untlerstootl that to the extant space is available, other districts and political subdivisions may wish to participate in the use of the County's election equipment antl voting places, and kis agreed that the Elections Administrator may eontreet with such other districts ar poltical subtllvisfons for such purposes and that in such even[ there may be an adjustment of the pro -rate share to be paid to the County by the participating autM1oritias. 2. The Elections Administrator shall file copies of this document with the Tarrant County Judge and the Tarrant County Auditor In accordance with Section 3L099 of the Taxes Election Cotle. 3. Nothing in this contract prevents any party from taking appropriate legal action against any other party antl/or other election personnel for a breach of this contrect or a violation of the Texas Elachan Coda. 4. This agreement shall ba consvuad under and in accord with the laws of the State of Texas, and all obligations of Iha parties created hereunder arepertortnable in Torrent County, Texas. B. In iha event that one or more of [ha provisions containetl in this Agreement shall for any reason be held to be invalitl, Illegal. or unenforceable in any respect, such invalidity. Illegailty; ar unenforceability shall not affect any other provision hereof and this agreement sM1all ba construetl as g such invalid. illegal, or unenforceable provision had never been contained herein. 6. All parties sM1all c mply with all applicable laws, ordinances. antl codas of the State of Tetras, all local governments, and any oNar entities with local jurisdiction. T. Tha Waiver by any party of a breacM1 of any provision of this agreement shall not operate as or be conshued as a waiver of any subsequent breach. Page ] er 9 Town GOuncll MinU[e8 Oc[nhcr t 3, 2015 Pag@ t 5 Of 213 8. Any amentlments of th(s agreement shall be of no affect unless (n writing and signetl by all panics hereto XVI. COST ESTIMATES ANO DEPOSIT OF FUNDS The tc1al estimated obligation for each participating authority untlar the [enns of this agreement is Ils[etl below. Each participating authority agrees to pay the Tarrant County Elections Atlministrator a deposit oT approximately ]596 of this estimated obpgatlon no later than t 5 days oiler execution of this a9rsament The exact amount of each participating authorgy's obligation under the terms of this agreement shall be calculatetl altar the November 3, 2018 election (or runoff election, if applicable), antl if the amount oI an authority's total obligation exceeds the amours[ depoaitetl, the authority ahsll pay to the Elections Atlminisrator the balance tlue within 30 days after [ha receipt of the final Invoice from the Elections Atlministrator. Howaveq if the amount of the authority's total obligation is less than the amount deposited. the Elections Atlministrator shall refuntl to the authority [he excess amount paid within 30 days spar the ftnal costs ere calcula[ad, Tha total estimated obligation antl requiretl deposit for each participating authority untler the terms of this agreement shall be as follows: Actual # Billed # ESBmated De oast PolltfeaL3ubdivielon Polls Polls Coat Dua Cit of Sanbrook e 3 St2 B]2A0 S9 ]00.00 Town of Flower Mound 1 O $400.00 5400.00 C of Gra ulna 20 q $t5650.00 $t t.800.00 C o9 Haltom Ci 12 4 $t6623.00 $t t.800.00 Ctt of Keller 10 9.5 t4 ]B].00 $1 t 10D.00 Ctt of Lake Worth 4 O.5 $6.141.00 $4.]00.00 CI of Richland Hills 3 1.6 SB 82t.00 $B.]OO.Oo Cit of White Settlement 3 1.5 $t2,524.00 $9400.OD Town of Tro Club t O $400:00 $400.00 6otlle i3D 2 0.8 $5 ]23.00 $4300.00 Mansfield ISD 30 tt $4q.021.00 $33 t00.00 Tarrant Coun 358 328.8 t 240,]t8.00 N/A TOTALS 358 358 St 3]] 660.00 $t OS 400.00 THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 8 of 9 Town Counul Mlnulas October t 3. 2015 Page 1B oT 2t3 XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL IN TESTIMONY HEREOF, this agreement has been exacutetl on behalf of Me panl¢s hereto as follows, to -wit: ('I) It hea an the �Cl�tlay of l7ri-.-.b�- 2015 been executed by Iha Tartant County Elactlona Atlminlstrator p''u��..rsCCu��a��nt to the Texas Election Cotle so authorizing; (2) I[ has on the 1��day of C7['&rSVv�fr , 20t 5 been axecutetl on behalf of lha Town of Trophy Clab pursuant to en action oT the Town of Trophy Club Town Covndi sp authortzing; ACCEPTED.AND AOREEO TO BY THE TARRANT COV NTY ELECTIONS ADMINISTRATOR: APPROV�ED:� � � y (���\/����� TVi�a.�r.� r `„"'-.`�YA� FRANK PHILLIPS ACCEPTED AND AGREED TO BY THE TROPHY CLUB TOWN COUNCIL APPROVED'. ATTEST: C_NICK SANDERS, MAYOR HOLLY FIM ES, TOWN SECRETARY Pa9a 9 of 9 Town Ccuncll Minutae October l3. 20t5 Pag® 17 of 2'13 ATTACHMENT A -November 3, 2015 Elections — 366 sites total (as of 9/t 6/15) Precincts at Site Election Day Polling Location Entity tOOt, t376, 4458, 4494 Tarrant County Plaza Building 20t Burnett Street Fort Worth, Texas 76t02 t005, ta44, 1.BT7, 4006 Van Zandt-Guinn Elementary School 50t Missouri Avenue Fort Worth, Texas 76t 04 t008, 1544, 1550 Versla L. Williams Elementary School 90t Baurlline Street Fort Wbrth, TeXas 76t 1 t t009 Wastarn Hflls Hlgh School City of Benbrook 3600 Boston Avenue Benbrook, Texas 76116 1010 Community Christian Church Education Bulkting t T20 Vickery Boulevard East Fort Worth, Texas 76t 04 70t2 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth, Texas 76t t 2 1013 Harlean Beal Elementary School 5B15 Forest Hill Dnve Fort Worth, Texas T6t t 9 1014, t237, t594 Edge Park United Methodfst Church SBtB Crowley Road Fort Worth. Texas 76134 tOtS, t684 Texas Academy of Biomedical Sciences 36t3 Valentine Street Fort Worth, Texas 761 OT tOt9, 14T6 Antlraw "Doc" Session Community Center 20t South Sylvania Avenue Fort Worth, Texas 76t t t t02t City of Benbrook Municipal Complex City of Benbrook 9t t Winscott Road Benbrook, Texas 76t2B 1022 St. Matthew's Lutheran Churoh ST09 Wedgwood Drive Fort Worth, Texas 76133 t D23 First United Methodist Church 509 Peach Street Crowley, Texas 76036 t 024. 1394, t418, 143t Precinct One Garage BOO Eas[ Rendon Crowley Road Burleson, Texas 76026 1 Town Council Minutes Oc[obe� t3, 2015 Page 16 012'13 ATTACHMENT A -November 3, 20t 5 Elections — 358 sites total (as of 9/t 6/t 5) Precincts at Sile Election Uay Polling Location Entity t 025, t244, t439, t578 Jefferson Davis 9th Grade Center t62t Bt 5 Townley !]rive Everman, Tezas 7fit40 t 034 Retta Baptist Church Mansfield ISD t320t Rendon Road Burleson. Texas 76028 t 056 I. M. Terrell Elementary School tot t 1. M. Terrell Cirele Fort Worth, Taxers 76t02 t 059 Antioch Missionary Baptist Church t063 East Rosedale Street Fort Worth, Texas T6t04 106t Graenway Church t8t6 Dalga Street Fort Worth, Texas 76t 02 t062, t455, t457, t608 E. M. Daggett Elementary School t6tt, 407?, 4096 958 Page Avenue Fort Worth, Texas 76t 10 t066, t236, t479, t6t7 Christ Cathedral Church t672 3201 Purington Avenue Fort Worth, Texas 76t03 t074 D. McRae Elementary Schpol 33t6 Avenue N Fort Worth, Texas 76t05 t075, tOtt Sycamore Recreation Center 2525 East Rosedale Street FoR Worth, Texas 76t05 t O76 Lily B. Clayton Elementary School 2000 Pads Place Avenue Fora Werth, Texas 76t t O 1079, t090 Pilgrim Rest Missionary Baptist Church 960 East Baltimore Avenue Fort Worth. Texas 76t04 1080 Greater Harvest Church of God in Christ 2900 Mitchell Boulevard Fort Worth, Texas 76t05 t081, t095 5t_ Stephan Presbyterian Church 2700 McPherson Avenue Fort Worth, Texas 76t09 7082, t t98 Riverside Community Center 3700 East Belknap S[raet Fort Wortti, Texas 76ttt 2 Town GOuncil Minutes October t3, 2015 Page tg of 2t3 ATTACHMENT A -November 3, 2075 Etactiona — 358 sites total (as of 9/t6/t 5) P reeincts at Site EI¢ction Day Polling Location Entity t063 Beth Eden Missionary Baptist Church 3309 WObar9er Street Fort Worth, Texas 767 t 9 t 085 Rasamont Middle School 7 501 Wasi Seminary Drive Fort Worth. Texas 76 t t 5 1086, t415 Sagamore HIII Elementary School ]07 South Hughes Avenue Fort Worth, Texas ]6103 t089, t070, 1619 Momingside Elementary School 2607 Evans Avanua Fort Worth, Texas 76t04 t 094, t472, tff74 Lana Popa Home 3200 Sanguinet Street Fort Worth. Texas 76t07 1098 S. S. DIIIOW Elementary School 4000 Avenue N Fort Worth, Texas 7fft05 1 t 03, t 348 First Baptist Church of Crowley ' 400 Eagle Drive South Crowley, Texas 76036 7 t 04 Bradley Center 260t Timberline Drive Fort Worth, Texas ]6tt9 tt06 Grace Temple Seventh -day Adventist Church a200 East Barry Street Fort Worth, Texas ]6t05 t 108, 7298, t408, t434 R. L. Paschal High School t633 3001 Forest Palk Boulevard Fort Worth, Texas 76ttO 7t09, 14t6, t4]3 Fort Worth Harvest Baptist Ghurch 620 North Chandler Drive Fort Worth, Texas ]611 t t t 1 T McLean Bth Grade School 32Ut South Htlis Avenue FOR Worth, Texas ]6109 t t t 9 Westminster Presbyterian Church ]OOt Trail Lake Drive Fort Worth, Texas T6133 tt20, 16]6 ,IPS Health Center Viola M. Pit[s/Como 4TOt Bryant Irvin Road North Fort Worth. Texas ]6t07 3 Godley ISD - t 348 Town Cauncl Mlnu[®¢ October 13, 20t6 Page 2g of Zia ATTACHMENT A - Nov¢mb¢r 3, 201b Elections — 356 sites rotal (as of 9/16/15) Precincts at Si[e Election Day Polling Location Entity 1 t 26 First Jefferson Unitarian Universalist Church 7959 Santly Lane Fort Worth, Texas 76t12 7 t27 Martin Luther King Community Genter 6565 Truman Drive Fort Worth, Texas 767 t 2 1132 Griffin -Poly Sub -Courthouse 32t2 Millar Avenue Fort Worth, Texas 76t 79 t733, t445 SL Christopher's Episcopal Church Was Statlium Orive Baptist 3550 Southwest Loop H2O Church Fart Worth, Texas 76t33 1742 Bruce Shulkey Elementary School 5533 Whitman Avenue Fort Worth, Taxers 76133 2146, 1099, t407, 2474 Eastern. Hills High School 1491 570t Sheitan Street Fort Worth, Texas 76112 t 149, 7 784, 2600, 2601 W, M. Green Elementary School 46t2 David Stricklantl Roatl Fort Worth, Texas T6t 19 tt50, 7543, t549, t559 New Hope Fellowship 64t0 South Freeway Fort Worth, Texas 76t34 t t53, t301 Ciry of Forest Hill Civic and Convention Center s9ot Wichita Street Forest Hill, Texas T6140 2154, t555, 1576, t597 Carter Park Elementary School t652, 4495 7204 East Broadus Avenue Fort Worth. Texas 76t 75 1165 South Hills Elementary School 3009 Bilglatle Roatl Fart Worth, Texas 7s133 1170 Victory Temple Worship Center 2001 Oaklantl Boulevard Fort Worth, Texas T6103 1775, t547, t56b, t589 SL John Missionary Baptist Ghurch 3560, 3B53, 3654 3324 House Anderson Road Euless, Texas 76040 1 tS6 SC Francis Village 4t25 St. Francis Village Roatl St. Francis Village, Texas 76036 4 Town GOuntil MIOut08 OetabB, 13, 20t5 Peg¢ 2t o12t3 ATTACHMENT A -November 3, 2075 Elections — 358 sits total (as of 9/76/15) Precincts at Slta Election Day Polling Location Entity 7t8B Paul Laurence Dunbar High School 5700 Ramey Avenue Fort Worth, Texas 76t 72 7769 Edgecliff Village Community Center 7605 Edgecliff Road Edgecliff Village, Texas 76734 17 97, 1064 Rlver Trails Elementary School 8850 Elba Trail Fort Werth, Texas 76778 7206 Banbrook Fife Station City of Benbrook 528 Mercedes Street Benbrook, Texas 76726 t 207 Southwest Sub -Courthouse 6557. Cranbury Roatl Fart Worth, Texas 76133 7208. 7777. 4460 Restoration Family Church City of Benbrook 1020t Jerry Dunn Parkway Godley ISD - 77 t t Banbrook, Texas 76t26 l2t 7 Sunrise -McMillian Elementary School 3409 Stalcup Road Fart Worth, Texas 16t t 9 1227. 7437, t490 Pantego bible Church 8007 Anderson Boulevard Fort Worth, Texas 76t20 t 236 Trinity Cumberland Presbyterian Church 7720 West Cleburne Road Fort Worth, Texas 76t33 t 257 Maadowereek Elementary School 2801 Country Creek Lane Fort Worth. Texas T6t23 7255 Grace Lutheran Church 7900 MCCart Avenue Fort Worth, Texas 76723 125T, 7004, 7767 Fort Worth Education Association 6027 Westcreek Drives Fort Worth. Texas T6133 1264, t t05 Southwest Cpmmuniry Center 6300 Welch Avenue Fort Worth. Texas 76733 t 265 Genesis Vnited Methodist Church 7635 South Hulen Street Fort Worth. Texas 76733 5 Town Council Minute¢ OdoOe�'13. 2015 page 22 0( 213 ATTACHMENT A -November 3, 20t 6 Elections — 358 sites total (as of 9/76/15} Precincts at Site Election Day Polling Location EntiTy 1270, 24t9 Hentlley Vnited Methodist Church 2929 Forest Avenue Fort Worth, Texas 76t 72 t 277. 7345, 7627 St. Ann's Catholic Church 700 Southwest Alsbury Boulevard Burleson, Texas 76028 1273 EI Buen Pastor Baptist Church 4800 Merida Avenue Fort Worth, Texas 76t 75 7277, 115t, t t99, 7622 The Potter's House Youth Center City of Haltom Ctty - 1189 4632 t236 Wootlhavan BoulevaW 7622, 4632 Fort Worth, Texas 761 t 2 City of Richland Hills - 1 t 99 7278 New Lifer Baptist Deaf Fellowship 6917 Brentwootl Stair Roatl Fort Worth. Texas 767 12 7279 Alwootl McDonald Elementary School t 850 Barron Lana Fort Worth. Texas 76112 t297 Highlantl Hills Community Canter 7600 Glasgow Road Fort Worth, Texas 76134 t 293 Forest Hill Vnited Methodist Church 6401 Hartman Road Forest Hill, Texas 76119 1294, 7501 Crowley Community Center 900 East Glantlale Street Crowley, Texas 76036 t 295, 1064, 1577 Everman City Hall Annex 2t3 North Race Streel Evarman, Taxers 76140 1296. t423 SC Petel's An[iochian Orthotlox Church 760t Bellaire Drive South Fort Worth, Texas 76132 1297 A. M. Pate Elementary School ADA Issues 3800 Anglin Drive Fort Worth. Texas 76119 t 300 St. Luha Cumberlantl Presbyterian Church t 404 Sycamore School Roatl Fort Werth, Texas T6134 tat 7 St. Matthew Uniled Methodist Church 2414 Hitson Lana Fort WORK, Texas 76t t2 6 Town Ccundl Mlnul®a Odob®r 13. 20'IS Pager 23 of 2t3 ATTACHMENT A -November 3, 2916 EI¢ct[ons — 368 sites total (as of 9/16/15) Precincts at S([e Election Day Polling Location Entity t 339 Fort Worth Country Dey School City of Benbrook 4200 Country Day Lane Fort Worth, Texas 76109 1346 Brighter Outlook Center 491 O Dunbar Street Fort Worth, Texas 761 OS 7377, 1071 Fort Worth Presbyterian Church 6261 Oakmont Trail Fort Worth, Texas 76132 13]8 Hanmaum IntarnaUonal Baptist Church 1501 West Everman Parkway Fort Worth, Texas 76134 1440, 7292 Southwootl Baptist Church 2633 Altamasa Boulevartl Fort Worth, Texas ]6133 1459 Christ United Methodist Church 3301 Sycamore School Roatl Fort Worth, Texas ]6123 1460, t6]9 East Regional Library 6301 Britlge Street Fort Worth. Texas ]6112 1463, 2261, 2467 Shephertl of Life Lutheran Church Precinct 2281 was at ]15 East Lamar Boulavartl Roquemare Elementary. Arlington, Texas 76011 1477, 1482 Glen Park Elementary School 3601 Pecos SVae[ Fart Worth. Texas ]6119 14B9, 1518, 165t Bill J. Elliott Elementary School 2501 Cooks Lane. Fart Worth, Texas 76t 2U 1504, 1352 Hill Top Church Mansfieltl ISD (Precinct 1352 key) 4909 Rendon Road Was Ponder Elementary Fort Worth, Texas 76t40 1235D Rentlon Roatl 1603 Cantllewootl Suites Hotel 420D Reggis Court Fort Worth. Texas ]61.55 1639, 134] Hallmark Baptist Church 4201 Wes( Risingar Drives Fort Worth, Texas 76123 1641, 1424 North CFowley High School 9100 South Hulen Street Fort Worth, Texas ]6123 7 Town Cwn<il Minut¢a OctaOar 13. 2015 PBgB 24 Ot 2t 3 ATTACHMENT A -November 3, 2015 EI¢ctions — 356 sites Total (es of 9/16/15) Precincts at Site Election Day Polling Location Entity 1642, 1436 Sidney Poynter Elementary School 521 Ashdale Drive Fort Worth. Texas 76140 2003, t605, 2303, 2606 Berta May Pope Elementary School 901 Chestnut Drive Arlington, Texas 76012 2007, 2506 Southwest Branch Library Mansfield ISD - 2506 3311 Sou[liwast Green Oaks Boulevard Arlington, Texas 76017 2026, 2670 W. R. Wimbish Elementary School 1601 WrIgM Street Arlington. Taxes 76012 2027, 2002, 2461, 2675 AthertonElementary School 2101 Overbrook Drive Arlington, Texas 76014 2026. 2358, 2506 Truett Boles Junior High School 3900 Southwest Green Oeks Boulevard Arlington. Texas 76017 2031, 2453, 2613 Timberviaw High School Mansfield ISO 7700 South Watson Roa0 Arlington, Texas 76002 2033 MansTieltl Sub -Courthouse Mansfield ISD 1 t 00 East Broad Street Mansfield, Texas 76063 2052 Ruby Ray Swift Elementary School 11 Ot South Fielder Road Arlington, Texas 76013 2055, 1360. 1631 Sharrad Elementary Schcol 2626 Lincoln Drive Arlington, Texas 76006 2t00 Maadowbrook Recreation Cenier 1400 Dugan Street Arlington, Texas 76010 2112 Pantaga Town Hall Council Chambers 1614 South Bowen Roatl Pantegc, Texas 760t3 2143. 2403 Louise Blanton Elementary5chool 1900 South Collins Street Arlington, Texas 7601 O 2145, 2673 Veda Knox Elementary School 2315 Stonegate Street Arlington, Texas 76010 8 Town CaunGl Minutes October l3. 2016 Paga 25 of 2l3 ATTACHMENT A -November 3, 2015 Elections — 356 sites total (as of 9/l6/l5) Precincts at Site Election Day Polling Location Entity 2147. 240t, 245t Fieitlar Church Annex t 333 Wes[ Pioneer Parkway Arlington. Texas 760t 3 2t 58, t382, t404, 2274 Myrtica and Curtis Larson Elementary School 2546, 256t, 2616, 268t 2620 Avenue K Grand Prairie, Texas 75050 2t6t Tarrant County Sub -Courthouse in Arlington 700 East Abram Street Arlington, Texas 76010 2t88, 25t3 South Davis Elementary Sehool 2001 South Davis Drive Arlington, Taxers 760t3 2169, 2134, 2263, 2569 City of Arlington Senior Cantor PrecinMs 2t 34, 2263, 25B9 20t5 Craig Honking Driv¢ were at Hutcheson Jr. High Arlington, Texas 7601 O 2t7t, 23t0 Wootlland Wast Church o1 Christ 3101 West Park Row Arington, Taxfls 760t3 2t74 Key Elementary School 362t Roosevelt Drives Arlington, Texas 760t6 2180, 2402. 24tt. 2680 UAW Local #276 2505 W.E. Roberts Street Grantl Prairie. Texas 7505t 2tBt Westminster Presbyterian Church t330 South Fielder Road Arlingtoh, Texas 76013 2190, 2148, 2655, 2656 John Webb Elementary School 2B57 t200 North Coop¢r Street Arlington, Texas 760t t 2205 Bailey Junior High School 24t t Winewood Lana Arlington, Texas 760t3 22t0 Myrtle Thornton Elementary Sehool 230t East Park Row Drive Arlington, Texas 760t0 2217, 2058 St. Stephen Vnitetl Methodist Church t 800 Wast Rantlol Mill Roatl Arlington, Texas 76012 2219 Miller Elementary School 640t West Pleasant Ridge Road Arlington, Texas 760t6 9 Town Council MlnUteB OCtnbBf 13� 20t5 Pager 28 err 2t3 ATTACHMENT A - Novam bar 3, 2015 Elections — 358 sites total (as of 9/16/15) Precincts at Site Election Day Polling Location Entity 2220, t514 Arlington First Church of the Naza ran¢ 1301 Wast Green Oaks Boulevard Arlington, Texas ]fi013 2221 Roberta Tipps Elementary School Mansfieltl ISO 300t North Walnut Creek Drives fNansSald. Texas 76063 2223 Dalworthington Gardens City Hail 2600 Roosevelt Drives Dalwarthing[on Gardens, Texas 760t6 2224, 1442 Elzie Odom Athletic Center 1601 Northeast Green OakaBoulavaro Arlington, Texas 7fi006 2225, 2a13, 2428 Beth Antlarson Elementary School 1101 Timberlake Drive Arlington. Texas ]6010 2226, 2268, 2269, 2656 Bob Duncan Center 2000 South Center Street Arlington, Texas ]6014 2228, 1420, 1607 Shackelford Junior High School 2000 North Fieltler Road Arlington, Tezas 76012 2229 Seatnce Short Elementary School 2000 California Lane Arlington, Texas 76015 2235. 2659 Ethel Goodman Elementary School 1400 R¢becca Lane Arlington. Texas ]6014 2246 Sutler Elementary School 2121 Margaret Drive Arlington, Texas 76012 2262. 2258 New Mope Baptist Church Mansfield lSD 6765 Dick Price Road Mansfieltl, Texas ]6063 2267 Foster Elementary School t 025 High Point Road Arlingtoq Texas 76015 2280 Interiochen Health and Rehabilitation Center Was Arlington Villa 2645 West Randol Mill Road Retirement Community Arlington. Texas ]B012 2305, 2425 Kennedale High School 901 Wilticat Way Kennetlale, Texas 76060 t0 Town CWnCiI Minutes Ocbbc� 13, 2015 p®ga 29 0(2t3 ATTACHMENT A -November 3, 2876 Elections —368 sites total (as of 9/t6/t 5) Precincts a[ Stto Election Day Polling Location Entity 2306, 2521 Cifff Nelson Recreation Cantor 4600 West Bardin Road Arlington, Texas 76077 2308 Living Word Outreach Mansfie ltl ISD 707 North First Avenue Mansfield, Taxes 76063 2309, 2660 Prince of Peace Church 7701 Martin Luther Drlva Arlington. Texas 76070 2373 Jason B. Little Elementary School 3727 Little Road Arlfngton, Texas 76076 2374, 2266, 2466 Charles W. Young Junior High School 3200 Woodside Drive Arlington, Texas 76076 2376, t44t, t564. 2375 Northeast Branch Library 7905 Brown Boulevard Arlington, Texas 76006 2377 Lamar High School t400 Lamar Boulevard West Arlington, Taxes 760t2 2378 Gunn Juntor High Sehaol 3000 South Fielder Road Arlington, Texas 76076 2379, 2464 Rulh Ditto Elementary School 3007 Quail Lane Arlington, Texas 76076 2320, 2302, 2393 Mayfield Road Baptist Ghurch 170t East Mayfield Roatl Arlington, Taxers 760t4 2355 Linda Jobe Mitldle School Mansfield ISD 249t Gartia Barrett Road Mansfield, Texas 76063 2356, 2304 The Churoh on Rush Creek Mansfield ISD 2350 Scuthwast Green OaKs boulevard Arlington, Texas 760t7 2357 Donna Shepard Inlertnetliate School Mansfield ISO 7280 FM Road t787 Mansfield, Texas 76063 2380 Walnut Ritlge Baptist Church Mansfleltl ISO t 20t North Stale Highway 360 Mansfeld, Texas 76063 77 Town Cwncil Minutes Oc[obe� t3, 20t5 Pega 2H of 2t3 ATTACHMENT A - Novemh¢r 3, 20t5 EI¢ctions — 358 sites total (as of 9/16/15) Preelncis at Site Election Day Polling Location Entity 2379 Louise Cabanlss Elamantary School Mepsfield ISD BD80 Mirabalia Boulevard Grantl Prairie, Texas 75052 2381, 2484 J, M. Farrell Elamantary School 34tOPaladium Drive Grand Prairie, Texas 75052 2383 NeW Life Fellowship Mans6eltl ISD 201 East Sublett Roed Arlington, Texas 760t8 2438, 2275, 2466 Cross Point Church of Christ 3020 Wast Bardin Raad Grand Prairie, Texas 75052 2448. 2353 Southeast Branch Library 9D0 Southeast Green Oaks Boulevard Arlington, Texas 76018 2449 St. Andrews Dnitetl Methotlist Church Mansfield ISD 2045 Southeast Green Oaks Boulevard Arlington, Texas 760t B 2450 Alpha In[ematianal Seventh -day Adventist Church 6000 Sou[h Collins Street Arlington, Texas 760t8 2462. 258t Kenneth Davis Elementary School Manstieltl ISD 900 Eden Road Arlington, Taxers 76001 2474, 1427, 1515, 2029 Kennetlala Community Center Mansfieltl ISD - 2D29 3t6 West 3rtl Street Kennetlale, Texas 76060 2486, 2299, 2349 West Elementary School Mansfieltl ISD - 2486 29tt Kingswootl Boulevard Grand Prairie, Texas 75052 25t9. 2030 City of Arlington South Service. Center Mansfield ISD t t 00 Southwest Green Oaks Boulevard Adln9ton. Texas 76017 2520 Pleasant Ridge Church of Christ BtD2 West Pleasant Ridge Road Arlington, Texas 760t6 2522 R. F_ Patterson Elementary School Mansfield ISO 6622 Kelly Elliott Raatl Arlington, Texas 7600t 2523, 2354 Naw York Avenue Church of Christ 537t Naw York Avenue Arlington, Texas 76028 12 Tnwn GOundl Minutes OdobBr l3, 20t5 Page 29 0(2t: ATTACHMENT A - Novem bar 3, 20t S EI¢ctlons — 3S8 sites total (as of 9/t 6/t 5) P reeineta at Sit¢ Election Day Polling Location Entity 2525 D. P. Morris Elementary School Mansfield ISD 7900 Tin Cup Dnve Arlington. Taxes 7600t 2535, 2307 T. A. Howard Middle School Mansfield ISD 750t Calendar Road Arlington, Texas 7600t 2536, 2537, 257t Dora E. Nichols Junior High School 220t Ascension Boulevard Arlington. Texas 76006 254t, 234t, 2405 Odeal Pearcy Elementary School Mansfield ISO —234t, 2405 BOt East Harris Road Arlington, Texas 76002 2548, 2426. 2524, 2636 Brooks Waster Middle Schaal Mansfield ISD t520 North Walnut Creek Mansfield, Texas 76063 2553 Grece Community Churoh Mansfield ISD 601 West Bardin Road Arlington. Texas 76017 2556, t6t O, 2t73, 2609 St. John Cumberland Presbyterian Church 6l)07 West Pleasant Ridge Road Arlington. Texas 76016- 2557, 2435 Janet Brockett Elementary School Mansfield ISO Bt0 Dove Meadows Drive Anington, Texas 76002 2635 Imogene Gideon Elementary School Mansfield ISO t 20t Mansfield Webb Road Was The Community at Anington. Texas 76002 Lake Ridge 2643, 26t 2, 26t4. 26t6 Mansfield LS.D_ Sports Complex Mansfield ISD 3700 East Broad Street Mansfield. Texas 76063 2644 Anna May Daulton Elementary School Mansfield ISD 2607 North Grand Peninsula Drive Grand Prairta, Texas 75054 2645 Martha Raid Elementary School Mansfield IS❑ 500 Country Club Onva Arlington, Texas 76002 3032, 3575, 366t Hurst Public Library 90t Precinct Line Road Hurst. Texas 76053 3036 Euless Public Library 20t North Ectcr Drive Eul¢ss, Texas 76039 t3 Town GOunell Minutae Oetabar t3, 20t5 page 30 0( 2t 3 ATTACHMENT A -November 3, 2016 Elections — 358 sites total (as of 9/t 6/15) Pr¢clncts at 31te Election Day Polling Location Entity 3037 Shady Brook Elementary School 260t Shady Brook Drive Bedford, Texas 7602t 3038 Timberline Elementary School City of Grapevine 3220 Timberline Drives Grapevine, Texas 76051 3039 Lonesome Dove Church City of Grapevine 2380. Lonesome Dave Road Southiake, Texas 76092 3040, 367t Keller Church of Christ city of Keller 205 South Elm Straei Keller. Texas 76248 304t Deals Memorial llnitad Methodist Church 5301 Davis Boulevard North Richland Hills, Texas 76t 80 3049, 3209. 3447 Green Valley Elementary School 7900 Smithfield Road North Richland Hills, Texas 76t 82 3054, 3072 New Hopes Lutheran Church City of Keller 2tO5 Willis Lane Keller, Texas 76248 3063. 3367, 3387 North Ridge Elementary School 7331 Hcliday lane North Richland HIIis, Texas 76t82 3t t 4 Tha REC of Grapavin¢ Cily of Grapevine 1175 Municipal Way Grapevine, Texas 76051 3t3t Richland Middle School City of Richland Hills 7400 Hovankamp Avenue Richland Hills, Texas 76118 3139 Hurst Christian Church 745 Brown Trail Hurst, Texas 76053 3t40 Dan Echols Senior Adult Center 680t GI¢nviaw Drive North Richland Hills. Texas 76t6O 3t 52, 3043, 3t 65 Haslet Community Center t05 Main Street Haslet, Texas 76052 3156 First Baptist Church of Hurst t801 Norwood Drve Hurst, Texas 76054 t4 Town Council Minutes October t3, 2015 Page 31 a1213 ATTACHMENT A -November 3, 2016 Elections — 368 sites Total (as of 9/t 6/t 5) Precincts at Sife Election Day Polling Location Entity 3257 Stonegate Elementary School 900 Bedford Road East Bad(ord, Texas 76022 3t 60, t388 South Euless Baptist Church t 000 Simmons Drives Euless, Texas 76040 3t 64, 3406, 4620 Richland Hills Community Cantor City of Haltom City -4620 3204 Diana Orive City of Richland Hills Richland Hills, Texas 762'I B 3t66, 3409, 3590 North Pointy Baptist Church of Hurst- l47 East Hurst Boulevard Hurst, Texas 76053 3272, 3262, 3664, 3665 St. Andrew Lutheran Church 504 Wast Bedford Euless Road Hurst, Texas 76053 3t76 Hurst Hills Elementary School 625 Billie Ruth lane Hurst, Texas 76053 3277, 3584 Fine Arts Athletic Complex 9200 Mid Cities Boulevard North Richland Hills, Texas 76'180 3t 63 Calvary Baptist Church 3O4 Calvary Drives Euless, Texas 76040 3287, 3398 Northside Church of the Nazarene 6750 Denton Highway Watauga, Tezas 76248 3t 94, 4292 First Baptist Church of Watauga City of Haltom City - 4291 Bt24 Plum Street Watauga, Texas 76t48 3296. 3585 Northeast Courthouse Newly conslructetl site. 645 Grepevine Highway 6o[h precincts voted with Hurst. Texas 76054 Precinct 3433 3200 Bedfortl Boys Ranch 280'1 Forest Ridges Drive Betlford, Texas 7602t 32'12 Central Baptist Chureh of Bedford t t 20 Central Drives Bedford. Texas 76022 32t3 Hurst Reer¢ation Center 700 Mary Drive Hursq Texas 76053 t5 Town Counol Minutae Oc[aba�'13. 20t5 Papa 32 of 213 ATTACHMENT A - Novemb¢r 3, 2015 Elections — 368 sites total (as of 9/16/t 5) P reelnets at Site Election Day Polling Location Entity 32t4. 3364 Immanuel Lutheran Chumh 732t Lola Ddve North Richland Hills, Texas 76180 3275. 4399 Si. Paul Presbyterian Church Ciry of Haltom Clry - 4399 4517 Rufa Snow Drive North Richland Hllis, Taxes 76t 80 3216 Bear Creek Elementary Sc11oe1 401 Bear Creak Drive Euless, Texas 76039 3247 Central Junior High School 3191 Weat Pipeline Road Euless, Texas 76040 3254, 3327, 35t7 Pet May Canter t849-B Central DrWe Bedford, Texas T6022 3283, 3260. 3516 Airport Area YMCA 3524 Central Drive BedfoM, Texas 76021 3287 Watauga Ctly Hall 7105 Whitley Road Watauga, Texas 76t48 3289 North Rlehland Hills Baptls[ Church 6955 Boulevard 26 North Richland Hills, Texas 76160 3323 Colleyville Municipal Court Building 52Ot Rivarvvelk Drive Colleyville, Texas 76034 3324 College Hiil Churoh of Christ 7447 North College Circl¢ North Richland Hills, Texas 76t 80 3325 Baker Boulevard Churoh of Christ City of Richland Hills 7139 Baker Boulevard Richland Hills, Texas 76118 3326 Ashwood Court 750t Glenview Drive North Richland Hills, Texas 76180 3329. 3446 South Euless Elementary School 605 South Main Sireel Euless, Texas 76040 3330, 351 O Colleyvilla Assembly of God CM1ureh 4309 Collayville Boulevard Colleyvilla. Texas 76034 t6 Town CaunCl Mlnub¢ Odoba� l3. 2g15 P9gB 33 O£ 2t3 ATTACHMENT A -November 3, 20�5 Elections — 358 sites total (as of 9/t6/t 5) Precincts at Site Election Day Polling Location Entity 333t The Church of Jesus Christ of Lather -Day Saints 500 West MCDonwell School Road Colleyvilia, Texas 76034 3332, 3667 Watauga Middle School 6300 Maurie Drives Watauga, Texas 76t48 3333 North Richland Hills Public Library 90t5 Grand Avenue North Richland Hills, Texas 76t80 333q First Baptist Church of Bedford 2045 Bedford Road Bedford, Texas 7602t 3335 Lakewood Elementary School t600 Donley Drive Euless, Texas 76039 3336 Metroplax Chapel BOt Easl Airport Freeway Euless, Texas 76039 3359, 3538 Carroll Senior High School t SOt Wesl Soulhlake Boulavarcl Southlake, Texas 76092 336t, 332t St. Francis Catholic Church Town of Flower Mound - 332t 66t Wildwood Lana City of Grapevine Grapevine. Texas 7605t 3363, 3t92, 356] Heritage Baptist Church 1200 FM t56 South Haslet, Texas 76052 3368, 3539, 3562, 3669 Bedford Junior High School 325 Carolyn Drives Bedford, Texas 7602t 3372, 34t7 The Villages of Woodland Springs Amenity Building t 2209 Timberland Boulevard Fort Worth, Texas 76244 3384 Oove Elementary School Cily of Grapevine t932 Dove Road Grapevine, Texas 7605t 3386 First Unilad Methodist Church of Kollar City OT Keller t025 Johnson Road Keller, Taxes 76248 3389 Life Connection Church 208 Nutmeg Lane Euless. Taxes 76039 t7 Town Council Minu[¢s OCWbar t3, 20t6 Page 39 of 2t 3 ATTACHMENT A -November 3, 29t5 Eleetlons — 356 slices total (as of 9/16/15) Precincts at Slte Election Day Polling Location Entity 3390, 3385, 3530, 3574 Covenant Church City of Grapevine — 3305, 3508 Glatla Roatl 3390, 3530 Colleyville, Texas 76034 339t, 351 t United Memorial Christian Church t4D1 North Main Street Euless, Texas 76039 3396, 3566 Grapevine Elementary School City of Grapevine - 3396 t 6O1 Hall -Johnson Roatl Grapevine, Texas 76051 3421, 3193, 3662 Firsl Baptist Church Colleyville 5300 Colleyville Boulevard Colleyville, Texas 76034 3422 Ridgaviaw Elementary School City of Keller 160t Marshall Ridges Parkway Keller. Texas J6248 3433. 3248, 3562, 3583 W. A. Porter Elementary School 3663 2750 Pras[ontlale Drive Hurst. Texas J6054 3443, 3249, 3322 Concordia Lutheran Church 3J05 Harwootl Roatl Bedford, Texas J6021 3465, 3647 The Mel Church Was Harila9e Church of 11301 Old Denton Road Cnrist Fort Worth, Texas J6244 3469 Dancing River Assisted Living Center City of Grapevine 3735 Ira E: Woods Avenue Grapevine, Texas 76051 347t, 3365, 3560 WestWind Church City of Kellar t 300 Sarah Brooks Drive Precincts 3365, 3560 were al Keller, Texas J6246 Hitltlen Lakes HOA Clubhouse 3486, 3240 Intlependence Elementary School City of Keller - 324O tt773 Brey Birch Lane Fort Worth, Texas 76244 350Z, 3286, 3500, 3579 Fellowship Church Kellar City of Keller- 3502 2525 Florence Road Town of Trophy Club - 3500 Keller, Texas J6262 Was River oT Grace Church 350T North Park Baptist Church J025 Mid Cities Boulevard North Richland Hills, Texas J61H2 3509 Watauga Community Canter 7901 Indian Springs Roatl Watauga, Texas 76t46 t8 Town Council Mlnulaa Octoba� 13. 2015 Pages 35 of 2'13 ATTACHMENT A - Novamb¢r 3, 20�5 Elections — 358 sites kotal (as of 9/t 6/15) Precincts at Site Election Oay Polling Location Entity 3526, 3470, 3558 Southlaka Town Hall City of Grapevine - 3470 1400 Main Streei Southlaka, Texaa 76092 3527 Wellspring Church 7300 Smithfi¢Id Road North Richlantl Hills, Texas 76182 3529, 3545 New Day Church 101 East Highland Street Southlaka, Texas 76092 35a2, 3036 FirsYPresbylarian Church Grapevine City of Grapevine 1002 Park Boulevard Was Grapevina Church of Grapevina, Texas 76051 Chriat 3552 Northpark YMCA 9100 North Beach Street Fort Worth, Texas 76244 ' 3554 Bear Creek Bible Church City of Kali¢r t 555 North Tarrant Parkway Keller, Texas 76248 3570 Lone Star Elementary School 4647 Shiver Roatl Fort Worth, Texas 76244 3626, 3392, 3624, 3668 St. Martln in -the -Fields Episcopal Church City of Kellar— 3392,3624,3666 223 South Pearson Lane Precincts 3666, 3624 ware at Keller, Texas 76248 Hitlden Lakes HOA Clubhouse 3637 Light of theWarltl Church 8750 Old Denton Roatl K¢Ilar, Texas 76248 3646 John M. Titlwall Midtlle School 3937 Haslet -Roanoke Roatl Fort Worth, Texas 76262 3648 Woodland Springs Elementary School Cily of Keller - 12t20 Woodland Springs Ortva Fort Worth, Texas 76244 4016, 4350 South Hi Mount Elementary School 4t01 Buchman Avenue Fort Worth, Texas 76t07 4018, 453t, 4666 Saginaw Senior Center Log Cabin - 4U5 South Belmont Streef Saginaw, Texas 76179 4020 West Freeway Church of Christ City of White Settlement B000 Western Fltlis Boulevard WhKe Settlement, Texas 761 OS 19 Town Coundl Mlnutas October t3, 20t 5 Page 36 of 213 ATTACHMENT A -November 3, 20�5 EI¢ctfona — 358 sites total (as of 9/t 6/'15) Precincts at Site Election Day Polling Location Entity 4042, 4239. 4362 Landmark Baptls[ Church City of Haltom City � 909 Thomas Road Haltom City, Texas 76tt] 4044, 437t Lakeview Fellowship Was Eagle Mountain Elem. 9940 Morris Dido Newark Road New site requested by Fort Worth. Texas 76t79 EMS ISD. 4046 B. J. Clark Annex 603 Southeast Parkway Azle, Texas 76020 4047. 4396 Azle ISD Instructional Support Can[ar 483 Sandy Beach Road, Suites C Azle, Texas 76020 4046, 4051 M. G. Ellis Early Childhood School 215 Northeast '14th Street Fort Worth, Texas 76'164 4050 Thompson Chapel United Methodist Church 2804 Prospect Avenue Fort Worth, Texas ]Bt06 405], 4492, 4493, 4634 Trinity Terrace '1600 Texas Street Fort Worth, Texas ]6t02 4060 De Zavala Elementary School t4t9 Coile9e Avenue Fort Werth. Texas ]BtO4 406] R4Tino E_ Mendoza, Sr. Elementary School t4t2 Denyer Avenue Fort Worth, Texas 76t64 4068, 4685 Rosen Heights Baptist Church Family Life Center 25t9 Proiri¢ Avenue Fort Worth, Texas ]6'164 4069 Lost Creek Golf Course 4t0'1 Losi Creek Boulevard Aledo, Texas 76608 40]O, t24'1 SouthwestYMCA 4]50 Barwick Oriva Fort WORK. Texas ]6t32 4086 Connell Baptist ClYurch 4]36 Bryce Avenue Fort Worth, Texas ]6'i07 408], 4092 Northside Family Resource Center 20t'1 Prospect Avenue Fort Worth, Texas ]6'164 20 Town Counul Minutes Oc[oba/ l3. 2Ot5 Pages 37 0! 213 ATTACHMENT A -November 3, 2015 Elections — 358 sites total (as of 9/16/t 5) Precincts at Site Election Day Polling Location Entity 4091 Sheriff's Office North Patrol Division City of Lake Worth 6651 Lake Worth Bouievartl Lake Worth, Texas ]6135 4093 Diamond Hill Community Center 1 ]01 Northeast 36[h Stree[ Fort Worth, Texas ]6106 409]. 4312. 44]5, 44]8 George C. Clarke Elementary School 3300 South Henderson Street Fort Worth, Texas ]61 t0 410t Knights of Columbus 3809 Yucca Avenue Fort Worth, Texas ]6111 4t02, 1430, t623, t625 Moose Lodge t809 Haltom Cily City of Haltom City-4t02, 4483, 4405 5001 Bamice Stree[ 4483, 4485 Haltom Cily, Texas ]6t 1 ] 41 O], 1412 Worth Heights Community Center 3551 New York Avenue Fort Worth, Texas ]61 t0 4110, 4563 Northsitle Community Center 1100 Northwest 18th Stree[ Fort Worth. Texas ]6t64 4l t 5 Westover Hills Town Hall 5624 Merrymou n[ Rcad Westover Hills, Texas ]610] 4t t6. 4496 North Hi Mount Elementary School 380t West ]th Street Fort Worth, Texas ]61 O] 4t t 8 Ridglea Thea[er Lounge 603t Camp Bowie Boulevard Fort Worth, Texas ]6tt6 4t21 River Oaks Vnitetl Methotlist Church 460O Ohio Garden Roatl River Oaks, Texas ]61 t4 4122, 401], 40]3, 439] Azle Avenue Baptis[ Church 4565. 4560, 4688. 4689 2901 Azle Avenue Fort Worth, Texas ]6106 4t23 Decatur Avenue Baptist Church 3]15 Decatur Avenue Fort Worth, Texas ]6106 4t24, 45]3 Ca Nary Cathetlral t]01 Oakhurst Scenic Drive Fort Worth. Texas ]61 t 1 21 Town Council Minut¢s October 13, 20'I S Page 38 of 2t 3 ATTACHMENT A - Nov¢mber 3, 2016 Elections — 368 sites tokal (as of 9/16/t 5) Precincts at Site Election Day Polling Location Entity 4125, 4512, 4592, 4667 Trinity Baptist Chumh 620 Churchill Roatl Fort Worth, Texas 76774 4t28 Hawaiian Falls —Aloha Evens Canter City of White Settlement 6905 Clifford Street Was Wesley Vnitetl Methotlist White Settlement, Texas 761 OS Church 4130 Congregation Ahavath Sholom 4050 South Hulan Street Fort Worth, Texas 76109 4t 35, 1337 Western Hllia Church of Christ City of Benbrook - 7 337 8800 Chapin Road Fort Worth, Tazas 767 76 4t 36, 4729, 4630 Agape Baptist Church Cily of Banbrook -4630 3900 SOuthwest Boulevard Fort Worth, Texas 76t 16 4137 Jo Kelly School 207 North Bailey Avenue Fort Worth, Texas 76707 4138, 4285, 4400, 4487 Sansom Park Clty Hall City of Lakes Worth - 4285 4593. 4595. 4686. 4690 5705 Azle Avenue 4697, 4692, 4693 Sansom Park, Texas 76174 4141 , 4629 Haltom City Public Library City of Haltom City - 4141 4809 Haltom Road Haltom City, Texas 767 t7 4744, 4252 Wentworth Village City Hall City of Whites Battlement - 37 t Burton Hill Road 4144 Wentworth Village, Texas 761 t4 4155 Graces Fellowship Baptist Church 3807 MCCart Avenue Fort Worth, Texas 76170 4t59. 42t6, 4602 Haltom City Northeast Center City of Haltom City-4t59, 3201 Frientlly Lane 4218 Hatom City, Texas 767 77 4162, 4245, 4596, 4662 Riverside Applied Learning Center 3600 Fossil Drives Fort Worth, Texas 76111 4t63 Soulhcliff Baptist Church 4t00 Southwest Loop 820 Fort Worth, Texas 76709 417E Brooktlale Ridgmer 2151 Green Oaks Road Fort Worth. Taxes 76116 22 Town CauncT Mlnub¢ Octaba/ 13. 2g16 Page 39 of 2� 3 ATTACHMENT A -November 3, 2075 EI¢ctions — 3S8 sttas total (as of 9/16/t 5) Precincts at Site Election Day Polling Location Entity 4t79 R. D. Evans Community Center 3242 Lackland Roatl Fort Worth, Texas 76t t 6 4t82 Tanglewood Elementary School 3060 Overton Park Drive West Fort Worth, Texas 76t09 4t96 Richard J. Wilson Elementary Schcol 900 West Fogg Street Fort Worth. Texas 76t 1 O 420t Worth Halghts Elementary School St9 East Butiar Street Fort Worth. Texas 7611 O 4202, 4598 River Oaks Library 4900 River Oaks Boulevard River Oaks. Texas 76t t4 4203 Holiday Inn Express 2730 Scuth Cherry Lana Fort Worth, Texas 761 t6 4204 Whites Settlement Public Library City of White Settlement 82t5 Whites Settlement Road White Settiamant. Texas 76t08 4222, 4452 L. A. Glliiland Elementary School 7Ol Waggoman Road Blue Mound, Texas 76t31 4230 Be[hei Unitetl Methodist Church City of Benbrock 5000 Southwest Bculevartl Fort Worth. Texas 76t t 6 423t Diamontl Hill -Jarvis Branch Library t 30O Northeast 35th Street Fort Worth. Texas 76t06 4232 Creekview Mltltlle School 67t6 Bob Hangar Street Fort Worth, Texas 76t79 4233, 4370, 4432 Southsida Church of Christ 210t Hemphill Street Fort Worth. Taxers 76t t O 4234 Park Glen. Elementary School 5100 Glen Canyon Road Fort Worth, Texas 76237 4242, 4373 Lak¢ Patrol Headquarters City of Lake Worth - 4242 750t Surtside Drive Fort Worth. Texas 76t 35 23 Town Council Minute¢ OdoOor'13. 20'IS Pages 40 o(2t3 ATTACHMENT A - Nov¢mb¢r 3, 2016 Elections —368 aitea to[al (as of 9/16/t 5) Precincts at Slte Eiectlon Day Polling Location Entity 4243, 4t 13 Westside�Victory Church CIty of While Settlement - 6t54 Meantlering Road 4113 Fort Worth, Texas 761 t4 4250, 4604 American Pain[ Horse Association Office 2800 Meaeham Boulevard Fort Worth, Texas 76t37 4253, t678, 4572, 46t5 Charles E. Nash EI¢menlary School 4640, 4683 40t Samuels Avenue Fart Worth, Texas 76t02 4256, t35t, t481, 1628 Hubbard Heights Elementary School t 333 West Spurgeon Street Fort Worth. Taxes 76115 4259, 4065 Lakeside TOWn Hall 9830 Confetlerate Park Road Lakeside, Texas 76t O8 4261, 4528 Bluebonnet Elementary School 7000 Teal Drive Fort Worth, Texas 76137 4272 Grace Baptist Church t50t Jim Wright Freeway Fart Worth. Texas 76108 4276 Retleem¢r Bibls Chuch 100 Verna Trail North Fort Worth, Texas 76t 08 4290 O. H.. Stowe Elementary School City of HaitomCity 420t RI[a Lane Haltom City, Texas ]6t 17 4328 W. G. Thomas Coliseum City of Haltom City Bt08 Broatlway Avenue Haltom City, Texas 76tt7 4338 Highland Mitltlle School t001 East Bailey Boswell Roatl Saginaw. Texas 76t3t 4340, 4284 Gootl Shepherd Lutheran Church t 3 t 3 Southeast Parkway Azle, Texas 76020 4342 Faith Lutheran Church 455t Southwest Baulevartl Fort Worth, Texas 76t 16 4343, t 366 Arborlawn Unitetl Mathotlis[ Church Annex Builtling 49t7 Briarttaven Road Fart Worth, Texas 76t09 24 Town Council Minule9 Oc[oba� l3, 2016 Pag¢ 41 a( 213 ATTACHMENT A - Nov¢mber 3, 20t6 Elections — 358 sites total (as of 9/t 6/t 5) Precincts at Site Election Day Polling Location Enti[y 4344 Arlington Heights Christian Church 4629 Bryce Avenue Fort Worth, Texas 76t07 4374 Summerglen Branch Library 4205 Basswood Boulevard Fart Worth, Texas 76t37 4375 Lighthouse Fellowship 7200 Robertson Road Fort Worth, Texas 76t35 44t0 Glenview Baptist Church City of Haltom City 4605 N.E.. Lcop H2O Fort Worth, Texas 76t 37 4454, a429, 4694 Waysltle Mitldla School 1300 North Old Decatur Road Saginaw. Texas 76t79 4456 Ritl9lea Vnited Methodist Church 6036 Locke Avenue Fort Worth. Texas 76t t6 4497 Buchman Baptist Church 2700 Dale Lane Fort Worth, Texas 76tt6 4498 Trini[y Episcopal Church 340t Bellaire Drives South Fort Worth. Texas 76t09 4499 Northbrook Elementary School 25ao Cantrell 5ansom Roatl Fort Worth, Texas 76t 31 4503 Springdale Baptist Church 30t6 Selma Street Fort Worth, Texas 76t t 1 4508 Parkview Elementary School 6900 Bayberry Drive Fart Worth, Texas 76t37 4532, 4045 Eagle Mountain Fire Hall t 9500 Live Oak Lane Saginaw, Texas 76t79 4533 First Baptist Church of Fort Worth Ciry of Hal[om Ciry SOOt NOrthsasl Loop 820 Haltom City, Texas ]6t 37 4534, 4369 Chapel Creek Fellowship Was Normandale Baptist 501 Academy Boulevard Church Fort Worth. Texas 76t08 25 Town Council Mlnula¢ October 13, 20t5 Pages 42 of 213 ATTACHMENT A -November 3, 20t6 EI¢ctions — 358 sites total (as of 9/t6/'I5) Precincts at Site Elec[ion Day Polling Location Entity 4540 Remarkable Health Care 6649 Narth Riversitle Drive Fort Worth, Texas 76t37 455'I, 4053 Northwest Baptis[ Church City of Lake Worth -4053 5500 Boat Club Road Fort Worth. Texas 76'135 4587, 4288 Macedonia Missionary Baptist Church Ministry Cen[er 2740 South Freeway Fort Worth, Texas 76'I 04 4588 Hillwootl Mitldle School 8250 Parkwood Hill Boutavartl Fort Worth. Texas 76137 459'1 Chisholm Ritlga Elementary School 830'I Running River Lane Fort Worth, Texas 76131 4599. 4638 Destiny Center '10200 FM t56 Fort Worth, Texas 76t31 4649 Saginaw Church of Christ 20t Wes[ern Avenue Saginaw, Texas 76f 79 4650 Northwest Branch Library 6228 Crys[al LaKe Drive Fort Worth, Texas 76t79 Town Council Minutes October 13. 2015 Paga 93 0( 213 A'fTACIIM F.NI' Y - TARRHNT COYNTY EARLY VOTING (VOTNCgN gpE[gNTADq DELCONDA00 DE GIRRANT) NOVEMEER 3. 2015 (3 pE NOVIEMeaE DEi035J CONSTITYTIONHL gMENOMENTS ANO 10[NT ELECTIONS (ELELLIONES 50BREENMJENOAS CO NSrpVLIDNaL YCON/VNTAE) arlV still¢ u rss aeel¢nrsep s.shen ee+pel tnnsue �rl br ab�N 4 seunle a er, aNvs wunh Nealane euh. t.¢pny b.WMte semement Gu¢lur izo. laanrOem nc.@anGrnek Vnrvry ou[�paaann[nnF waalel o6 [Iea�s EARLY VOTING BY PERSONAL APPEARANCE DAYS q (OIAS Y jJORg6 OE V01AClON TEMPRANO POR APARICI(iN Oc[gber(OLtdbfa)24 Sawrday (Sbb00oJ ]:pp a.m.—]:OO p.m. October (Oc[ubre)25 Suntlay (Oom/nIIol 11:OO e.m.-4:OO p.m. Ottober (Ocfubre)26-28 ManGay—Wetlnaztlay (LVneE—M/Nca/ea) B:OO a.m.—S:OO p.m. OctobeUOclubrN 29-30 Thursday—F[Idav (Ivevez—Vlernezl T:OO a.m.—]Ap p.m. Lse¢n¢n Chy rvnkaN6nJ r41 ...!3nJ raYP.aJ icalw eoe bantin elnw. 2gbbs<eneer street Arungwn TfiDla 2 Eltle Otlam 4thl¢[IC Clnw1 1601 NE Grven Oakz OoulMi/tl gNing[bn T6OOG 3 Centar for Community 5eryfro Junior L@a u ¢f grlln [ gp02 yy ponee[Pa[Rway ANIngtOn M033 SouN Sefvk'l Center i3p03W Grcen Oaka Beulevartl gtllrywn M01] 5 Tarran[Counry $ub-CPURhau6e In A[Iingwn TOO EgbwmSlreet Adingwn >6p10 6 Tafran[County Cgllage3W[hUs[CHmpus EMB-LPme¢gM Bullyln 21 OO Sou[Ireast Pafkway q[Iington >6018 Bl Clark gnn¢i 6035wehre arkway gxlo T602O 0@dfu[d Public Ubrary iA 24 ForeR Ridge Odv¢ B!tl(o(tl T6Mi @nbrnnk Community Cener 22B sari Angelo guano@ @nbteok T6126 30 Coll@VHII6 CI[y MHll lOO Ma1D 8[ree[ ColleyvllR >6D34 Cowley COTmunlp C@ntaf 9DO EGIentlale Eueet Cmwlvy TGD% 12 Eul@is Publle Yprpry 201NEttar DRve Euless T6039 m5[NIII Civb a.W Comentlon Qowr 6901 WIekha SVaa[ Rres[MII >6140 g119a1pss La[h¢IicGwch Panah Nall 20D NW 20a Street FaR WaRh T6164 1R ORmond Nlll/Iarvls Ubtafy 13pO NE 35w 5Rret Fart WOM T6106 i6 Gn(fln Sub�CauRMuse 3212 M111lc grinue FaR WORE T6119 NendleY-Maltlawbrvok Community Camar fi2O2 Beery Street FOR WORK T6112 18 J@meigVenYe SlNlce Center SO011amez gvenue' FaR Worth T6115 � JP9 HMhbCl ntlf W610 M. Pitts/CbmO va/-1u1N 300 4Pp10ryan[ IMn goatl N FOR WOM >6102 Sa u[M1SItla CammuNW C¢ntcz 939 Egoutlale s[re@[ FOR Worth T6304 3nuthwmt5ub-CovRhouse 6551 Cranbury gaatl FOR Werth T6133 Summerglen BranN pb[ary 4203 Bavwo T613> Tarrant Lounry ElecdanGln[er MOin Eorly YOOn95i[a Pr(ncl I sNio Oe wlOden otlNwroCO 2>OO Premier 3treep Fw[WOM 111 n[CounN Plaxa Bulldln8 SOI BumeR Stzeet FOR WaM T6102 S VIIbBas of Woatlland 9Pringz AmanJ C6nrar 12209TImbedand Beulawr4 FOR WaRn T6244 WOM Ne1gMS CommunlN O¢ntar 3551 New Vn FOR W¢Rh T61111 G¢tllly 19D gtlmh[hnitlOn Bulld¢.g 313 N Pearw Godlry T6009 28 gsla Tmas Square arkw@Y IComer Pqn er Pkwy and Great soatnwaR ekr Grand PralNa SO31 Town CauncYl Minutes Oc[obar t3. 20t5 Page 44 Of 2t3 TARRANT COUNTY EARLY VOTING (VOT<CrdN AOEUINTA OA OE[ CONOT OO OE iAppANi/ NOVEMBEq 3. 2033 (3 OE NOYIEMepE DE 30t5/ CONfiTITUTONAI gMENOMENT$ AND JOINT ELECTIONS (ELECCIONES SOfiFE ENMIENONE EONEtIrUCIONAE YCON/UNTAS/ of Early v[Iq lvu nalnuetl (wm se sareras w wwrlen ae[Ivnmw mnxnua/ Las¢tmn Aamexs O.Y w9Fauen/ rpaemm/ rotate/ rKuw.e 39 bRl Park OperaJonz @nter SfilO lake RlGga pa rkway Gmntl Plairle T5052 30 TM1e RECci GNpevin! 11JS Munldpal Way Gtapewne ]6051 Xalspm CM Nprtbea%CMser 3201 Fr1endlV l¢pe Naltam Cl[y T61aJ 93 XurM fllcreltlpn Clntlr JOO Mary DrNe Nwst T6DE3 Nprtbeasl Courthouse Cemmun! gapm 695 Grapevinl XlRM1way Nur¢c >EA59 39 Keller Tpwn Xall viOp Bear 4eek PaskwaV Kegae T8198 3$ Kennetlal¢CommunitV Center 3l6 W 3rtl $Yee[ Kermetlele >6OGD )6 6herifYs Ofllce N9nh Patrol DlYlxl9n 6651 t¢ke Wonh Baulevar0 lake Wonh T613$ )J MBnsIhM $ub{ounhouse iIOD Egrpatl SKee2 MansR¢Irl J6W3 3g Dap Echols Cen{!r 6gOl Gle pv W OrMe N RlcNitM XIIN J618O 99 RI[Ipane N111s Community Canter 3209 DIana DNue Rlchlantl Xllh T6113 Eq�l MO6u:IPIKSaglnpeew lSO gtlminlatraGop —Tminl n 11OD OItl D9ratur goatl J61T9 9x Sauthk:ke Tawn Xall 19pO Maln $free[ uthlak! >6092 W hl[e 5ealemmtPuhllc library 8235 WM11[e 5e[[lam¢nr Roatl WM[e S¢Kiament T61DB gPPgcatlon for a Ballo[ by Mall may be tlownloae¢G Fom our websltc www.[avan[euuncy.com/llectlons (EOLcI[W pam Bo/empar'Correo se pueee eeamrgor eevuesva shlo web/: www.mrrpnemun ry.mm/e/Mbns Ipformatlon by phone: Tarrant County Elettlans gGministratlan. 81J-831-8683 (I lermxren Per rarf/Doti: IAemrminaeren ee Elerelenes eel Cantlodo tle Tonnnr Bs )-331 -H6831 Applications for a Ballot by Mail may be submittnA between $ep[@mbCr 1. 3D13 and October 23. 2019 by mall. foe or email [o: (SO XCYmJen pem unn Balam par Cwree pueem sar samerlees enoe el l ev SepnemWe ee SO]SY J3 tle Oceuare ee SOIE per mrrm. /acre small ol: Far1V VoflnB Clerk (SewemNa ce mwmw Aeeronroev) p0 Bax 961011 Fort Wanls T%>6)61�DDii Fax: 81]-831-6138 Email: va[ebyniall@tarrantmunty.mm Town Coundl Minutes October t3. 20t6 Page 93 of 2t3 ATTACHMENT B Partially Executetl—Tertnlnation of Service COnYr'aCY Town Council Mlnutc¢ 04oOaY 13. 20'I5 Paga 46 of 2t3 AGREED TERMINATION OF SERVICE CONTRACT THIS AGREED TERMINATION OF SERVICE CONTRACT is entered into by and between the Town of Trophy Club, Texas, a home rule municipality located within Denton and Tarrant Counties (hereinafter "Town") and Trophy CIu6 Economic Development Corporation 46, a corporation formed pursuant to the laws of the State of Texas (hereinafter "EDC4B") for the purpose of terminating all contractual obligations between the parties arising from and pursuant tc a "Service Contract" executed by the parties on or about January 7, 20'13 wherein EDC4B agreed to make debt service payments on a Town bond issue nca, as more fully described below (hereinafter "Contract"). AGREEMENT OF THE PARTIES Town and EDC4B entered into the Contract wherein EDC4B agreed to make debt service payments for the 2002 Bond Issuance of $1,400,OD0.00 (hereinafter "Bond Issuance") approved by the Town voters For the purpose of constructing and equipping a municipal park and swimming pool (hereinafter "Project"). Pursuant to Section II of the Contract, the cost participation of EDC4B was to be seventy-two percent (72%) of the principal and interest for the Bond Issuance paid in annual installments for a period of sixteen ('16) years, unless that period was extended as provided in the Contract_ Asa result of recent economic development activities within the Town, both the Town and EDC4B have agreed that it serves their mutual best interests for EDC4B to be released from Its obligations under the Contract and [o utilize its revenue on new projects to promote economic development within the Town and for Town to pay the costs of the Bond Issuance and Project from other municipal revenues legally available to the Town. Pege 1 Town Council Mlnulas OctoOat t3. 20t5 PaOe 49 or 213 IN WITNESS WHEREOF, the parties hereto agree that it serves their mutual best i nterasts to terminate the Contract and that the cross promises provided herein are valid consideration for the execution of this Agreed Termination. Therefore, EDC46 shall have no further obligations under the Service Contract, and the Contract shall be terminated upon the approval and execution of this Agreed Termination by both parties hereto. EDC46 and the Town, acting under authority of their respective governing bodies, have caused this Agreed Termination to be approved and duly executed by the respective parties identified below, and this Agreed Termination shall become effective on the date of the last signature hereto. TOWN OFJ�T�R/�O P/�H��JY�/�C�+LUB, TEXAS Date: 1�` G�� �� C. Nic�ndeL% re, Mayor Town of Trophy Club ATTEST: CwF TgGA L �', 5< n Holly Fi es, To�ivn S c 0 ��� x APPROVED AS/�T-O�-F'C'Jf2Tk1:10$" '"r/i 1r�lA [' �cD V .lL(d ru �1L Patricia A. Adams, Town Attorney Date: TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B Gregory Wilson, President, Board of Directors page 2 Town Counol MInU[as Oafobar'13. 2015 Pella 98 of 2l9 ATTACHMENT C Partially Executed —Public Safety Application Support and Maintenance Agreement Town Council Minutes Oc[nbe� f 3, 20'IS Page 49 of 213 STATE OP TEXAS COUNIY OF DENTON This Interlocal Cooperation Agreement for Public Safety Application Support and Maintenance, hereinafter referred to as "Agreement', is anode by and between Denton County, a political subdivision of the State of Texas, hereinafter rcferned to as the "County", and WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County, Texas; and WHEREAS, Agency is duly organized and operating under the laws of the State of Texas engaged in the provision of municipal government and/or related services for the benefit of the citizens of Agency; and WHEREAS, County and Agency agree that the utilization of combined support and maintenance of public safety syst¢ms will be in the best interests of both County and Agency, WHEREAS, County and Agency desire ro maximize the value in the utilized public safety applications to improve public safety and law enforcement throughout Denton County, WHEREAS, County and Agency mutually desire to be subject to the provisions of the Interlocal Cooperation Act of the V.T.CA. Government Code, Chapter 791; and NOW THEREFORE, County and Agency, for the mutual consideration hereinafter stated, agree and understand as follows: 1. �¢., The Denton County Department of Technology Services has the resources to provide public safety application support service throughout Denton County_ Agency wishes to utilize County's available public safety application support services ("Services"> during the term of this agreement. 2. TERM OF AGREEMENT. The t¢rm of this Agreement sha71 be for a one year period beginning October I, 20IS and ending on September $O, 2016. Agency may select the desired level of support (either Basic or Er[llaxtced) for each teem of Agreement. 3. Either party may terminate this agreement, with or without cause, after providing sixty (60) days written notice to khe other party_ M[ertoul Ceopet�ation ggrectncnr For 2015-16 t'Rse rya nablic Safety APP/:cation SUPPort and Ma[n[enanc•� Town Council Mlnut¢s Octobar'13, 20'I S Paga 50 of 2l3 4. BASIC SUPPORT. Each Agency that participates in the Denton County Shared Governance Communications 8c Dispatch Services System shall be eligible to receive basic support (as defined in Exhibit "A" -Service Level Agreement) from County at no additional cost. 5. ENHANCED SUPPORT_ £ach Agency that participates in the Denton County Shared Governance Communications 6c Dispatch Services System shal] be eligible to select optional enhanced support (as defined in Exititlrit "A" -Service Level A,greentent) from County. 5.1 IF this Agreement is terminated prior to the expiration of the term of Agreement, County shall send apro-rated refund of the optional enhanced support fees back to Agency based on the amount of time leff on the original agreement term. 5.2 [n the initial term of Agreement, Enhanced Support services will begin in January 2015 and will be pro -rated for 9 months of services. In futures years the Enhanced Support services will begin in October. Before January 20I5, participating agencies will automatically receive Basic Support services. 5.5. Agency shalt pay to County the Total Amount more fully described an Exhibit "8^. 6. FfW LI ES CE. "Software" shall be defined as supported applications as described in r4s.a,a "A." -Service Level Agreement. £ach Agency that participates in the Denton County Shared Governance Communications 8c Dispatch Services System shall be responsible for its own Software licenses and maintenance. 6. L Agency is responsible for purchasing any new Software licenses required by Agency. 6.2. Agency is responsible For payment of all maintenance Fees on Software currentiy in use by Agency. Payment may be made either directly to the software manufacturer or as a reimbursement to County for n.a.intenance paid on Agency's behalf Maintenance fees that are paid by County on - behalf of Agency are described in Exhibit "B". County will work with Agency and software manufacturer to transfer Agency specific maintenance costs to bill directly to Agency (instead of billing to County and requiring reimbursement from Agency). 6.3 If this Agreement is terminated prior to the expiration of the term of Agreement, maintenance Fees already paid to the software manufacturer are not eligible for refund. '�. CO CFS AND PONSIH County agrees to provide the following services and responsibilities: 7.I County shall provide either Basic Support Services or Enhanced Support Services as more Fully described on Exhibit "A" based on Agency's selection. 9.2 IE applicable, County shall provide any mutually agreed Additional Agency Specific Services as more fully described on Exh@n't �A.". 7.3 County shal] have the sole discretion as to the method of providing the Services and shall be the sole judge as to the most expeditious and effective manner of handling and responding to service requests. County will devote sufficient time to insure the performance of all duties and abligationa set forth herein_ a,,.alo¢ar cooperation nsreemene Eor 20I 5-16 "'� z �¢ Public safety Application aapport and Maintenance Town CounGl Minu[¢s Octobet'13. 20t6 Page St oT 2'13 8. AGENCY RF_SPONSffitr-rr•rc_c• Agency agrees to the following responsibilities: 8.1 Varnish County with a current list of Key contacts including an [T coordinator contact on page 1 of Eslubit r'A". 8.2 Except as otherwise specifically provided by County Services and Responsibilities (in section 7 above), Agency is responsible for the costs and upgrades associated with maintaining all Agency computer equipment, network equipment, and software. 8.3 Agency agrees to abide by all Iaws of the United States and the State of Texas and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other system now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. SA Agency shall select the desired level of support (either Basic or Enhanced) on the signatuae page to this Agreement. S.5 Agency is responsible for sending payments to County (Denton County Auditor, Attn: Public Safety Application Support Sc Maintenance, 401 W. Hickory St, Ste 423, Denton, TX 7620 ]) as more fully described in FScEu'bit r'Br' to this Agreement within 30 calendar days of approval of Agreement. 9.-^-aEr�=FN:- The patties acknowledge they have read arul understand and intend to be bound by the terms and conditions of this Agreement, This Agreement contains the entire understanding between the parties concerning the subject matter hereof. No prior understandings, whether verbal or written, between the parties or their agents are enforceable unless included in writing in this agreement This Agreement may be amended only by written instrument signed by both parties. I O. AGREEMENT LIA.SONS. Each party to this agreement shall designate a Liaison to insure the performance of all duties and obligations of the parties. The Liaison for each party shall devote sufficient time and attention to the execution of said duties on behalf of the Farty to ensure full compliance with the terms and conditions of this Agreement. I i. ASSIGNMENT. Neither• party shall assign, transfer, orsub-contract any of its rights, burdens, duties, m• obligators under this Agreement without the prior written permission of the otheY party to this Agreement. I2. AGENCY LiABII ITY. Agency understands and agrees that Agency, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, or representatives of County. Agency shall not be required to indemnify nor defend County for any liability arising out of the wrongful acts of employees or agents of County to the extent allowed try Texas law. I3- COLINIY LIASII.iTY. County understands and agrees that County, its employees, servants, agents, and representatives shall at no time represent theanselves to be employees, servants, agents, or aepresentatives of Agency. County shall not be required to indemnify nor defend .agency fm• any liability arising out of the wrongful acts of employees or agents of Agency to the extent allowed by Texas law. u,tcriocaa cooperation .+E.cemem for 2015-16 3ure Public Safety Appzicetion Suppor[ mrd lNarntenaxse Town Council Mlnulea OcloOer 13. 2p15 Pege 62 of 2'13 34. DISPUTES/RECOU1tS£. County and agency agree that any disputes or disagreements that may arise which are not resolved at the staff level by the parties should be referred to the Appointed liaisons for each enNry. Any further disputes arising front the failure of either Agency or County to perform shall be submitted to mediation, with the parties splittiv[g the mediation fees equally. It is further agreed and understood that the scope of matters to be submitted to dispute mediation as referenced above is limited to disputes concerning sufficiency of performance and duty to pay or ¢ntitlem¢nt, if any, to any reduced fee or compensation. Any other disputes or conflicts involving damages or claimed remedies outside the scope of sufficiency of performance and compensarion ac(jusm[ent shall be referred to a court of competent jurisdiction in Denton County, Texas. I3. EXH031TS_ Attached hereto, and referred to elsewhere in this Agreement are the following Exhibits, which are hereby incorporated by reference. Exhibit A Service Level t yi.0 LScI[ibit B Co.9t Schedule for IMlsinber[ancn and Er[t[aaoed Su 36. ML)LTIPLE OWGIIVAIS_ It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all putyoses. 17. NdI4CFS_ All notices, demands or other writings may he delivered by either parry by U.S. First Class lVtail or by other reliable courier to the parties at the following addresses: County. i Denton County Judge Denton County Commissioners Court 1 30 West Hickory, Room #207 ' Denton Texas 76203 2 Chtef Information Officer (CIO) Denton County Technology Services 703 Kimberly Drive, Suibe 283 Denton Texas 76208 3 Assistant District AHorney Denton County Criminal District Attorneys Office I430 E. McKinney Street, STD t7oor PO Box 2344 Denton Texas 76202 Name of Agency_ Contact Fevson Address - City, State, Zip Telephone Town of Trophy Club Ste hen Seidel Town Mana er 700 Munici al Drive Trophy Club, TX 76262 682-83I-0BOO tnrertmal Cooperation ggreeven[for 2013-36 •as Public Saf ty Application Support and Maintenance Town Council Mlnules October 1S, 2015 Page 53 a1213 18. SEVERABILITY. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the Stat¢ of Texas. Further, this Agreement shall be performed and all compensation payable in Denton County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 19. TI-IQ2D PARTY. This Agreement is made For the express purpose of providing public safety application support and maint¢nance services, which both parties recognize to be a governmental function. Except as provided in this Agreement, neither party assumes any liability beyond that provided by law. This Agreement is not intended to create any liability for the benefit of third parties. 20. VEN[I£. This agreement will be governed and construed according to the laws of the State of Texas. This agreement shall be performed in Denton County, Texas. 21. WANEB_ The Failure of County or Agency to insist upon the peti°orntance of any term or provision of this Agteement or to exercise or enforce any right herein conferred, or the waiver of a breach of any provision of this Agreement by either party, shall not be construed as a waiver or relinquishment to any extent of either parry's right to assert or rely upon any such term or right, or fixture breach of such provision, on any future occasion. 22. AUTHORIZED OFFICIALS. Each party has the full power and authority to enter into and perform this Agreement. The persons executing this Agreement represent they have been pmperfy authorized to sign on behalf of their governmental entity. 23. CfJRREATl' FUNDS. All payments made by Agency to County pursuant to this Agreement shall be from current revenues available to Agency. mterlocal cooperaeion ASreementFor 2015-16 rases sera To �Co� Safety Applics[irni Supper[ grid Maincenance Mlnu[as October 13, 20t5 Papa 54 o(2t3 DENTON COUNT']', TEXAS Mary Horn, County Judge Denton County Commissioners Court 130 West Hickory, Rcom #207 Denton, Texas 76203 (940)349-2820 EXECUTED duplicate originals on this Approved as to form: Assistant District Attorney Denton County Criminal District Attorneys Office I rN s�C6] Please select the desired support Level: [ 1 Basic SuppoaY -or- br ] Enhanced Support s�ate.< C. Nick Sanders, Mayor Town of Trophy Club '100 Municipal Drives Trophy Club, TX 76262 682-83i-4608 EXECUTED duplicate originals on this Date: iU/13j1� A�pp�ro��vcd as to fo/rm�: � --i�l x.[ ild C�IC.V.C.QAIt�O� Attorney for agency Aterlaral Cooperation l�greentent For 20I5-76 t'ase sa a Aablic aafery Application Support and INaintmance Town Council Mlnutas Odobar'13. 20t5 Page 35 of 2t3 BoerA V¢rston Version Data Revision /Description 1.0 11L1/2014 initial Version Name of "Agency" To of Tr h Club TX Agency Locatlona Agency Contacts Title Name Email Phone Agreement Liason Patrick Arata parataQtrophyclub.org 682-831-4650 IT Coordinator MIKE Pastor mpastor�trophyciub.org 682-83111804 Additional Agency Sp¢cific Services Exhibittfy,He��yj����SAgreement vlA-Public Seteiay��rpyegcls Pag¢660fflFP31o£tl Couvty Contacts Title Name Email Phove Agreement Liason � A lication Su ort Mana er Isaac Whits lsasc.WhiteQa dentoncounty,com 940-349-4357 Application Support Administrator Cathy Stanley Cathy.StanleyQv dentoncounty_com 940.349-4357 Chief lnformation Officer Kevin Carr Kevin,CarrQv dentoncounty.eom 940.349-4500 Deputy Chief Information Officer Brian King Brian.KingQdentoncounty.com 940-349-4500 Technical Services Manager Damian Van Zile Demian.VanZileQdentoncounty.com 940.349-4357 Desktop Operations Manager Shawn Buchanan Shawn.BmhananQdentoncounty.com 940-349-4357 Server Opemtions Manager Ray Rose Ray.RoseQv dentoncounty.00m 940-349-4357 Network Operations Manager Don Click Don.ClickQdentoncounty.com 940-349-4357 HELP DESK HelpDeskQdentoncounly,00m 940-349-4357 Exhibityawn�.rdYr1ER �Y,�gP.grcemrnt vl.0—Public Safetq��ggpga,Fgots Paoe s�o�32ofll Pn blc of Conte ntn 1. Service OvarvieW.........................................................................................................................._.......................................4 2. Servic¢ �¢scriPtlon................................................................................................................................................................4 2.1 AssumPtions......................................................................................................................................................................4 2.2 SUPPorted APPlicatlons......................................................................................................................................................4 2.3 Availabl¢ 5¢rvices....................................................................................................................................................._........5 3.1 GounH ResPonsibilttV.........................................................................................................................................................5 3.2 AB¢ncY R¢sPonstbilifY................................................................................................................... .......................6 ............... 4. Service SUPPort................................................................... ...................................................................................................J 4.1 R¢9uestln6 Servic¢.............................................................................................................................................................J 4.2 Hours of Cov¢raBe..............................................................................................................................................................J 43 Incident and Requesf ResPons¢ and Prlori[ization....._......................_...............................................................................J 4.4 R¢solution.......................................................................................................................................................................... J 4.5 Servtc¢ Escaia[ion...............................................................................................................................................................J 4.b Priority Levels....................................................................................................................................._.............................8 4.J Priorlly level n¢t¢rminatlon...............................................................................................................................................9 4.8 SerWce Level M¢asuremen[s..............................................................................................................................................9 4.9 Scheduletl Malntena nce............_......................................................................................................... _............................9 4.10 unschedul¢d Mainfenance .. ............................................9 5. Cus[om¢r 5¢rvice Survev........................................................................................................................................... ...... 19 Exhibit-�wn�ed�y�ff ��y��greement v1.0 — Public Saf t}y �g§P�szois Page sa o3 3 of l i BalaiA 1. Service Overview This is a Service Level Agreement C"SLA") between the Agency and the Denton County Department of Technolggy Services ("DTS") to document: the technical services provided to the Agency; the general levels of response, ayaila bility, and maintenance associated with these services; the responsibilities of DTS as a provider of these services and of Agency users receiving services; and processes for requesting services. 2. Service D¢scription 2.1 Assumptions An "Incident" is defined as any interruption in the normal fu nctiontng of a supported serWce or rystem. Incidents that cannot be legitimately resolved within the timeframe of this SLA or that do not have an available workaround, will become part of a Problem Management process. � A "Request" is defined as any new service, a change to an existing s¢rvice, or removal of an existing service. An "Inquiry" is defined as a request for information. Services will be provided in adherence to any related policies, processes antl procedures. 2.2 Supported Applications The following software applications will be supported: SunGard MCT/MFR ONESolution RMS � OpCenter � Police2Police, Police2Citizen � Any additional Sun Gard applications purchasetl under the Denton County contract and made available io other agencies. � FIREHOUSE Software Exhibits„T,,:�y�E�,�y,��.greement v 1.0 —Public SafacpScPe�€i^FSe§ots saga sa gfa�� 4 of I 1 E3o-ierA 2.3 Available Services Basic SuooarL Services: Agencies that choose the Basic Support option will be providetl the following services: • Client support services will be provided through the software ventl or. • Remote access to county hosted systems for supported applications. . Password resets during normal business hours. • Software update notifications for supported applications. • Maintenance and support of Site -to -Site connections for County owned equipment only. • Participation in the Denton County Law Enforcement Portal (p2cdentoncounty.com)_ • Access to the OpCenter web site. Enhanced Su000rt Services: Agencies that choose the Enhancetl Support option will be provided the following services: • All services provided under Basic Support Services. • Access to Help Desk after-hours support for critical business issues. • Software update assistance for supported applications. • Maintenance and support of the Site -to -Sit¢ connection for both County and Agency equipment. • Access to Training classes for the supported applications provided by DTS as well as other DTS training services. Addfttonal Services: Agencies may negotiate additional services specific to their own agency. Additional agency specific services are included on the first page of this SLA in the "Additional Agency Specific Services" section. 3. Rol¢s and Rsponsibiliti¢s 3.1 County Responsibility County responsibilities antl/or requirements to support of this Agreement include: • Making best efforts to resolve problems (or find works rountls) within the expected completion times based on the priority for all incidents and requests. Completion times depend on a number of factors including complexity, the availability of the user, access to eMernal resources such as software fixes, and the existence of a solution. • Providing assistance with basic installation of software relating to the listed applications. • Acting as the liaison with vendors or external resources for supported services. • Maintaining and uptlating all county ownetl software and hardware required to provide Services for the Supported Applications. • Generating annual reports on service level performance. • Notifying agencies of all scheduled antl unscheduletl maintenance via a -mail notifications from the DTS H¢Ip Desk. • The County is responsible for the costs and maintenance of all County wmputer equipment, network equipment, and software. • Ensuring the security of the County computer systems antl network_ Exhibit-�,�,�r�eEgj� ���lgreement v 1.0 —Public Saf tty {ag6PFlP.$ois Paoa ao gf�fa 5 of I I E]a erA • Preventing unauthorized access to Agency Information. • Maintaining regular backups of files and data stored on county owned equipment. 3.2 Agency Responsibility Agency responsibilities and/or requirements in support of this Agreement include: Payment of all maintenance fees on software currently in use by [he Agency. Payment of all support services selected by the Agency. • Notifying the County of personnel changes in a timely manner. • Making best effort for availability of users) when resolving a service related incident or request. . Submitting requests for service to the Denton County Help Desk_ • Communicating plans, changes of needs, and problems to the County in a timely manner. . Except as otherwise specifically provided by this SLA, the Agency is responsible for the costs and maintenance of all Agency computer equipment, network equipment, and software. . Ensuring all Agency owned systems meet minimum requirements for She Supported Applications. . Ensuring th¢ security of the Agency computer systems and network. . Preventing unauthorized attess to County Information. . Maintaining regular backups of Rles and tlata stored on agency owned equipment. • Designating an "Information Technology (IT) Coordinator" to ensur¢ that these responsibilities are carried out and to serve as the primary contact person between the agency and DTS. For Agencies who use the SunGard RMS and/or hav¢ a Site -to -Site connection, the IT Coordinator will also be responsible for resetting user passwords for their agency utilizing the SMS application. Because agencies have different needs, IT resources, and 1¢vels of internal expertise, the neetls and resources of a given agency may not require the IT Coordinator [o have an extensive technical backgrountl. Exhibit{�,w��j� ���g4greement v I.O —Public Safet2S .(yggp4Fszots Paya si o�f3 G of I I 4. Service Support 4.1 R¢qu¢sting Service • Contact the Denton County Help Desk by one of the options below. In order to ensure the fastest possible service, please do not send requests to a specific County employee. Except for emergencies, drop -Ins should be scheduled through the Help Desk. • Phone—Ca11940-349-HELP (4357) Phone service is available during normal hours of operation. Messages left outside of normal hours will be processed the next business day. An on -call technician will be available outside of normal hours for emergency calls only. • Email - Hetodesk@de ntoncountv.com E-mall requests will be processed during regular business hours. Email requests can be sent 24 hours a day, 7 days a w¢ek. • Information Technoloav (IT1 Coordinator Please contact your IT Coordinator for services not listed. 4_2 Hours of Coverage Service is available during standard operating hours of B:OOam—S:OOpm Monday— FFiday, except on County holidays. 4.3 Incident and Request Response and Prioritization Incoming Service Requests will fall into priority levels ofCritical', 'U rgent', 'High','Medium', 'Normal' and 'LoW. These levels will be identified by type (incident, request for service or inquiry), urgency and impatt of the Service Request. If the incident cannot be resolved during the initial call, a OTS technician will be contatted to further research the issue. For responses to Service Requests, the goal for DTS is fo respond in a timely manner. 4_4 Resolution DTS will use reasonable efforts to resolve Service Requests that are within the control of DTS responsibilities. Circumstances beyond OTS control (waiting for parts, response from user, or third party involvement) will constitute a temporary suspension of the SLA clock until , appropriate response, replacement parts or services have been received. 4.5 Service Escalation • If you are not satisfied with the level of service on a request, contact your IT Coordinator or the Technical Services Manager of OTS. They will respond to you with the action taken or to develop a solution that m¢ets your needs. ExhibittF�r�gy�jEg �pny�sAgreement v1.0 —Public Safetyy�(yggnpjepots P®ee sz 8tA£ss 7 of t I 4.6 Priority Levels DTS provides service based on the following Priority Levels. Priority Navel Gharaeteristics Prfort Lev¢I Ex ected Com I¢tion Time Descri tion Incident Lev¢Is Standard Business Hours Sam—spm, Monday through Friday) Critical $hours • An Incident where systems are down or s¢riously g0% of the time. Impacted and/or products/services are unavailable. (Continued repair until' - operational) . Normally a global issue or a large number of Agency users are being affected. . There Is no acceptable workaround to the problem (i.e., the Job cannot be performed in any ocher way). The commitment of Incident management resources is critical. l/rgent 1 business day • Issues affecting a large number of users 80% of the time_ • Requests that require immediate attention High 2 business days •The issue causes any Agency user to 6e unabl¢ to work SD%of the time. or perform some signiftcant portion of their job. • Incidents where systems are degraded/unreliable; pertormance and/ar legal agreements are at risk. • There is an acceptable and implemented workaround to the problem (i.e., the job can be pertormed in some other way). The commitment of incident management resources is high. Medium 3 business days • An incident where pertormance and/or legal agreements 80%of the time. may be degraded. The actual and potential business impact is low in terms of th¢ user. (a few or less users are affected) • The issue rouses a Agency user to be unable to perform some small portion of their job, but they are still able to complete most other tasks. May also include questions and requests for information. Exhibit-pawc�y�p ��y��tgrcamam v 1.0 —Public Safct}y�g§,npyegoi s avga a3 �t�s 8 of / I r='r-�.. • A temporary workaround, alternative, or circumvention is available. There is no commitment of incident management resources outsid¢ of business as usual. Normal 5 business days • An inc(d¢nt where performance and/or legal agreements 8D% of the time. are no< at risk. The actual and potential business impact Is minimal in terms of the user. Low 10 days •The customer has requested a new service or 80%of the time. information pertainin to a feature, system or service. 4.7 PrioHty level Oet¢rmtnation • Priority levels will be automatically determined by: • Service Request Type (incident, request for service or inquiry). Impact (Single user, 2 -9 users or 10 or more users). • Urgency (H fgh— Users) is unable to work, Medium— User's work is Impacted, Low —A workaround can be implemented or a user's ability to work is not greatly impacted.) P riority Levis flnddentsl Sin le Us¢r 2-9 users 1Ot Users High High Hi h Urgent Medium Medium Hi h Hi h Low Normal Medium Medium 4.8 Servic¢ Lev¢I Measur¢m¢nts • Service levels will be measured based on the overall service level to rgess for each agency broken out by Priority Levels (Critical, Urgent, High, Medium, Normal, low). These targets are basetl on each priority's expected completion times. Service level reports will be run on a yearly basis and reviewed by DTS antl Agencies at that time. The minimum number of total Service Requests required to meet the SLA percentage for a given Priority Level will be 12 or more. If an agency has less than 12 SR's in any given priority level then the overall w¢ighted percentag¢ will apply to that priority. 4.9 Scheduled Maintenance • DTS plans scheduletl maintenance windows each week (usually on Thursday evenings, starting at'] p.m. until 7a.m., the next day) to maintain and increase th¢ security, availability, and performance of the network and supported applications. DTS works to minimize or avoid any disruption to public safety agencies during the maintenanc¢ windows. Agencies will be notified if we are aware of an anticipated interruption to public safety systems. A notification reminder will be sent out the morning of the scheduled maintenance day with Information about the maintenance being pertormed. 4.10 Unsch¢dul¢d Maintenance Exhibitt�w��y�Es �y,�y4greement v1.0 —Public Safefpye�� �3c§oi s aaga sa of�a 9 of 1 I Ba�IrA • Occasionally DTS may be required to interrupt services [o Agency users du¢ to unpredictable maintenance requirements that had not been pr¢viously planned but require prgmpt attention and must have action taken to allow for system restoration and prot¢ttign of county r¢sources. When possible, email notification will be sent 24 hours, or mare, prior to maintenance specifying the work to be performed. 5. Customer Service Survey 5.1 Survey Forth • Upon closure of a Service Request, Agency employees will receive a link to the Customer Satisfattion Survey. These surveys are important in gauging work quality within DTS and help Improve custom¢r service. 5.2 Customer Satisfattlon Surv¢y Ratings —Detailed Definitions Technician went beyond what was required • quality of work is exceptional; performance far exceeds the needed requirement to fulfill the request. Quick to respond. Receptive to n¢¢ds and was able to understand the request with Informative questbning. • The resolution was much faster than expected. • Communication was fr¢quent throughout the entire process and updates during the progress and upon finding a sglution were completely understandable. • Actions were taken quickly and an optimal solution was found. • Technician showed an ability to quickly understand the request and utilized their skills to The fullest. • Technician went out of their way in providing support. Excellent • quality of work is excellent and an extra effort was taken in fulfilling the request. • Quick response in initial contact. Receptive and willing to help. • Th¢ resolution was faster than expected. • Technician made sur¢ to communicate status as well as inform user of solution. • Technician went out of their way to property resolve the issue. • Technician came up with a solution to allow minimal interruption Yo the user. • Technician took a complete Interest in helping. Satisfied • Quality of work is acceptable. • Initial contact was cordial and responsive to my needs. • Has demonstrated the ability to handle the Service Request within an appropriate timeframe. • Communicat¢d Th¢ status as well as resolution. • Solution m¢t the requirement needed to resolve th¢ issue. • Performed the task with the proper technical skills and expertise. • Technician was thorough in taking care of the Service Request. N¢¢ds Improvement • Quality of work is poor. p Exhibit�r�i�'k�fgr�sAgreement vl.0—Public SafettycfaRSF`F3F§pis Page 65 dFFF3 IO pill r+-sn • Access to help was time consuming. • Technician did not demonstrate She abilty to handle Issue within an appropriate timeframe. • Poor communication. Issues were not explained or untlerstood. • Qu¢siiona ble resolution. • Technician s¢emed unconfident with ability. • Lack of interest, only helpful ¢nough to get the task completed. Uissatisfled • Failed to meet expectations. • Little or no response to requests. • Issue persists_ Little or no communication during work being done. • No progress was made in response to correctiv¢ action. • There is a definite lack of ability and/or willingness. • Technician was rude. Not Aoolicabl¢ • Question being asked does not pertain to the request. Ex4�ibitr@,ar ggQi�gg�y�Agreement v1.0 —Public Saferget�'1 s1efoi s Page as or�� I 1 of l i EXHIBIT B FY 2016 Cost Sch¢dule for Maintenance and Optional Enhanced Support Police Department JSSI Mobile Client Maps I $ 22.90 � 1 O� $ 229.00 JSSI Cllant AVL Mobile License $ 17.13 6 $ 103.00 JSSI -MFR Client -Racial Profiling 1 $ 22.90 10 $ 229.00 JSSI -MFR Client- Basa IncidenLOffansa $ 113.64 1 O $ 1,136.00 JSSI Mobile Arras[ Module I $ 45.45 � 1 Or$ 455.00 JSSI Accident Wizard Workstation Ltcansa Client $ 26.22 6 $ JSSI -MFR Client Citation � $ 75.69 y _757.00__ 8� 606.00 JSSI -MFR Client - Accident Reporting $ 75.69 6 $ 454.00 I � _ �-_ _..._ ... JSSI Client Basa Recorda Management System $ 1,116.77 1 $ 1,117_00 u pgratla to Site'ucense i $ 1,690.39 1 1 �$_ 1,690.00 JSSI -Link Analysis Module $ 305.96 1 $ 306.00 DSSI RMS Map Display and Pin Mapping License - Sita License $ 174.84 1 $ 175.00 DSSI Multi-JUNstlictional RMS Option $ 48.08 1 $ 48.00 DSSI Notification Motlule � $ 196.69 � _ 1 �_. 197.00 DSSI Raelal Profiling Module -Site $ 43.71 1 $ 44.00 DSSI Sex Offender Module 1 $ 131.13 � __ 1 � 131.00 DSSI CNme Analysis Module -Site Licansa $ 109.27 1 $ 109.00 DSSI Basa Mobile Server Software Client � $ 477.96 I 1 �$ 478.00 DSSI AVL Sarver Host License $ 344.21 1 $ 344.00 OSSI Residential Security Watch Motlule � $ 21.22 � 1 $ 21.00 DSSI Review Module for Field Reporting $ 353.61 1 $ 354.00 OSSI's Integrated Massaging Switch Software I $ 196.69 J __ 1 $ 197.00 Total Maintenance Faes to ba reimbursed to County 1 � � $ 9,716.00 Optional Enhanced Support Fe¢s I � $ 3,886.00 Total Maintenance +Optional Enhanced Support � � I � $ 13,602.00 Town Counc➢ Minutes October t 3. 20� 5 Page 8] oT 2l3 Page 1 of 1 ATTACHMENT U Resolution No. ZO15-33 Town Caundl Mlnutas Ocbbar t3, 20t5 Pa9¢ 68 a(2t9 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2075-33 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2074-47 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PU RCHA3ING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN'S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chap[er 277 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing progrem or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town's participation in the cooperative purchasing programs and other approved stet¢ programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purohase goods and services from qualified vendors, to relieve the burdens of the governmental purchasing function, and to realize the venous pote ntlal economies, including administrative cast savings [Flat such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town's participation in these programs is beneficial and should be approved, that Resolution No. 2074-47 should be repealed in its entirety, that this Resolution be adopted, and that the Tawn Manager or his designee is appointetl as the Program Coordinator for the Town's membership in such cooperative programs; and Town Goundl Minute¢ Odvbvr 13, 2O� 5 Peg® BB oT 21S WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, such Agreement and fee are hereby approved and [he Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such programs) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds era budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section �. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town's parttdpatton in the following cooperative purchasing programs is hereby authorized and approved to accordance with the terms of this Resolution antl of the Town of Trophy Club Procurement Policies and Procedures: Buy Board Choice Partners City of Frisco Denton County Department of Information Resources (OI R) Houston -Galveston Area Council Cooperative Purchasing Program (H-GAC) National Cooperative Purchasing Alliance (N CPAj National Joint Powers Alliance (NJPA) North Central Texas Council of Government Cooperative Purchasing Program (NCTCOG) Tarrant County Texas Building and Procurement Commission (TBPC) Texas Interlocal Purchasing System (TIPS) - Taxas Multiple Award Schedules (TXMAS) Texas Procurement and Support Services (TPAS S) The Cooperative Purchasing Network (TCPN) Trusted Purchasing Alliance (TPA) US Communities US General Services Administration (GSA) Western States Contracting Alliance Section 3. The Town Manager or his designee is appointed as the Program Coordinator for the Town's membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such pa rtieipation. RES 2015-33 Pages 2 of 3 Town Connell Mlnutee nebbe, l3. 2015 Papa 90 oP 213 Section 4. The Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such programs) according to the terms and conditions set forth in this Resolution and the Town's Procurement Policies and Procedures. Section 5. This Resolution shaft become effective immediately upon its passage. PASSED ANO APPROVED by the Town Council of the Town of Trophy Club, Texas, this the t3th day of October, 20'15. t� � �� C. Nick Sanders, Mayor Town of Trophy Club, Taxers ATTEST: [SEAL] ,_ � �r T4�-.G.oS- V - ? n � �) Holly Flm s, Town Secretary Town of Trophy Club, Texas - � ',':'Y t, y:ea� APPROVED TO AS FORM: Pa ncla A. Adams ,Town Attorney Tawn of Trophy Club, Texas RES 2pt 5-93 Page 3 of 3 Town COUndI Mlnut¢s OCWbar 13, 20�5 Page 71 0(213 ATTACHMENT E Partially Executed — Verizon Land Lease Agreement (Crooked Creek) Town Council Mtnulas OUobar 13. 20t 5 Pa9¢ 92 of 2l3 CROOKED GREEKI2Bt HH5 f3JM/OL16.20f6 LAND LEASE AGREEMENT This Land Lease Agreement ("Agreement"), made this day of 20 between TOWN OF TROPHY CLUB, a Texas home rule municipality, with an address of f00 Municipal Drives, Trophy Club, Taxers 76262, hereinafter designated LESSOR and OALLAS MTA, L.P. d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party". t. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as the Property), located off of State Highway 1t4, Trophy Club, Denton County, Texas, and being described as a 240 square foot parcel (the "Land Space"), together with the air space rights for the placement of antennas on the existing electric transmission tower ("Antenna Space"), together with a ten feet (t O') wide non-exclusive utility easement for a duct bank trench running from the Land Space to the existing power tower (the "Duct Bank Trench"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or along a twenty foot (20') wide right -of --way extending from the nearest public right -of --way, States Highway t'14, to the Land Space and Duct Bank Trench, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land Spaces, said Land Space, Antenna Space, Duct Bank Trench and Rights of Way (hereinafter collectively refened to as the "Premises") being substantially as described herein in Exhibit "A" attached hereto and made a part hereof. The Property is also shown on the Tax Map of Denton County as tax identification number 56376t, and is further described in Deed Book 5'163 at Pages 478 as recorded in the Office of the Clerk of Denton County, Texas. In the event LESSEE is unable to use the Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way either to the LESSEE at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Properly and the Premises, and said survey shall then become Exfi lblt "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A"_ Cost for such work shall be borne by the LESSEE. 3. TERM' RENTAL. a. This Agreement shall be effective as of tits data of execution by both Parties, provided, however, the in ltlal term shall be for five (5) years and shall commence on the Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due at a total annual rental of $'12,000.00, to ba paid Town Council Mlnulas Odobar t3. 20t5 Page ]3 or2t3 in equal monthly installments on the first day of the month, in advance, to LESSOR, or to such other person, firm or place as LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by notice given in accordance with Paragraph 23 below. The Agreement shall commence based upon the date LESSEE commences installation of the equipment on the Premises. In the event the date LESSEE commences installation of the equipment on the Premises falls between the 'I" and 'I 5'b of the month, the Agreement shall commence on the 'I" of that month and if the date installation commences falls between the '16'b and 3'I" of the month, then the Agreement shall commence on the t" day of the following month (either the "Commencement Date"). LESSOR and LESSEE agree that th¢y shall acknowledge In writing the Commencement Date_ LESSOR and LESSEE acknowledge and agree that initial rental payments) shalt not actually be sent by LESSEE until thirty (30) days after a written ac knowladgement confirming the Commencem¢nt Dat¢. By way of illustration of the preceding sentence, if the Commencement Date is January 1 and the written acknowledgement confirming the Commencement Date is dated January 14, LESSEE shall sand to the LESSOR th¢ rental payments for January 1 and February 1 by February 13. Upon agreement of the Parties, LESSEE may pay rent by electronic funds transfer and in such event, LESSOR agrees to provide to LESSEE bank routing information for such purpose upon request of LESSEE. h. LESSOR hereby agrees to provide to LESSEE certain documentation (the "Rental Documentation") evidencing LESSOR'S interest in, and right to receive payments under, this Agreement, including without limitation: (i) documentation, acceptable to LESSEE in LESSEE'S reasonable discretion, evidencing LESSOR'S good and sufficient title to and/or interest in the Property and right to receive rental payments and other benefits he rounder; (ii) a complete and fully execut¢d Internal Revenue Service Form W-g, or equivalent, in a fonn acceptable to LESSEE, for any party to whom rental payments are to be made pursuant to this Agreement; and lilt) other documentation requested by LESSEE in LESSEE'S reasonable discretion. LESSOR agrees to provide updated Rental Documentation in a form reasonably acceptable to LESSEE. The Rental Documentation shall ba provided to LESSEE in accordant¢ with the provisions of and at the address given in Paragraph 23. Delivery of Rental Documentation to LESSEE shall be a prerequisite for the payment of any rent by LESSEE and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to make any rental payments until Rental Documentation has been supplied to LESSEE as provided herein. Within fifteen (15) days of obtaining an interest in the Property or this Agreement, any assignee(s), transferea(s) or other successors) in interest of LESSOR shall provide to LESSEE Rental Documentation in the manner set forth in the preceding paragraph. From time to time during the Term of this Agreement and within thirty (30) days of a written request From LESSEE, any assignees) or transfe reels) of LESSOR agrees to provide updated Rental Documentation in a fo nn reasonably acceptable tc LESSEE. z Town Coundl Minutes Onlobe,'13, 2015 PBgO 94 of 2l3 Delivery of Rental Documentation to LESSEE by any assignees ), transferee(s) or other successors) in Interest of LESSOR shall be a prerequisite for the payment of any rant by LESSEE to such party and notwithstanding anything to the contrary herein, LESSEE shall have no obligation to maKe any rental payments to any assig nee(s), tra nsferee(s) or other successors) in interest of LESSOR until Rental Documentation has been supplied to LESSEE as providetl ha rain. 4. EXTENSIONS. This Agreement shall automatically be eMended for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the then current term by giving LESSOR written notice of the intent to terminate at least six (6) months prior to the end of the then current term. 5. EXTENSION RENTALS. Commencing on the first annual anniversary of the Commencement Oate and on each annual anniversary thereafter during the farm of this Agreement (including all extension terms), annual rent shall increase by an amount equal to three percent (3%) of the annual rent due for the immediately preceding lease year. 6. ADDITIONAL EXTENSIONS. If at the end of the fourth (4th) flue (5) year extension term this Agreement has not been terminated by either Party by giving to the other written notice of an intention to terminate it at least three (3) months prior to the end of such term, this Agreement shall continue In force upon the same wvenants, terms and conditions for a further term of five (5) years and far five (5) year eMension terms thereafter until terminated by either Party by giving to the other written notice of its intention to so terminate at least three (3) months prior to the end of such term. Annual rental for each such additional five (5) year term shall be equal to the annual rental payable with respect to the Immediately preceding five (5) year Tenn. The initial term and all extensions shall be collectively referred to herein as the "Tenn". 7. TAXES. LESSEE shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property which is the result of LESS EE's use of the Premises and/or the installation, maintenance, and operation of fire LESSE E's improvements, and any sales tax imposed on the rent (except to the eMent that LESSEE is or may become exempt from the payment of sales tax in the jurisdiction in which the Property is located), including any increase in real estate taxes at the Property which arises from the LESSEE's improvements antl/or LES SEE's use of the Premises. LESSOR is a tax exempt entity; LESSEE shall each ba responsible for the payment of any taxes, levies, assessments and other charges imposetl including franchise and similar taxes imposed upon the business conducted by LESSOR or LESSEE at the Property. Notwithstanding [tie foregoing, LESSEE shall not have the obligation to pay any tax, assessment, or charge that LESSEE is tlisputing in good faith in appropriate proceedings prior to a final determination that such tax is properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of LESSOR'S income taxes in connection with any Property or otherwise. Except as set forth in this Town Council Mlnul¢a Oclober'13, 20t6 Page 96 of 2'13 Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, assessments, or charges owed on the Property and shall do so prior to the imposition of any lien on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expanse, to appeal, challenge or seek modification of any tax assessment or billing For which LESSEE is wholly or partly responsible for payment. In the event that as a result of any appeal or challenge by LESSEE, there is a reduction, credit or repayment received by the LESSOR for any taxes previously paid by LESSEE, LESSOR agrees to promptly reimburse to LESSEE the amount of said reduction, credit or repayment. 8_ USE: GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a communications facility and uses incidental thereto. A security fence meeting the requirements of Ordinance No. 20t5-36, any subsequent amendments to Ordinance No. 20t5-36, and other applicable Town ordinances shall be placed around the perimeter of the Premises (not including the access easement)_ All improvements, equipment, antennas and conduits shall be at LESSEE's expense and their installation shall be at the discretion and option of LESSEE. LESSEE shall have the right to replace, repair, add or otherwise modify its utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached hereto, during the Term. It is understood and agreed that LESSEE's ability to use the Premises is contingent upon its obtaining after the execution date of this Agreement all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities as well as satisfactory soil boring tests which will permit LESSEE use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use thereof by LESSEE. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to LESSEE is cancoled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) LESSEE determines that such Governmental Approvals may not be obtained in a timely manner; <iv) LESSEE determ Ines that any soil boring tests era unsatisfactory; (v) LESSEE determines that the Premises is no longer technically compatible for its use, or (vi) LESSEE, in its sole discretion, determines that the use of the Premises is obsolete or unnecessary, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective the date a5 designated by LESSEE in the notice. All rentals paid to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other hereunder. Otherwise, the LESSEE shall have no further obligations for the payment of rant to LESSOR. In addition, LESSEE shall have the right to terminate this Agreement without penalty at any time and for any Town Council Mlnutea OClabar t3. 20'IS Pega 98 of 2'13 reason prior to the data LESSEE commences installation of the equipment on the Premises, effective upon the date as designated by LESSEE in such notice. Notwithstanding the foregoing or any other provision in this Agreement, LESSEE shall comply with all requirements of Ordinance No. 20'I 5-36. 9. INDEMNIFICATION. Subject to Paragraph 10 below, LESSEE shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the LESSEE, its employees, wntractors or agents, except to the eMent such claims or damages may be due to or caused by the negligence or willful misconduct of the LESSEE, or its employees, contractors or agents. 1 O. INSURANCE. a. LESSEE hereby waives and releases any and all rights of action for negligence against LESSOR may hereafter arise on account of damage to the Premises or to the Property, resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with axtendod coverage, regardless of whether or not, or in what amounts, such insurance is now or hereafter carried by the Parties, or either of them. LESSEE'S waivers and releases shall apply between the Parties and they shall also apply to any claims under or through either Party as a result of any asserted right of subrogation or third party claim. All such policies of insurance obtained by LESSEE concerning the Premises or the Property shall waive the insurer's right of subrogation against the LESSOR. b. LESSEE shall maintain at its own cost; Commercial Genera( Liability insu mnce with limits not less than $'I,000,000 for injury to or death of one or more persons in any one occurrence and $500,000 for damage or destruction to property in any one occurrence ii. Commercial Auto Liability insurance on all owned, non - owned and hired automobiles with a minimum combined limit of not less than one million ($'I,000,000) per occurrence iii. Workers Compensation insurance providing the statutory benefits and not less than one million ($t,000,000) of Employers Liability coverage. LESSEE shall Include the LESSOR as an additional insured on the Commercial General Liability and Auto Liability policies. 'I � . LIMITATION OF LIABILITY_ Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, spacial or 5 Town Caundl MlnuWo October l3, 2015 Page 97 01213 consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. '12. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein, provided LESSEE is not in default hereunder beyond applicable notice and cure periods, either Party shall have the right to terminate this Agreement upon the annual anniversary of the Commencement Date provided that th rae (3) months prior notice is given to the other Parly. 'i 3. INTERFERENCE. LESSEE agrees to install equipment of the type and Frequency which will not cause harmful intartarence which is measurable in accordance with then existing industry standards to any equipment of LESSOR or other licensed w"Ireless communications providers of the Property which existed on the Property prior to the data this Agreement is executed by the Pa rtias. In the event any after -installed LESSEE'S equipment causes such interterenca, and after LESSOR has notified LESSEE in writing of such interterence, LESSEE will take all commercially reasonable steps necessary to correct and eliminate the inte rterence, including but not limited to, at LES SEE's option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate the equipment as long as LESSEE is making a good faith effort to remedy the interterence Issue. LESSOR agrees that LESSOR and/or any other tenants, occupants, or users of the Property who currently have or in the future take possession of, all or a part of, the Property will be perm fitted to install only such equipment that is of the type and frequency which will not cause harmful interterence which is measurable in accordance with then existing industry standards to the then existing equipment of LESSEE. The Parties acknowledge that there will not ba an adequate remedy at law for noncompliance with the provisions. of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific pa rtormance. 14. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Tenn, or within ninety (g0) days after any earlier termination of the Agreement, remove its building(s), antenna structu refs) (except footings), equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and acknowledges that all of the equipment, conduits, and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same at any time during the Term, (as defined in Paragraph 33 below). If such time for removal causes LESSEE to remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro -rate basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, Fudures and all personal property are com plated. Town CounUl Mlnulas ocloEer l3, 20t5 Paga 78 0( 213 t5. HO LOVER. LESSEE has no right to retain possession of the Premises or any part thereof beyond the expiration of that removal period set forth in Paragraph '14 herein, unless the Parties are negotiating a new lease or lease extension in good Faith. In the event that the Parties are not in the process of negotiating a new lease or lease extension in gootl faith, LESSEE holds over in violation of Paragraph '14 and this Paragraph '16, then the rent then in effect payable from and after the time of the expiration or earlier removal period set forth in Paragraph t4 shall equal to the rent applicable during the month immediately preceding such expiration or earlier termination_ '16. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, with or without an assignment of this Agreement to such third party, LESSEE shall have the right of first refusal to meet any bona fide offer of easement on the same terms and conditions of such offer. If LESSEE faits to meet such bona fide offer within thirty (30) days after written notice thereof from LESSOR, LESSOR may grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms antl conditions of such third party offer. '17. RIGHTS UPON SALE. Should LESSOR, at any time during the Term tlecide (i) to sell or transfer all or any part of the Property to a purchaser other than LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE, or a larger portion thereof, for the purpose of operating and maintaining communications facilities or the management thereof, such sale or grant of an easement or interest therein shall be under and subject to this Agreement and any such purchaser or transferee shall recognize LESSEE'S rights hereu ntler under the terms of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by LESSEE far the purpose of operating and maintaining communications facilities or the management thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall not be released from its obligations to LESSEE untler this Agreement, and LESSEE shall have the right to look to LESSOR and the thirtl party for the full pertormance of this Agreement. '18. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and pertorming the covenants herein, shall peaceably and quietly have, hold antl enjoy the Premises. '19. TITLE. LESSOR represents and warrants to LESSEE as of the execution date of this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants during the Term that there are no Town Coundl Minutes Ocfobar l3, 2�t3 Page ]9 of 213 liens, judgments or impediments of title on the Property, or affecting LESSOR'S title to the same and that there are no covenants, easements or restri ctlons which prevent or adversely affect the use or occupancy of the Premises by LESSEE as set forth above. 20. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a written acknowledgment in the case provided in Paragraph 3. In the event any provision of the Agreement is found to ba invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict pertormance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shalt have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, in law or in equity. Notwithstanding the foregoing, LESSEE shall comply with all applicable Ordinances of the Town, including without limitation Ordinance No. 20'I 5-36, and in the event of conflict between this Agreement and Town Ordinance, Town Ordinance provisions shall have priority. 2i. GOVERNING LAW. This Agreement and the partormance thereof shall be governed, interpreted, construed and regulated by the Laws of the State in which the Property is located. Exclusive venue shall lie in Oanton County, Texas. 22. ASSIGNMENT. This Agreement may be sold, assigned or transferred by the LESSEE without any approval or consent of the LESSOR to the LESS EE's principal, affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LESSE E's assets in the market defined by the Federal Communications Commission in which the Property is located by reason of a merger, acquisition or other business reorganization_ As to other parties, this Agreement may not be sold, assigned or transferred without the prior written consent of the LESSOR, which such consent will not ba unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate dissolution of LESSEE shall constitute an assignment hereunder. LESSEE may sublet the Premises within its sole discretion, upon notice to LESSOR. Any sublease that is entered into by LESSEE shall ba subject to the provisions of this Agreement and shall be binding upon the successors, assigns, heirs and legal representatives of the respective Parties hereto. STEVEN QUESTION: Will they sublease space? Ooes the Town want to be paid for additional antennas? 23. NOTICES. All notices hereunder must be In writing antl shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, Town Council Mlnutas Oclobar 13. 20t5 Page 80 oT 213 provided the courier's rag ular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: Town of Trophy Club t00 Municipal Drive Trophy Club, Texas 76262 LESSEE: Dallas MTA, L.P. d/b/a Verizon Wireless 780 Washington Valley Road Bedminster, New Jersey 0792f Attention: Network Real Estate Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 24. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representative, successors and assigns of the Parties hereto. 25. SUBORDINATION AND NON -DISTURBANCE. LESSOR shall obtain a Non -Disturbance Agreement, as defined below, from its existing mortgagee(s), ground lessors and master lessors, if any, of the Property. At LESSOR'S option, this Agreement shall be subordinate to any future master lease, ground lease, mortgage, deed of trust or other security interest (a "Mortgage") by LESSOR whim from time to time may encumber all or part of the Property or right-of-way; provided, however, as a condition precedent to LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the Property, LESSOR shall obtain for LESSEE'S benefit anon -disturbance and attornment agreement for LESSEE'S benefit in the form reasonably satisfactory to LESSEE, and containing the terms described below (the "Non -Disturbance Agreement"), and shall recognize LESSEE'S right to remain in occupancy of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond applicable notice and cure periods. The Non -Disturbance Agreement shall include the encumbering patty's ("Lender's") agreement that, if Lender or its successor -In -interest or any purchaser of Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the Property, Lender or such successor -in -interest or Purchaser will ('I) honor all of the terms of the Agreement, (2) fulfill LESSOR'S obligations under the Agreement, and (3) promptly cure all of the then -existing LESSOR defauks under the Agreement. Such Non -Disturbance Agreement must be binding on all of Lenders participants in the subject loan (if any) and on all successors and assigns of Lender and/or its participants and on all Purchasers_ In return for such Non -Disturbance Agreement, LESSEE will execute an agreement for Lender's benefit in which LESSEE (t) confirms that the Agreement is subordinate to the Mortgage or other real property interest in savor of Lender, (2) agrees Town Coundl MlnWoa Ocrober'13. 2015 Page 81 a(2t 3 to attorn to Lender if Lender becomes the owner of the Property and (3) agrees to accept a cure by Lender of any of LESSOR'S defaults, provided such cure is completed within the deadline applicable to LESSOR. In the event LESSOR defaults in the payment and/or other pe rtonnance of any mortgage or other real property interest encumbering the Property, LESSEE, may, at its sole option and without obligation, cure or correct LESSOR'S default and upon doing so, LESSEE shall be subrogated to any and all rights, titles, liens and equities of the holders of such mortgage or other real property interest and LESSEE shall be entitled to deduct and setoff against all rents that may otherwise become due under this Agreement the sums paid by LESSEE to cure or correct such defaults. 26. RECORDING. LESSOR agrees to execute a Memorandum of this Agreement which LESSEE may record with the appropriate recording officer. The date set forth in the Memorandum of Lease is for recording purposes only and bears no reference to commencement of either the Term or rent payments. 27. DEFAULT. a. In the event there is a breach by LESSEE with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, LESSOR shall give LESSEE written notice of such breach. After receipt of such written notice, LESSEE shall have fifteen ('15) days in which tc cure any monetary breach and thirty (30) days in which to cure any non -monetary breach, provided LESSEE shall have such extended period, approved by LESSOR, as may be reasonably required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and LESSEE commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. LESSOR may not maintain any action or effect any remedies for default against LESSEE unless and until LESSEE has failed to cure the breach within the time periods provided in this Paragraph. b. In the event there is a breach by LESSOR with respect to any of the provisions of this Agreement or its obligations under it, LESSEE shall give LESSOR written notice of such breach. After receipt of such written notice, LESSOR shall have thirty (30) days in which to cure any such breach, provided LESSOR shall have such extended period as may be required beyond the thirty (3O) days if the nature of the cure Is such that It reasonably requires more than thirty (30) days and LESSOR commences the cure within the thirty (30) day periotl and thereafter continuously and diligently pursues the cure to completion. LESSEE may not maintain any action or effect any remedies for default against LESSOR unless and until LESSOR has failed to cure the breach within the t(me perods provided in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if LESSOR fails, within five (5) days after receipt of written notice of such breach, to pertorm an obligation required to be pertormed by LESSOR if the failure to pertorm such an obligation interferes with LESSE E's ability to conduct its business on the Property; to TOWS COunbil MlOuteb OdoCer 13. 2015 P9gB 62 O! 213 provided, however, that if the natu ra of LESSOR'S obligation is such that more than five (5) days after such notice is reasonably required for its pa rtorman ce, then it shall not be a default under this Agreement if pertornanca is commenced within such five (5) day period and thereafter tliligantly pursued to completion. 28. RE MEOIES. Upon a default, the non -defaulting Party may at its option (but without obligation to do so), pertorm the defaulting Party's duty or obligation on the defaulting Party's behalf, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non -defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non -defaulting Party in the exercise of any right or remedy which the non -defaulting Party may have 6y reason of such default, the non - defaulting Party may terminate the Agreement and/or pursue any remedy now or hereafter available to the non -defaulting Party under the Laws or judicial decisions of the state in which the Premises are located; provided, however, LESSOR shall use reasonable efforts to mitigate its damages in connection with a default by LESSEE. If LESSOR does not pay LESSEE the full undisputed amount within thirty (30) days of its receipt of an invoke setting forth the amount due from LESSOR, LESSEE may offset the full undisputed amount, due against all fees due and owing to LESSOR until the full undisputed amount, is fully reimbursed to LESSEE. 29. ENVIRONMENTAL. a. LESSOR shall be responsible for ali obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be {n effect, that are or were in any way related to activity that has been or is currently being now conduMetl in, on, or in any way related to the Property, except to the extent such conditions or concerns are caused by the activities of LESSEE in the Premises. LESSOR agrees to sign any necessary waste manifest associated with the removal, transportation and/or disposal of soils excavated at the Property during construction of LESSEE'S facility. b. To the eMent allowed by law, LESSOR shall hold LESSEE harmless and indemnify LESSEE From and assume all duties, responsibility and liability at LESSOR'S sole cost and expense, for all duties, responsibilities, and liability (for payment of penalties, sanctions, fo rteitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, invastigatlon or proceeding which is in any way related to: a) failure to comply with any environmontai or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or tt Town Caunc➢ Minulas Oc[obar l3, 20t5 Page 83 of 2� 3 industrial hygiene concerns or conditions as may now or at any time in the past or hereafter be in effect, except to the extant such non-compliance results from conditions or concerns caused by LESSEE; and b) any environmental or industrial hygiene conditions or concerns arising out of or in any way related to the condition of the Property or activities conducted thereon, except to the extant such environmental conditions are caused by LESSEE. 30. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to ba repaired within forty-five (45) days following same or, if the Property is damaged by flra or other casualty so that such damage may reasonably ba expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, then LESSEE may, at any time following such fire or other casualty, provided LESSOR has not completed the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon ffteen (t 5) days prior written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. Notwithstanding the foregoing, the rent shall abate during the period of repair following such fire or other casualty in proportion to the degree to which LESS EE's use of the Premises is impaired. 3'1. CONDEMNATION. In the event of any condemnation of all or any portion of the Property, this Agreement shall term inata as to the part so taken as of the data the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or Property, LESSEE, in LESSEE'S sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation may reasonably be expected to disrupt LESSEE'S operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE'S option, to be exercised in writing within fifteen (t 5) days after LESSOR shall have given LESSEE written notice of such taking (or in the absence of such notice, within fifteen (t 5) days after the condemning authority shall have taken possession) terminate this Agreement as of the data the condemning authority takes such possession. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the equipment, conduits, flMures, its relocation costs and its damages and losses (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the data originally set as the expiration date of this Agreement and the Parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement. If LESSEE does not terminate this Agreement In accordance with the foregoing, this Agreement shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced to the amount agreed upon by the Parties. In the event that this Agreement is not terminated by reason of such condemnation, LESSOR shall promptly repair any damage to the Premises caused by such condemning authority. t2 Town Coundl Minutes October l3, 20t5 Page 84 of 213 LESSOR shall 6e entitled to funds from all damages and proceeds paid as a result of the partial or whole condemnation of the LESSOR'S leasehold interest. 32. SUBMISSION OF AGREEMENT/PARTIAL INVALIDITY/AUTHORITY. The submission of this Agreement For examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement. Each of the Parties hereto warrants to the other that the person or persons executing this Agreement on behalf of such Party has the full right, power and authority to enter into and execute this Agreement on such Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Agreement. 33. APPLICABLE LAWS. During the Term, LESSOR shall malnta in the Property in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements, zoning and land use regulations, and restrictions of record, permits, building codas, and the requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws regulating hazardous substances) (collectively "Laws'j. LESSEE shall, in respect to the condition of the Premises and at LESSEE'S sole cost and expense, comply with (a) all Laws relating solely to LESSEE'S specific and unique nature of use of the Premises (other than general office use); and (b) all building codes requiring modifications to the Premises due to the improvements being made by LESSEE in the Premises. 34. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Ag reemant. Additionally, any provisions of this Agreement which require pertormance subsequent to the termination or expiration of this Agreement shall also survive such termination or expiration. 35. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement. [SIGNATURE PAGE IMMEDIATELY FOLLOWING] 13 Town Gouncll Minul¢s Odobar 13. 2ot5 Pagc 85 of 2l3 IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written. �. -� I/J �� . `µ.. _� p V ��^ l" x tness �',� . � �5 . l: J.,:. ,{ 1, .i LESSOR: TOWN OF TROPHY CLUB, A Texas Rome rule municipality By: l i v / �//.N/h4�� Print Name: L` _ tl: v. Sc.»A Title: Oate: 1 UAL, 15 LESSEE: OALLAS MTA, L.P. O/B/A VERIZON WIRELESS By: Verizon Wireless Texas, LLC, Its: General Partner By: Print Name: Aoarna Kh uriekar Title: Area Vice President Network '14 Town Council Minu[as Oclobar l3, 20t5 Pape 88 or 2t 3 Exhibit "A" A tract of land lying in and being a part of The Trophy Club Section Eight, Tract C, an Addition to the Town ofi Trophy Ctub, Denton County, Texas as recorded in Volume 75, Paga 72, Plat records of Denton County, Texas; Said tract being more particularly described as follows: Commencing at a 34 inch iron rod found for the Southeast corner of Lot 587 of the Trophy Club Section Eight Addition, as recorded in Volum¢ 75, Paga 72, Plat Records of Denton County, Texas; Thence N 54'47'04"Won the South line of said Lot 587, a distance of 38.77 feel to a point on said South line; Thence S 35'72'S6" W perpendicular to said South line, a distance of 39.77 feet to a t/2 inch iron rod with cap set for the Northwest corner, said corner being the Point of Beginning: Thence S 68"77'77" E a distance of 2D.00 feet to a Y inch iron rod with cap set for the Northeast corner; Thence S 27"42'33" W a distance of 72.00 f¢et to a 14 inch iron rod with cap set for the Southeast corner; Thane¢ N 68'77't 7" W a distance of 20.00 feet To a'h inch iron rod with cap set for the Southwest corner; Thence N 27 "42'33" E a distance of 72.00 feet to the point of Beginning, contain in9 240.00 square feet or 0.006 acres, more or less. 75 Town Council Mlnulas October'13. 20'IS Paga 89 of 2t3 Exhibit 'B" "� � \/ %/2 %R_ �� �) SE Co�nei ,'s Lot 587 Site � _ �� Lll I � _ • oX � 7A �F � - 4�j�eryJ� �tion C jH_ Ac� Bs/Uti/ity PU// Bok F`R� ` Eosement ��h� 16 Town COunCil Minu1B5 OC[Oba/ �3. 20�5 Page 8B 0! 2t3 ATTACHMENT F R¢solutian No. 2015-32 TOWu Council Minuses OClobe� t3. 2015 Page 89 of 2t3 TOWN OF TROPHY CLUB RESOLUTION NO. 2016-32 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014-17 AND APPROVING A NEW RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE TOWN OF TROPHY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN A3 EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Aprii 21, 20'14 by passage of Resolution 2014-11, the Town Council adopted an Investment Policy; and WHEREAS, by passage of this Resolution, the Town Council hereby repeals Resolution No. 2014-11 in its entirety and adopts this Resolution adopting a new Investment Policy; and WHEREAS, the Town Council has reviewed the Investmont Policy attached hereto as Exhibit A, For compliance with the Public Funds Investment Act, Texas Government Code Chapter 2256. et seq.; and WHEREAS, upon consideration, the Town Council finds and determines it to be in the best interests of the Town to adopt Exhibit "A" as the Town's Investment Policy. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: Section 1_ That Resolution No. 2014-7'I is hereby repealetl in its entirety. Section 2_ That the Town Council has reviewed the attached Investment Policy, which contains investment strategies and policies that the Council has determined to be beneficial to the Town and hereby adopts the attached Investment Policy set forth in Exhibit "A', a copy of which is attached hereto and incorporated herein in its entirety. Section 3_ That the Assistant Town Manager/CFO is hereby designated as the Town's primary investment officer to partorm the functions required by the attached policy, and the investment officer is hereby authorized to pertorm the functions required under the Investment Policy and Chapter 2256 of the Texas Government Code. Section 4. That this Resolution shall take effect immediately upon its passage and approval. Town Goundl Minutaa Ocinba, l3� 20'IS PaBa 80 or2t3 PASSED ANO APPROVED this '13th tlay of October, 20'I S_ ATTEST: ,`y Cr i,iC^ �(/t� �:. ` n� Holly Fimbr s, Tow__..,',nn 4c�( Town of rophy G"�t(�, Tex _ RES 20t 5-32 C/y %�/,�id��-- C. Nick Santlers, mayor Town of Trophy Club, Texas APPROVED TO AS FORM: ��^L1 Cam@ /l �i� � R�� Patricia A. Atlams,�own Attorney Town of Trophy Club, Texas Page 2 of 3 Town GaYn�il MinY[68 October '13, 20'I S Pa9a 91 0( 2l3 RES 2015-32 Page 3 of 3 Town Gounoil Minul9s Odobe� l3. 2015 Pag® 92 of 213 TOWN OF TROPHY CLUB INVESTMENT POLICY 1. POLICY It is iha policy of the Town of Trophy Club that after allowing far the anticipated cash flow requirements of the Town of Trophy Club and giving due consideration to the safety and risk of Investment. all available Tuntls shall ba invested in conformance with these legal and atlminiatraliva guidelines, seeking to optimize Interest earnings to the maximum extent possible. Effective cash management is recognized as essential to good fiscal management. Investment interest is source of revenue to Trophy Club funds. Trophy Club's imvestment portfolio shall be designed and managed in a manner designed to maximize Ihis revenue source. to be reaponsiva to public trust, antl to ba in compliance with legal requirements antl limitattona. Investments shall ba made with the primary objectives of: Safety and preservation of principal Maintenance of sufficient liquitlity to mast operating neatls Public trust from prutlent investment activities + Optimization of interest earnings on the portfolio 11. PURPOSE TM1e purpose of this Inves<ment policy Is to comply wiM Chapter 2256 of the Government (:otle ("Public Funds Investment Act'), which requires the Town of Trophy Club to adapt a written Inveetmanf policy regarding Mrs investment of its funds antl Tunda under Its comrol. The Investment Policy addressee tM1e ma[hotls. procedures and prac[Ices [ha[ must ba exeroised [o ensure effective antl judidous fiscal management oT TropM1y Club's funtls. 111. SGOPE This Investment Policy shall govern the in astment of all Tinandal assets of [he Town of Tmphy Club. Thasa funds are accounted for In the Town of Trophy Club's CompraM1ansiva Annual Financial Report (CAFR) antl Include: General Funtl • Spedal Revenue Funds • Capital Projects Funds • Proprietary Funds • Debt Service Funds, inclutling reserves and sinking Tuntls, to the exent not required by law or existing contract to be kept segregated and managed sepamtety • Any new Tuntl c ¢sled by fire Town of Trophy Club, unless specifically exempted from this Policy by the Town Council or by law. The Town of Trophy Club consolidates fund casM1 balances to maximize investment earnings. Investment a will ba albcatetl [o the varloua funtls based on tM1elr respective participation and in acmrtlanca with generally accepted accounting principles. This Investment Policy shall apply to all transactions Involving the financial assets and related adivity for all tM1e foregoing funtls. However. Ihis policy does not apply to the assets atlminis[eretl for the banal[ of the Town of Trophy Club by outsitle agencies under tlefemetl compensatlon programs. Town Council Minutes October l3. 2ni6 Page 93 of 2t3 IV. INVESTMENT OBJECTIVES The Town of Trophy Club shall manage and invest its cash with four primary abjeaives, listetl In order of pricrity: safety, liquidity, public Oust, and yield, axpressatl as optim¢atlon of intareai earnings. TM1e safety of the principal invested always remains the primary objec[iv¢. All investments shall be designed and managed In a manner responsive to the public Vuat and cansiat¢M with state and local law. TM1e Town of Trophy Club shall maintain a mprehensiva cash management program, wM1icM1 includes collection of accounts receivable, vendor payments In accordance with [he Town's purchasing policies, and prtadent Investment of avallebla cash. CasM1 m nagamant is tlafinad as [M1a process of managing monies in oWar to insure maximum cash avaflabllify and maximum earnings on short-term investment of idle cash. SaT¢ty rPFIA 2256.605Ib1f211 Safety of principal is the foremost objective of the investment program. Invastmanta shall be undertaken n a manner that seeks to ensur¢ the pr¢servatlon of capital in the overall portfolio. The objective will be to mitigate credit and Interest rate risk. O Credl[ Rlsk and Concentration of Cretlit Riak —The Town of Trophy Club will minimize cretllt risk, tM1e risk of loss due fo the failure of Fha issuer or backer of tM1a investment. and concantratlon of credit dsk, the risk of loss agdbuted to the magniFude oP invesiman[ In a single Issuer, by: . Limiting investments to the safes[ types of Invastmanta Pre -qualifying the flnanciel Institutions and broker/dealers wltM1 which the Town oT Trophy Club will do business . Oivaraifying lha invas[maM portfolio so that potential losses on individual Issuers will be minimized. O Interest Rate Risk — [he Town of Trophy Club will manage the dsk that the Interest earnings and tM1a market value of Investments in [ha portfolio will fall due to chan9as in 9enaral interest rates by limitlng the maximum weigM1led average maturity o4 the investm¢nt portfolio [0 365 days. Tha Town of hopM1y Club will, In addition,: Sirudure the investment portfolio so [M1at investments mature to meet cash requirem¢nts Tor ongoing operations, thereby avoiding the need to liquidate investments prior to maturity. Invest operating funds prima6ly In certiflwtes oP deposit, sM1orter-term securities, m nay market mutual Tunds, or local government investment pools func9oning as money market mutual funds. Otv reify maturities and staggering purchase Batas to minimlz¢ the Impact of market movements over time. SSE[tSriLi'1/:�3/�f3'���3f3TE311 The investment portfolio shall remain suffldently Iiqultl to meat all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so tM1at investments mature concumaM wttM1 cash needs to meat anticipated demands. Becaus¢ all possible cash demands cannot be anticipated. a portico of the portfolio will ba invested in shares oT money market mutual funds or local government Investment pools mat oRar a a -day liquidity. In additioq a portion of tM1a portfolio will consist of securities with active secondary or r¢sale markets. Town Council MinutBB October t3, 2g15 Pag® 94 a(2l3 Publle Trusf All participants In the Town of Trophy Club's Investment process shall seek tc aci responsibly as custodians of the public trust. The investment officer shall avoitl any transaction that might impair public confidence In the Town of Trophy Club's ablgry to govern effectively. Yield IOotimlzaG100 of Interest Eamfnosl IPFlA 2256.00SlbI(3)l The investment portfolio shell be tlasigned with [he objedive of attaining a market rate of return throughout budgetary and economic cycles, taking Into account the Investment risk constraints and liquidity needs. Re[um on investment is of secondary importance compared to the safety and Ifqultlity obJ¢cgves descdbetl above. V. INVESTMENT STRATEGY STATEMENTS The Town of Trophy Club portfolio will be structured to benefit from anttcipatatl market contlitions and to achieve a reasonable return. Ralagva value among asset groups shall be analyzed antl pursued as pert of the investment program wltMn the restrictions set forth by the investment policy. The Town of Trqphy Qub maintains portfolios which uttliza four specific i astmant atre[egy wnsitleratlons tlesigned to atldress the unique charactarlstics of th¢ fund groupsnrepresenfetl In the portfolios. Ooaratina Funtls Svltabillty -All Investments authorized in the Invastman[ Policy are suitable for Operating Funtls Preservation antl Safely of Prtncipal -All Investments shall be high quality securities with no p¢rceivetl tlefault risk. Liquidity -Invastman[ sha[eglas for th¢ pooletl opeating funds have es thetr primary objectiv¢ to assure that anticipated cash Flows are matched with atl¢quate investment liquidity. The tlollar-wetghtad avarege maturity of operating funds. basetl on the statetl final maturity date of each security, will be calculaietl antl Iimi[atl [o one year or less. Constant $'1 net asset value tnvascmani pools antl money market mutual Funtls shell be a integral c mponent in intaining Bally Ilquitlity. Investments for Thaw funds shall not exceed an '18-month period Trom date of pumhasa. Marketability -Securities with active antl efficient secondary markets will be purchasetl In the avert of an unanticipated cash requirement. piversiflcaflon - Maturifiea shell be staggered throughout the butlget cycle to provitle cash flows based on anticipatatl aatla. Investment risks will be reduced through tliversificaticn aman9 authorized lnveatm ants.n Yield -Tha Town's obJecttve Is to attain a mpetitNe marks[ yield for comparabl¢ securities and portfolio constraims. Tha benchmark for Operating Funds shall ba the 9t day Treasury bill. 3 TOwO COYrICfI MinutBs OetaOar 13, 2D'IS P9ga 96 Of 213 Reserve antl Deposit Funtls Suitability -All Investments authorized in the Investment Policy era suitable for Reserve and Deposl[ Funds. Preservation and Safety of Principal -All investments shall ba high quality securties with no perceived default risk. Liquitlity -Investment atretegias for reserve and deposit rands shall have as the primary objective [he abllRy to generate a dependable revenue stream tc the appropriafe reserve fund fmm investments witM1 a low degree of volatility. F�rcept as may be required by the bond ortlinance spadfic to an individual issue, investments should be of high quality, wiM short-to-iniermatliata-term maturities. Tha tlollar-weightetl average maSurity oT reserve and deposit funtls, based on the stated final matud[y data of each security. will be calculated and limited to two years or less. Marketability - Sacudtles with ac[Ive and efficient secondary markets will be purchasetl In the event of an unanticipated cash requirement. Divaraiflca9on -Maturities shall ba atag9ar¢tl throughout the budget cycle to provide cash Flows based o anticipated aeds. Investment risks will be reduced through diVersiflca[ion among authorized IO Vea[m¢O16.n Viald -Tha Tpwn's objective is to attain a competitive market yield for comparable securities antl portfolio wnstralnts. Tha benchmark for Reserve and Deposl[ Funds shall be the 91 tlay Treasury bill. Bontl and C¢KIR C Ital P 1 F d S tl Suitability -All Investments authorized in tM1a invastmeni Policy are suitable for Bontl and Certifcate Capital Project Funtls and Special Purpose Funtls. Preservation and Safety of Principal -All investments sM1all ba high quality secun[fes with na perceived tlefault risk. Liquidity -Investment Strategies for bond and cart'Ticate capital projecT funtls, special projects antl special purpose funds portfolios will have as their primary objective [o assure that anticipated cash flows a matched with adequate investment Ilquitlity. The stated final maturity dates of Invea[manls held should not exce¢d the estimated project wmpletion data or a maturity of no greater than three years. The dollary wal9Metl average maturity of bond and certiRcate capital protect funds end specal purpose funtls, based on [he stated final maturity date of each security, will ba calculatatl and limftad to two years or lass. Marketability -Securities with active and affcient secondary markets will ba purchased in Ma even[ of an unen[iclpatatl rash requirem¢nt. DlyerslRcefion -Maturities shall ba ataggerad throughout the budget cycle to provitla cash flows based on aniicipated aads. Investment risks will be reduced through tliveraiflcation among authorized investments.n Yield -Tha Town's objective is to attain a compa[kWa market yield for wmparable sacurttlas antl partfollo constraints. Tha benchmark for Bond antl Certificate Capital Project Funtls antl Special Purpose Funds shall be the 9'I day Treasury bill. A secorMary objective of Mesa funtls is to acM1iava a yield equal to or greater than the arbitrage yialtl of the applicable bond or certificate. Tawn Caundl Minuta8 OC[obef t3. 2Ot5 Page B6 or 213 DBbt Sarvlce Funds Suitability -All Investments authorized in the Investment Policy are suitable tar Debt Service Funds. Preservation and Safety of Principal -All investments shall be high quality sawrities with no parceivatl default risk. Liq ulAHy -Investment stretegiea for debt s¢rvic¢ funtla shall have as [he primary objective [he assurance of Investment liquidity atlaquata to cover the deb[ service obligagon on [ha required payment data. Sacurttias purchased shall not have a statetl final maturity date which exceeds the dab[ service payment dale. The tlollar-weightetl a rage mafud[y of deb[ service funtls, basetl on the statetl final maturity tlate of each security, will be calculatetl antl Iimltetl to one year or lass. Marketability - Sacutlties wI[M1 active end efficient secondary markets will ba purohased in Ma ¢vent of an unantidpa[etl cash requirement. Oiversiflcation - Maturtties shall be staggeretl throughout the budget cyd¢ to provide cash fbws basatl on andcipatetl needs. Investment risks will ba reduced through dlversiflcaHon among authadzetl investments. Vield -The Town's objective Is tp aHaln a compegtive market yialtl for compereble aeeuFltias and portfolio constraints. The benchmark for Oabt Sarvica Funds shall ba the 9'1 tlay Treasury tNll. Deleaatlon oT Authority !PF/A 225s.00s(t)1 In accordance with the Town of Trophy Club and [he Public Funds Investment Act, the Town Council designates the Assistant Town Manager/CFO as [ha Town oP Trophy Club's Investment Ofncar. Tha Investment Officer is authortzetl to execute investment transactions on behaH of the Town of Trophy Club antl may designate a secondary InveatmeM officer to act in his/her absence. No other parson may engage In an investment transaction or the m na9amant of the Town of Trophy Club funds except as provitlad under lha terms of [his Investment Policy. The investment authority granted to the investing officer Is effective until rescinded. StualiN antl CaoaDllld oT Invastmant Manaoamant rPF/A 225B.005/6113)1 The Town of Trophy Club shall pmvitle partotlic training in Investments for the tles19^a[etl investment officers and other investment personnel through and seminars offarotl by professional orgaNzaFions, associations, and other independent sources In ortler to Insure the quality and capability of investmem management in compliance with the Public Funds Investment Act. Trainino Raoulremant rPFIA 2266.008— Loca/ Govemmenrsl In accordance with [he Town of Trophy Club antl the Public Funds Investment Act, tlesignated Investment Officers shall aflentl an investment Veining s scion no 1¢as often than once every two years and shall receive no[ less than S hours of instruction ralatin9 to Investment raspansibilHias. A newly appoiMetl Irnestmenf Officer must attend a Veining session of at least t0 hours of instruction within twelve months of the data the officer took office ar assumetl the officer's duties. The Investment training session shall be provided by an intlapantlant source. For purposes of this policy, an 'intlapandent squroe' from which Investment training shall be obtained shall include a profasaional organization, a nstitution of higher education o any other aponaor other than a business or9a Mzation with whom the Town of Trophy Club may engage in an invastmam transaction. Town Gaunail MinY[0S October t3. 20'IS Pages a] of 2f 3 lntemal Controls !seat Practical Tha Investment Offic¢r i asponsible for establishing end m intaining an lntemal conhol structure designed to ensure that the assets of the Town of Trophy Club ere protected from loss. theft, or misuse. Tha internal control structure shall be tlasignetl tg provide reasonable assurence the[ these objectives era met. The concept of reasonable a surenca recognizes that (1) the cost of a cen[rol shoultl not exceetl the benegts likely to be tlerivetl; antl (2) the valuation of costs antl benefits requires estimates and Judgments by management Accordingly, the Investrnent Officer shall eafablish a process for annual independent r aw by a ¢xtemal auditor to assure compliance with policies and procedures. Tha internal controls shall atltlress the following points. • Control of collusion. . Separation of transacgons authority from accounting antl recertl keeping. • Cus[otliel safekeeping. • Avoidance oT physical delivery securities. • Clear delegation of authority to subortlinate stall members. . Written conftnnation for telephone (voice) hansactlons for investments and wire transfers. • Development of a wtra transfer agreement with the tleposkory bank or third party custotlian. Investment Policy CertlAca[lon rPFIA 2256_gOSfK-Al A qualifle0 representative, as dagnad by PFIA section 2256.002(t O), of all investment providers, including financial institutions, banks, money market mutual funds, antl local 9overnmeM investment pools, must sign a certification acknowledging that the organization has recefvetl and reviewetl the Town of Trophy Club's Irwes[ment policy and that r noble procedures end controls have been implemented [o preclude investment transactions that ate not authorized by the Town of Trophy Glub's policy. Prptlence rPF/A 2258.0061 The s[antlard of protlanca to be applied by the Investment Officer shall be the 'prudent investor" rules. This mle stales that "Inv¢stments shall be made with judgment and care. under circumstances than prevailing, which parsons of prutlance, discretion and in[elllgence exeroise In the management of [heir own af• Vs, not for speculation, bv[ for Investment, considering the probable safety of their capital as wall as the probable income to ba derived." In tletermining whether an Investment Officer has exerolsetl prudence with respect to en investment decision, the tletermination shall be metle taking into cansidaretion: . The Investment of all funds, or funds under the Town oT Trophy Club's con Vol, over which the oMcer hatl responsibility rather than a considarailon as to the pmtlence of a single Investment. . Whether the investment decision was cgnsis[ent with the written approved investment policy of the Town of Trophy Club. fawn Council Minutes OCbbar l9, 2p15 Pages 9a c(2t 3 maemnmaanon Tha Investment Officer, acting in ortlance with written procedures and exercising due diligence, shall no[ be held personally responsible for a specific invastment's cretllt risk or market price changes. provltled that these tleviations are reported immatllately antl the appropriate action {s taken to control adverse tlavalopm¢nts. EtIrICS antl COnnlct8 of Infar¢sf !PF/A 2256.005(lll Officers and employees Involved in the in astm¢M process shall refrain from personal business activity that would conflict with the proper execution and m nagamant of the in eatm ant program, or that would impair their ability to make impartial decisions. Employees and Investment Committee (sea Section XIII) mbere shall disclose any material interests in financial ins[itu5ona with which they conduct business. They shall furth¢r disclose any personal financiaVinvestment positions that could ba rela[etl to the partarmanca of the investment portfolio. Employees and Investment CommlKee members shall refrain from untlertaking personal Investment transactions with the same Individual with which business is consuctatl on behalf of the Town oT Trophy Club. An Investment Committee member of the Town of Trophy Club who has a personal business relationship with an organization saekin9 to sell an investment to the Town of Trophy Club shall file a statement disclosing that personal business interest An Inves[men[ Committee member who is relatetl within the second degree by afnn{ty or consanguinity [o a intlivitlual seeking to sail a ¢stment tc [h¢ Town of haphy Club shall ffie a statam ant tlisdosing that relationship. A statement requiretl under this subsection must be tiled with the Texas Ethiss Commission antl the Tawn Council. VII. SUITABLE AND AUTHORIZED INVESTMENTS The Town of Trophy Club c aptly has a "buy antl hold" portfolio strategy. Maturity tlatas a matched with cash flow requirements and investments are purchased with the intent to ba haltl until maturity. However, investments may be liquidated prier to maturity for the following reasons: . An investment wKh declining credit may be Ilquiaaletl early to minimize lose of principal. Cash flow nestle of the Town of Trophy Club require that the investment be liquldatatl. Inves[mants rPF/A 2256.005fb1(41(A)1 Trophy Club funds governed by this policy may be invested in the instruments described below, all of which are authorizes by Chapter 2255 aP the Government Code (Public Funds Investment Act). Investment of Town of Trophy Club funtla In any instrument or security not auMorizetl for in as[men[ under [ha Ac[ is prohibited. Tha Town of Trophy Club will not ba raqukad to liquidate an Investment that becomes unauthorized subsequent to Its purchase. 1. Aunrorizatl t. Obllgatlons of the United States of America. Its agendas antl Inatrumantalities. 2. Certificates of Uapoait issues by a tleposilory institution that hen Ito main office o a branch office In Texas. Th¢ certificate of deposit must ba guaranteed or insures by the Federal Deposit Insurance Corporation or its aucressor or the National Cr¢tlil Union Shares Insurance Funtl or Its successor antl secured by obligations in a manner and amount as provitlatl by law. In addition, 7 Town Ccundl Minuto® OctoOar t3. 2g15 Pages 98 oT 219 certificates of deposit obtained through a depository institution that has its main oifice or a brench office in Texas antl that contractually agrees to place the funds in federally insured depository institutions in accortlance with the conditions prescribed In Section 2268.01 D(b) of fl1e Public Funds Investment Act a authorized investments. Adtlitionally, funds investetl by the Town Mrough a broker that has a main office or branch office in Texas and is selected from a list approved by the Town as required by section 2658.025of the Public Funds Investment Ac[ or a depository Instl[ution that has a mein office or branch office in Texas antl Is selected by the Town are authorized investments if [he following conditions are mat: a. the broker or depository inaYifuhon selected by the Town a spacrtad above arranges for the deposit of the funds in certificates of deposit in on¢ or more federally Insured depository insti[u8ons, wher¢v¢r located, for tM1a account of the Town; b. the full amount of the principal and a trued Int¢rest of each of the certificates of deposit is in red by the United States or an instrumeMalily o4 the Unclad States; and c, the Town appoints a depository bank or a clearing broker registered with the Securities and Exchange Commission Rule 150-3 (1JCFR, Section 240 15c3-3) as usfodlan Tor [he Town with respect to the certtflcatea M deposit lasued for account to tM1a Town. 3. Fully co0ateralizatl direct repurchase agreements with a defined termination date securetl by obligations of the Untt¢d States or its agencies and Instrumentalities. These shall be pletlged to the Town of Trophy Club, held to [ha Town of Trophy Glub's name, and d¢posited at the time the nves[man[ is made with tM1¢ Town of Trophy Club or with a tM1ird party selected and approved by the Town of Trophy Club. Repurchase agreements must be purohasetl through a primary government securities dealaq as defined by [he Federal Reserve, o a financial institution tloing busin¢ss in Texas. A Masser Repurchase Agreement must be signed by the bank/dealer prior to Investment in a repumhasa agreement All repurchase agreement hansactlons will be on a delivery va. payment basis. Secuddes received for repuroM1ase agreements must hav¢ a market value greater than or equal l0 102 percent at the time funds era disbursed. (Sweep Accounts and/or Bontl Proceeds) 4. No-load Money Market Mutual funds that 1) a a registered and regulated by the Securttias and Exchange Commissbn and provide a prospectus antl other information required by fha Secudlias antl Exchange Act of 1934 Ct5 U.S.C. Section JBa) or the Investment Company Act of 194D (15 U.S.C. Section BOa-1), 2) have a dollar weighted average staled maturty of 90 days or lass, 3) seek fo m in[ain a net asset value of $1.00 par share, antl 4) invest in securities authorized by this investment policy. 5. Local government Investment pools, which 1) m¢at tM1e requirements of Chapter 2256.016 of the Public Funds Invea[mant Act, 2) are rated no lower Shan AAA or an equNalani rating by at least one nationally recognized rating service, and 3) are authorized by resolutbn or ordinance by the Town Council. In addition, a local government invea[mant pool created to function as a money market mutual fund must mark Its portblio to the market daily and, to the eMen[ reasonably possible, stabilize at $1.D0 net asset value. M an Investment In the Town's portfolio becomes an unauthorized investment due [o changes In the Investment Policy or the Public Funds Investment Act, or an authorized investment Is re[¢tl In a way that causes it to become a nauthorizad inveatmant the investment committee of the Town shall review the investment and determine whether it would be more prudent tc hold tM1e investment until Ite maturity, or to redeem the investment. Th¢ investment committee shall consider IM1e time remaining until maturity of Iha investment, tM1e quality of the investment, and the quality and amounts of any collateral which may be securing the investment in determining the appropriate steps to take. (PF/A 2256.02>) Addttlonally, Trophy Club is not required [o liquidate investments that were authorized at tM1a lima of purchase. (PFIA 2255.0> J) Town Caunafl Minut¢s Oebber 13, 20t5 PagO ten Of 213 11. Not Authorized IPF/A 2256.009fb)f 9-4)1 Investments Including interest -only or principal -only strips of pbligations with underlying mortgage -backed security collateral, ccllataralizatl mortgage obligatons with an inverse floating interest rate or a maturity data of over 10 years are strictly prohibited. VIII_ INVESTMENT PARAMETERS The longer iha maturity of investments. the greater their price volatility. Therefore, it is the Town of Trophy Club's policy to concentrate its in astmant portfolio in shorter -term securities In order to Ilmif principal risk caused by changes in interest rates. Tha Town of Trpphy Club attempts to match its investments with anticipetetl cash flow requirements. The Town of Trophy Club will not direGly in est in uritiea maturing m a than M1vo years from the data of purchase; howaveq the above described obligations. certlFlcates, or agreements may be collaferelizetl using longer dated investments. Because no secondary market exists Tor repurchase agreements, the m maturity shall be f20 days except In the case of a flexible repurchase agreement for bond proceeds. The maximum maturity for such en Investment shall be determined in accordance wiFh project casM1 flow projections and the requirements of [he governing bond ordinance. The composite portfolio will have a wei9Metl average mafurily oP 365 days or less. This dollar -weighted averege maturity will be calculatatl using Iha stated final maturity dates o£ each security. [PFIA 2256.005(b)(4)(C)) Dlvareificatlon IPF/A 2266.00Sfb1(3)l The Town of Trophy Club r cognizes that in estmant risks can r suit from is r defaults, market price changes o arious technical oomplicalions leading to temporary illiquidity. sRisk is managed through portfolio tllversiflcatlon that shall be achieved by the following general guidelines: . Limiting Investments to avoid overconcentration in investments from a specific issuer or business sector (excluding U.S. Treasury a uritias and cartiflcatas of deposit that era fully insured and mllaterallzetl In accordance with state and federal law), . Limiting investment in investmonts that have higher cratliq Investing in investments with varying maturitie8, and . Continuously investing a portion of the portfolio in readily evalleble funds such es local government estment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. IX. SELECTION OF BANKS AND DEALERS At least every flue years a Depository shall be selectatl through the Town of Trophy Club's banking services procurement process, which shall include a formal request for proposal (RFP). The selection of a depository will be tleterminetl by eom pe[Itive bid and evaluation oT bids will ba based on the following salacHon crttarla: Town Coundl Minul®¢ October l3. 2015 Pnga 101 of 2l3 • The ability to qualify as a deposRory for public funtls in accortlenca with state law. • The ability to provide requ¢sted information or financial statements for the perlotls spaciflad. • Tha ability to meet all requirements In the banking RFP. • Complete response [o all required itama on th¢ bltl form . Lowest na[ banking service rost, consistent with the ability to provitle an appropriate level of service. The credit worthiness aritl financial stability of the bank. A tM1 i tl 6 k /D 1 fPF/A 0251 Tha Town of Trophy Club Invastmant Committed (see Section Xltl) shall, at least annually, review, revise, antl approve a list of qualHletl broker/dealers and financial Ins[I[trtions authorized [o engage In securties transectfona with the Town of Trophy Club. Those firms that request to become qualified bidders far wriflas transac[iona will ba raquiretl tc provitle a mplatetl broker/dealer questionnaire that provides Information regarding creditworthiness, experience end reputation, and 2) a certlflcatlon stating the firm has received, read and untlaratootl the Town of Trophy Club's investment policy end agree to comply with the policy. Authorized fines may indutla primary dealers a regional tlealere that qualify gntler Securitlea & Exchange Commission Rule 15C3-1 (Uniform Nat CaplTal RUIa), end qualified depositories. All investment provltlere, including financial Insti[utiona, banks, money market mutual funds, antl local government investment pools. must sign a certification acknowledging [hat the organization has recaivatl antl reviewed [he Town of Troptry CWb's invaslmeM policy antl the[ reasonable procedures antl conVds have been implamantetl to preclude investment transactions that era not authorized by the Town of Trophy Club's polity. [PF/A 2256.005(K-Q] Comoatitive Bltla It is the policy of the Town of Trophy Glub to require a minimum of Iwo (2) quotes Tor all intlivitlual security purchases and sales except for: a) transactions with no-loatl money market mutual funds and local gov roman[ investment pools and b) treasury antl agency securities purcM1asatl at i a through an approved broker/tlealer or Flnanclal institution. Tha investment officer shall tlevelop uand maintain procedures for ensuring compebtlon In Me investment of the Town of Trophy Club's Tunds. Dallvary va_ Pavm¢nt rPF/A 22SS.00SfAIf4)lEll Sacudtiea shall be purchasatl u in9 the tleltvery vs. payment method with the exception of in ¢atment pools and mutual Tunds. Fundsswtll be released after notification that the purchasatl sewrify has been received. X_ CUSTODIAL CREDIT RISK MANAGEMENT SafaK¢¢oina and Custodial Aara¢m¢nts The Town of Trophy Club shall contract with a bank or banks for the safekeeping of securities either ownetl by the Town of Trophy Club as part oT 4ta Invastmant portfolio or held as collateal to secure tlemantl or time tlapoaits. Sawritias o Had by IDa Town of Trophy Club shall be M1eld in the Town of Trophy Club's Hama as evidenced by safekeeping receipts of the tns[Itution holtling iha securities. Collateral for deposits will be haltl by a third party cus[otltan designated by the Town of Trophy Club antl pletlgatl to the Town of Trophy Club as evidenced by safekeepinH receipts of tM1e Institution with which the collateral is tlapositatl. Original safekeeping recaipla shall be obtained. Cdlatarel may ba held by the tlaposilory bank's trust department, a Fatlaral Rasarva Bank or branch of a Federal Resarva Bank, a Fetl¢ral Homa Loan Bank, or a third party bank approved by the Town of Trophy Club. Collateral Pollcv tPFCA 2251_0231 '10 Town COun<il Minulas October t3. 20'IS page t02 of 2t 3 Consistent with the requirements of tM1e Public Funds Collateral Act, i[ is [he policy of [he Town of Trophy Club to require fWl coliateralization of all Town of Trophy Club funds on tleposit with a tlepository bank, other than investments. In prtler to anticipate markeF changes antl provide a level W security for all tuntls. the collataralizatlon level will ba t02^.6 of market value of principal antl eccruatl interest on the deposits or investments leas an amount insuretl by the FOIC. A[ bs discragon, the Town of TropM1y Club may require a higher level of colla[erelizalion for certain imestmant securities. Securities platlged as wllateral shall be held by an Intlapandanf third party with whom the Town of Trophy Club has a an[ custodtel agreement. The Invastmant OHlcer Is responsible for entering into collaterelizatlon agreements with thirtl party custodians In compliance with Chia Policy. The agreements are to specify the acceptable investment securities for collateral, inclutling provisions relating to possession of the collateral, the substitution or release of investment securities, ownership of securities, and the method of valuation of securities. A clearly marked ¢vitlence of ownership (safekeeping receipt) must be supplletl to the Town of Trophy Club and retainetl. Collateral shall be reviewed at leas[ monthly to assure that the market value of the pletlgetl securities is adequate. couataral oagnaa The Town of Trophy Club shall accept only the following types of collaferaP Obligatlona of the Unit¢tl States or its agencies antl instrumantaliHas Olrect obllgaflons of [ha state of Texas or Its agencies antl instrumentalities Collateralized mortgage obiigaticns directly issuetl by a faderel agency or Instrumentality oT the Unitatl States, the underlying security for which is 9uaren[aetl by an agency or instrumentality of the Un2etl States Obli9atlons W states, agencies, couMles. cltles, antl other political svbtllvlsbns of any state retetl as to Investment quality by a nationally reoognizetl rating firm not leas than A or tts equivalent with a remaining maturity often (to) years or lass A s rety bond issued by an insurance company ratetl as to Invastmant quality by a nationally recognizetl rating fkm not less than A A letter of credit issued [o [he Town of Trophy Club by the Fetlerel Home Loen Bank Subiac[ to Autlif All collateral shall be subject tc inspection antl autlit by [ha Inveatman[ OtFcer or his/her designee. Inclutling the Town of Trophy Club's Intl pendent autli[ors. XI. PERFORMANCE Qesformanca 3tandarda Tha Town of Trophy CWb's Investment poMollo will ba m nagatl in accordance with [h¢ parameters apecKetl within this policy. The portfolio shall be designed with tM1e objective of obfalnin9 a rate of return through budgetary antl awnomic cycles. commensurate with the investment risk constraints and the cash flow requirements of me Town U Trophy Club. Parforrnance Benchmark It is the policy of [he Town of Trophy Club to purchase investments with maturity tlatea coinciding with cash flow neetls. Through this strategy, the Town of Trophy Club shell seek to optimize Interest earnings utilizing allowable Investments available on the market at that lima. Market value will b¢ caleulatetl on a quarterly basis on all securities ownetl and compared to currant book value. Tha Town of Trophy Club's portfolio shall be designed with the objective of regularly meeting or exceetling the average rate of return �� Town Caundl Mlnuta9 Ocrobar t 3, let 5 Pega 1 e3 Or 213 an U.S. Treasury Bills at a maturity level comparable to the Town of Trophy Club's weighted average maturity in days. XII. REPORTING (PFlA 2256.029) Methods Tha Investment Officer shall prepare an i as[ment report c a quarterly basis iha[ summarizes Iny¢stmant strategies amployetl in the mostV recent quarter and describes the portfolio in terms of inv¢s[meM securities, maturitlea, and shall explain the total Investment return for the quarter. The quarterly investment report shall inclutle a mary statement of investment activity preparetl In compliance whit generally accepted accounting principles. This summary will ba prepared In a manner that will allow the Town of Trophy Club to ascartatn whether investment activities tlurtng the reporting period have conformed [o the Investment Policy. The report will ba provided to the Town Council. The report will Includ¢ the following: • A listing of individual securities held at the end o4 [ha reporting Period. • Unrealized gains or losses resulting Trom appracla[lon or dapracia[ion by listing [he beginning and ending book and market value of secutltles for the period. • Atlditions and changes to [he market veiva during Ne period. • Average weigh[atl yi¢Itl [o maturity of portfglio as compared to applicable benchmark. • Listing oT investments by maturky sate. • Fully accrued interest for the r¢porting period • The percentage of the total portfolio [hat each type of investment represents. • S[a[¢ment of compliance of the Town of Trophy Club's investm¢n[ portfolio with state law and the invastmant shategy and polity approved by tM1a Town Council. An independent autlitor will perform a formal annual review of the quarterly reports with the results reported to the governing body [PF/A 2256.023(rn]. Monitort a M k V fPF/A 22 6 0 5f 1f 1(011 Market value of all securities in iha portfolio will ba tleterminatl on a quarterly basis. Thas¢ values will be obtained from a reputable and indepentlen[ source and tllsdosetl to th¢ governing body quarterly In a written report. XIII. INVESTMENT COMMITTEE Members An Investment Committee, consisting of Ma Town Manager, tM1e Investment Officer, and the Secontlary InvesbnenF Officer, shall review the Town's Investment strategies antl monHor th¢ r salts of the invastmant progrem at least quarterly. TFis review can ba tlona by reviewing the quarterly written reports and by holding m m(ilee meetings as necessary. The committee will ba atrthorized [o inNte otM1er ativlsors to attend meetings as needed. The Investment Committoa shall Include in its tlaliberetlons sucM1 topics as economic outlook, investment slrat¢gies, portfolio diversification. maturity structure, potential risk to the Town's (ands, evaluation and t2 Town Council Mlnuta9 OCLO6er 13, 2nt5 p¢ga t09 M2t3 authorization of broKar/tlealars, rate of return on the investment portfolio, and review of compliance witti the investment policy. Tha ImestmeM Committee will also ativise the Town Council of any future amendments to the investment polity that are tleemed necessary or recommandetl. P rocadures The investment policy shall require the Investment Committee to provitle minutes of investment Information tliscussed at any meetings held. The cpmm(ttee shall meat at leas[ annually to discuss the Investment program and policy. XIV. INVESTMENT POLICY ADOPTION [PF/A 2268.006(¢)] The Town of Trophy Club's Investment policy shall b¢ atloptetl by resolution o1 the Town Council. It is the Town of Trophy Club's intent to comply with state laws and regulations. The Town of Trophy Club's 'nvestmant policy shall ba subject to revisions conais[ent with changing laws, regulations, and neetla of the Town of Trophy Club. Tha Town Council shall atlopt a resolution stating the[ I[ has revfewetl the policy antl investment strategies not less than annually, approving any changes or motliflcations. 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V �C Y W d •S. 0 ATTACHMENT H OTD Economic Development Agreement Town Counoll Mlnutas OClobe� t3, 20t5 PeBe �20 0(213 ECONOMIC DEVELOPMENT AGREEMENT TFIIS ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") For a Public - Private Partnership is entered into by and between the Town oFTrophy Club. Texas, a home rule municipality (hercin¢fter "Town"), Tax Increment Reinvestment Zone Number One (hereinafter •'TIRZ #f), Trophy Club Economic Development Corporation 46 (hereinafter ^EDC"), OTD TC2. LLQ and OTD TC, LLQ a Texas limited liability company (OTD TC and OTD TC2 collectively reFerred to hereinafter as ^the Developer'"), and all entities collectively referred to es Ponies in [his Agreement ("Parties"). WITNESS ET H: WHEREAS, the Tuwn oFTrophy Club is a home rule municipal corporation; and WIiEREAS, pursuant to Chapter 380 ol'the Texas Local Government Coda (hereinafter referred to ¢s ^EDC Ac["), on May 4, 1996, the Town created Economic Development Corporation 4B For the purpose of making economic developmem incentives and grants (hereinafter referred to as "EDC"); and WHEREAS, pursuant [o Chapter 311 of the Texas Tax Coda (hereinafter •'TIRZ Aci"). the Town created Reinvestment Zone No. 1, Town of Trophy Club, Texas (hereinafter "TIRZ") which is a tax increment Fund for a designated zone within the Town, and WHEREAS, Developer is the owner of an approximate 3.88 acre tract of land generally located in the Trophy Wood Plaza project comprised of Tmct 1, Lots 1 and 2, and Tmct 2 Lot 2R2 and zoned as part of Planned Development. PD No. 25, more particularly described on Attachment •`A", a copy of which is attached hereto and incorporated herein (hereinafter the "Property'). and Developer desires [o develop its Property; and WHEREAS, the Property is located within [he boundaries of Tax Increment Reinvestment Zone Number One; and WHEREAS, Developer desires [o enter into this Agreement with Town, EDC and TIRZ in order to develop its property: and WHEREAS, in order to mainCain and/or enhance the commercial economic and employment base of the Town of Trophy Club end the surrounding region For the long-term interest and beueflt of the Town, in accordance with the EDC Act and TIRZ Act, [he Town, EDC, and TIRZ # l desire to enter into this Agreement to provide the terms of apublic-private partnership between the Ponies providing certain incentives for the development of the property in accordance with the standards set forth herein; and Town Cwncit MiOYtea OctObef l3. 2nt5 Page t2t of 2l3 WHEREAS, olt the 24"' day of March 2014, after negotiations with the Developer, the Town Council of the Town, the Board of Directors for EDC, and the Board of Directors For T1R2 approved a Tcrm Sheet with Developer pursuant to applicable state law, outlining details of the proposed development and obligations of al l Parties thereto; and WHEREAS, by egreemrnt of the Parties, [he "Perm Shem was amended on November 25, 2014 and February 20, 2015, with payment obligations by EDC commencing on Januazy 22, aols;ana WHEREAS, pursuant to the C-DC Act, the TIRZ Act, Ch¢pter 380 of fife Texas Local Government Code and other Icgal authority, the Town, EDC, and TIRZ desire to provide incentives to the Developer to develop the Property in accordance with this as more specifically set forth herein; WHEREAS, the Developer agrees to develop the Property in a manner consistent with an approved development plan vs described in Attach meet "B", attached hereto and made a part hereof, or esamended in eccoMance with all provisions oEthe Town; WHEREAS, the l'own, EDQ and TIRZ find that the admin istmtion of an economic development agreement to provide incentives to the Developer, in return for developing the Property would promote local economic development and stimulate business and commercial activity within the Town and would directly establish a public purpose, and; WHEREAS, the Town, EDC, and 1'IRZ has determined that this Agreement contains sufficient controls to ensure the[ the above -mentioned public purposes arc carried oul in all transactions involving the use of public funds and resources in the establishment and administration of the Agreement: NOW. THEREFORE, in consideration of the foregoing, and on the terms and conditions hereinafter set forth, [hc Parties de mutually agree as follows: ARTICLE I TERM LI This Agreement shall be effective on the date the[ this Agreement is executed by all Patties ("Effective Dace") and shall continue until January 22, 2035 or until all obligations hereunder have been met, whichever occurs First (the "Term") oq unless sooner terminated as provided herein. ARTICLE Il DEFINITIONS 2.1 Wherever used in this Agreement, the following terms shall have the meanings ascribed to [hem: "Agreemeat" has the meaning sot forth in the introductory paragraph of [his Agreement. ECONOMIC DEVELOPMENT AGREEMENT Pagc2 Town Counafl MiOutBB Octabar t9. 2(n6 page 122 Of 213 ••Town" has the meaning set forth in the introductory paragraph o£ [his Agreemenl "Coostruetlon Costs" means the costs of all construction, including but not limited te, held construction, construction equipment charges, the costs of constmetion materials and the delivery thereof, contractor fees, surveying and engineering costs and fees, insurance, bonding, Fees For required bonds, or Town Fees, including but nol limited to inspection fees, impact fees and park development Fees, related to the development of the Improvements and any parkin$, landscaping and lighting related to same. "Developer^ has the manning set foth in the introductory paragraph of this Agreement `•EfFective Date" means the date established in Article I oFthis Agreement. •'Force Majeu re" shall mean any contingency or cause beyond the reasonable control of Developer, including without limitation, acts of God or the public enemy, war, riot, terrorism. civil commotion, insurrection, governmental or de Facto governmental action including, but no[ limited to, government actions pertaining ro the determination of ❑ood zones or FEMA actions (unless caused by acts or otn fissions of Developer), tire, explosion or flood, and strikes. ••Payments" means monetary payments made to the 'town by the Developer for the Purchase Prices of the Property. •'Properly Improvcmcnt(s)" shall mean, al minimum, two (2) new restattran[s including all ancillary improvements such as required parking and landscaping, more fully described in Attachment ••B". "Property" shall mean the 3.88 acres generally located at Trophy Wood Drive and Highway 114, as described in Attachaacnt "A^ and described by metes and bounds, lot and block or abstract and survey attached hereto, and made a part hereof, and the improvements located or to be located thereon_ `•Public Improvements" shall mean the public streets, public infrastructure (including, but not limited to, all curb and gutter, concrete parking, site lighting, landscaping, public utilities. permit fees, sidewalks, site preparation, and engineering) end related public facilities to be constructed on or benefiting the Property and all costs associated therewith. `•Purchase !'rice" shall have the meaning set forth in Article [V of this Agreemenl. "Sales And Vse Tax^ means all of the sales and use tax imposed by [he Town pursuant to Chapter 321 of the Texas Tax Code, a amended, antl any other applicable law, on [he sale of Taxable Items consummated on the Property. "Sales Tax Receipts" means 100% of the Town's annual receipts from the State of Texas from the collection of Sales and Use Tax From [he Property as a result of the sale aF Taxable Items on the Property. ECONOMIC DEVELOPMENT ACREEMENI" Paga3 Tawn CounGl Minutes Oclobar l3. 2015 Pages l23 of 219 •`Su bstuntiaf Completion" means with regard to the Public Improvements, the date the "Fown issues u Letter of Acceptance For the public Improvements. "Tex Certificate" (^Cerifica[e") means a certificate or other statement in a form reasonably acceptable to the Town setting forth the collection of Sales and Use Tax and Property 'Fax received by the Town, For Property Tax and the sale of Taxable Items on Ute Property consummated on the Property for the applicable period which are to be used to determine the Sales Tax Receipts, together with such supporting documentation as the Town may reasonably request. "Taxable Items^ shall have the same meaning assigned by Chapter 151. l'EX. TAX CODE A1YN., as amended. ARTICLE 111 GENERAL PROVISIONS 3.1 As soon as practical after the Effective Da[e of this Agreement, [he Developer shall commence construction of the Property Improvements on the Property in accordance with the Town aPProved plans and in substantial conformance with [he Concept Plan, a copy of which is attached hereto end incorporated herein as Exhibit "B". 3.1.1 The Developer has purchased dte Property, as described in Exhibit A, for $1,064.278.25. The Developer shall submit or cause to be submitted to the Town £or its review and approval final plans for the design of the Property Improvements in accordance with all Town ord inanccs and regulations. Property Improvements shall include [he construction of, at minimum, two (2) high quality restaurants and associated improvements as shown on Exhibit "B" and further approved final site plan and construction plans on the Properly. 3.12 The total investment on the Property, including any of Developer's loans on the Property, constarction of improvements and Public Improvements, and tenant improvements, or, al[erna[ively, the appraised value o£ the- Property following [he improvements described herein, shall be approximately Twc Million Five Hundred Thousand and 00/100 Dollars ($2,500,000). 3.2 Within twenty -Four (24) months after January 22, 20I5, Developer shall have obtained two (2) executed restaurant leases for two <Z) restaurants located on the Property, and each lease shall have a ten (IO) year minimum initial term. Additionally, within thirty-six (36) months From January 22, 2015, Developer shall also obtain two (2) Certificates of Occupancy for two (2) restaurants on the Property. 3.2.1 in [hc event of Force Majeure oq if in the re Doable opinion of the Town, EDC and TIRZ, [he Developer has made substantial progress toward completion of construction, renovation and installation of the Property Improvements and Public Improvements, additional time may be granted to Developer by the Town, EDC and TIRZ as may be required tc reasonably allow Developer to comply with its obligations under this Agreement Developer may request additional time for compliance of its obligations hereunder ro Town, EDC, and TIRZ, based upon good cause, for an event of Force Majeure or other causes of delay as ECONOMIC DEVELOPMENT AGREEMENT Pvgc .1 Town Cuundl Minot¢¢ Odabe, 13. 20t5 Pag¢ 129 of 2t3 determined acceptable by Town, EDC and T1R% in the reasonable discretion of Town, EDC, and TIRZ. 3.2.2 Developer shall use best efforts to provide two (2) separate restaurant quarterly gross sales reports to [he Town within thirty (30) days following the end of each quarter, iF Developer is able [o obtain reports From tenants. This obligation shall end upon the date of termination of this Agreement. ARTICLE IV ECONOMJC DEVELOPMENT INCG NTIVES —EDC Obligations 4.1 EDC Obiigationst Pursuant [o a Chapter 380 sales tax reimbursement agreement with Developer, HDC shall designate a portion of its annual budget to pay Developer's Lender a mtal amount not to exceed $1,064,278.25 (Purchase Price excluding interest) upon Developer's compliance with all conditions set forth in this section. EDC shall make such payments in accordance with subsection (a) of this Section and shall have the rights and remedies set Forth below, and ail payments shall be contingent upon Developer's compliance with each of the following conditions: a. Payment Terms by EDC and Certificate of Owupancy Deadline. EDC shall pay Developer's Lander monthly payments in the amomtt of $I t,731.08, for a period of twenty-four (24) months, which payment by EDC commenced on January 22, 20I5 pursuant to the terms of [he Lener Agreement between the EDC and the Developer dated February 19, 2015, with a total payment by EDC not to exceed $140,773 annually to Developer's Lender, which amount is [he equivalent of princip¢I and interest due by Developer For ahe Property purchased (the "Land Repayment'). If at the end of the twenty-four (24) month period, such date being January 22, 2017, Developer has failed to obtain lwo (2) executed leases for two (2) restaurants, then EDC's Land Repayment obligations thereafter shall terminate, and EDC shall have the rights set forth in Section 4.1(b) (below). unless the parries agree to an extension of time as expressly authorized by this Agreement. Furtheq if Developer fails to obtain two (2) Certificates of Occupancy f"or each of the two (2) separate restaurant sites within the thirty-six (36) months after the Frst Land Repayment (January 22, 2018), then all Further Land Repayment obligations of EDC hereunder shall terminate, unless the parties agree to an extension as expressly authorized by this Agreement, attd EDC shall have the rights set Forth in Sections 4.b and 4.f [below). If at the end of the initial twenty -Four (24) month period, ending on January 22, 2017, Developer has complied with its obligations under Utis Section, EDC shall continue to make Land Repayments through the end of the thirty-six (36) month period ending on January 22, 2018_ ]f at the end of the thirty-six (36) month period, Developer has complied with all obligations, EDC shall continue making Land Repayments in the amount of$11.731.08 with a total payment by EDC not to exceed $140,773 annually to the Developer's Londer pursuant [o [he Developer Agreement for a period of seven (7) addiaional years, ending January 22, 2025. or ECONOM[C OEV ELOPMENT AGREEMENT" Page 5 Tovm Cauncl M�nutae October t3. 2aib Pega t25 oT 2t3 upon the date that Developer's debt is paid in full, whichever occurs firs[. ll' EDC has exeroised its right [a purchase the Property pursuant to Section 4.l(b) (below), then EDC shall continue making Land Repayments to Developer's Lender on its own .behalf and Developer shall no[ be a party or beneficiary thereof, but shall comply with all of its obligations :ts set forth under Section 4.6 (below). Notwithstanding the foregoing, such Lend Repayment shall not exceed $140.773.00 each year in wltick it is due, and debt service due on any bonds issued shall be paid by EDC prior to any payments [o Developer due pursuant to this Agreement. b. EDC/Tawn's Right to Parchas¢/Fiwneing Agrcements/Mandatory Transfer of Property. "fhe right of EDC and/or'fown to purchase or require tmnsfcr of the Property by Developer shall be available et the end of the twenty four (2A) month period, January 22, 2017, and again a[ the end of the thirty-six (3G) month period, January 22, 207 g, if Developer fails to comply with the requirements of Section 3.2 (above) related to such time periods. The Town and EDC's election to purchase the Property as permitted by this Section 4.1 (b) shall be exercisable in its sole discretion within one hundred twenty (I20) days of the passage of the twenty four (24) and/or thirty-six (36) month periods (the "Option Periods"), after which Option Periods the Town and EDC waive their right to elect to purchase [he Property. Developeq Town, and EDC shall structure the bank financing agreements) for the Property such that Town and/or EDC has the right to step into Developer's shots as the purchaser of the Property and/or Developer is required to transfer title to the Property to the EDC and/or Town if OTD has failed to comply with its obligations under Section 3.2 (about). All payments associated with such purchase made by EDC to Developer shall be paid directly [o Developer's Lender For satisfaction of DevelopePs loan to purchase the Property. Developer agrees that upon request by Town and/or EDC, following Developer's failure to comply with its obligations under Section 3.2 of this Agreement, Developer shall within F: Reen (IS) days of written notice of default and demand by Town and/or EDC, execute ail necessary documents and take all actions necessary to transfer all rights and interest to [hc Property, all Property Improvements, Public improvements and all improvements of any kind to the Property, to Town and/or EDC. Developer's failure to timely comply with any requirement of this section shall be a default. c. Prepayment by EDC. The EDC has [he right to pay the total principal amount to Developer's Lender at any time during the Agreement term without penalty, as well as to make additional principal payments without penally. d. Discretionary Sale by OTD. Th¢ Town and/or EDC shall have the Right of First Refusal to purchase the Property if Developer desires to sell the Property with or without Public Improvements or Property Improvements at any time during the Right of First Refusal Term (defined below). The right of Town and/or EDC under [his section shall remain in etTect until such tune as two (2) separate restaurants on the Property have each received a Certificate of Occupancy and ECONOMfC DEVELOPMENT AGREEMEN"r Peg¢ 6 Town CaunGl Mlnu[as Ocbba� l3. 2(n5 Peaa t26 of 2t3 Developer complies with all of its obligations under Section 3.2 end Section A.1(n) of lh is Agreement (above), at which time the Town's end EDC's right of First Refusal shall terminate and be of no further force and effect (^Right of First Refusal Term"). If at any time during the Right of Pirst Refusal Term Developer desires to sell the Property, Developer shall first advise Town, EDC, and TIIiZ in writing by providing the name of the potential purchaser of [he Property. Town, EDC and T[RZ shell have the right to reasonably approve any and ell fttture purchosere of the Property during the term of this Agreement Upon approval by Town, EDC and TIRZ of the proposed purchaser of the Property, this Agreemem shall be fully transferrable to the approved purchaser. Town, EDC and TIRZ approval shall not be unreasonably withheld or delayed. e. Lion Status. The EDC shall hold third (3i°) lien staWs and, any such lien status of EDC shell be subordinate to Developer's Ixnder's position on all phases of development. Such EDC lien shall asist until all required milestones as set Forth in Section 4.l <a) (above) and in this Agreement have been met by Developer, at which point it shall terminate and cease to ba of any force or effecq and the CDC shall issue and file all documents necessary to terminate and remove such lien. Notwithstanding the foregoing, EDC's lien sates shall only be subordinate to Developer's Lender's lien(s). f. Terminatiao of Agreement. In addition to the rights and remedies provided to Town and EDC pursuant to Section 4.1 (a) and 4.l (b) above Yor the failure of Developer [p comply with the requirements of those Sections. this Agreement shall terminate, unless the parties agree to an extension of time, with no Further obligation or payment of any kind by Town or EDC. to Developer's Lenoer, if as of January 22, 2017,. [he expiration of twenty-four C24) months from January 22. 2015, Developer has Failed to provide two (2) separate executed restaurent leases. and iE as of January 22, 201 g, ehe expiration of thirty-six (3� months from January 22, 2015, Developer has failed to timely comply with every term of this Agreement, or Developer has Failed to obtain at least two (2) CertiFica[es of Occupancy For two (2) separate restaurant sites by January 22. 2018, in which event the provisions set forth in Section 4.1 (b) (above) shall take e� et. However, if Developtt complies with Sectians.4.1 (a), 4.7 (b), 4. L(c), .and 4.1 (d) (above), the EDC obligation [o Developer shall terminate on January 22, 2025 or the dale of payment in Full of the Purchase by EDC and/or Town, whichever occurs First. Tovvn's rights pursuant to Section 4.l Cc) (above) shall not be effected by this scctien. g. Dissolution ar Bankruptcy of UevMoper. If Developer -ceases to axis[ or files for bankruptcy during the Terre of this Agmcmenq EDC shall be excused from making any Future payments [o Developer's Lander, and all agreements shall terminate pursuant [o their terms. Notwithstanding the Foregoing, Town's rights pursuant to Section 4.1(b) (above) shall survive termination of this Agreement. ECONOMIC pEV ELOPMENT AGREEM ENI" Page "I Town Council Minutrra October l3. 2015 P»ae l27 of 213 ARTICLE V TIRZ OBLIGATIONS 5.1 TIRZ Funding. a. TI12Z Aeimbursemanq Term and Public [mprovements. —Developer shall be eligible for payment in an amount up to $1,000,000 in reimbursement for amounts spent by Developer For eligible Public Improvements plus all interest which Developer must pay to a third parry accumulated on the casts associated with such Public Improvements ("TIRL Reimbursement'•). Developer shall submit to Town proposed Public Improvements for which it seeks approval with appropriate bid and invoice documentation. Town must approve proposed Public Improvements as eligible for reimbursement by TIRZ prior to such expense being reimbursable to Developer. Town's determination shall be in the reasonable discretion of Town: such Town approval shell not be unreasonably withheld or delayed. Additionally, Developer shall wmply with ell applicable 'town development regulations as a condition precedent to receipt of TIRZ Reimbursement. Beginning thirty days after the date ol'submission of [he first invoice for TIRZ Reimbursement for an eligible Public Improvement, TIRZ shall pay to Developer [he TIRZ Reimbursement payable to Developer at a race of sixty percent (60"0) of total incremental revenue generated from the entire TII2L Eor twenty (20) years. or until such time as a Innximum amount of $1,000,000 is paid to Developer in TIRZ Reimbursements, whichever occurs Rrst. As long as there are sufficient funds available [o pay the TIRZ Reimbursements, such payments shall be made monthly. Notwithstanding the foregoing, if at the time of l'own's approval of Developer's rcim burnable expense(s), 'TIRZ has not generated svfPcient funds [o pay Developer the full amount of the TIRZ Reimbursement, TIRZ shall be entitled to defer payment o£ [he TIRZ Reimbursement, without interest, to Developer until such time as TIRZ has sufficient Funds to provide Developer with [he TIRZ Reimbvrsemenq and such ¢deferment shall result in an extension of the 20 year Term of this Agreement or until such time as all TIRZ Reimbursements are paid to Developer. b. TIRZ First Priority. Developer shall have '•First priority" of payment of the T[IiZ Reimbursements payable pursuant to Section 5.1 (n); provided however that if Developer Fails to comply with its obligations under this Agreement or is in nny manner in default of one or more of its obligations under this Agreement, TIRZ may in its reasonable dixretion revoke Developer's Frst priority status upon ten (l0) days prior written notice ro Developer. Within thirty days (30) of dart of Developer's cure of such Failure, Developer's "first priority" status shall be rcmstated. ECONOMIC nEV ELOPM ENT AGREEMENT Pxge 8 Town Cmntll Minutes October t3� 2nt5 page t20 of 213 5 � TIRZ Payment. a. Lump Sum Payment. Upon issuance of the first building permit for Bread Winners and Quarter Bar, the Town shall pay to Developer $400,000 as part of [he total $1,000.000 TIRZ Reimbursement T[RZ shall repay [he 'Town $400,000 from Forty percent (40%) of the total increment revenue generated by the T[RZ, including interest if desired by the Town. The "town shall have `•first priority" of revenue and payment at a percentage rate not [o exceed foray percent (40^/a) of total incremental revenue generated Crom the entire TIRZ. b. Performance Payment Reduction of Re{mbursable Expenses. During years six through twenty (6-20) aRer the date of the execution aF this Agreemen4 if a restaurant on lhu Properly is continuously vacont Fora period of twelve (12) months plus one (I) day, and Developer also is not in possession oG (1) a Letter Of Intent; or (2) a Building Perm i[: or (]) a Certificate of Occupancy, then the TIRZ Reimbursements shall be reduced by the total proportional contribution w [he TIRZ of the form of ad valorem and sales lax generated by the vacant restaurant's highest incremental value generated. Per example, if the Fortner restaurant generated $10,000 to the TlR2 and the total TIRZ payment due to Developer was $20,000, then the $20,000 payment would be retluced by $IQO00 until one or a combination of the foregoing events (U through (3) occurs 1'or a new restaurant upon [he Properly, at which time the T[RZ Reimbursements shall continue to be payable in full. ARTICLE VI TERMINAT[ON 6.1 Termination of Developer Agreement. This Agreement sha0 terminate with no further payment of any kind by TIRZ to Developer iF Developer has Failed to timely comply with every tens of this Agreement, and such failure has not been cured by January 22, 201$ or such later date as agreed to by the EDC. Notwithstanding the foregoing, EDC's rights pursuant [o Section 4.1 (b) (above) shall survivetermination of this Agreement. 6.2 Dissolution or Bankruptcy of Developer. If Developer ceases to exist or files for bankntp[cy during the Term, TIAZ shall be excused Erom making any future payments to Developeq and [his Agreement shall [emtinate. Notwithstanding the foregoing, Town's rights pursuant to Section 4. I (b) (above) shall survive termination of this Agreement. 6.3 Default. In addition to the other events of default set Forth in this Agreement, ibis Agrccment may be terminated upon any one or mom o£ the following: 1. By written agreement signed by both parties: 2_ Gxpiration of the Term or ftdfillment of all obligations as outlined in this Agrecmmq ECONOM[C pEVELOPMENT AGREEM ENI' Pvgc 9 Town Councl Mlnutas Cctoba� 13. 2015 Paga 129 of 213 3. By the non -breaching Party in the event the other Party breaches any of the terms or conditions of [his Agreement and such breach is not cured within sixty (60) days after written notice thereof [o the breaching Pony; 4. By Town, if Developer sul7ers an Even[ of Bankruptcy or dissolution; and 5. By Town, iF any taxes, assessments or payments owed to [he Town or the State cE "texas by Developer shall become delinyueltt ¢nd not cured within sixty (60) days after written notice thereof if Developer is not then protesting or contesting any such nixes or assessments, in which event Developer shall not be in default due to mm�- payment of the proaested taxes. AIiTICL1: VII MISCELLAN1iOD5 7.1 Successors and Assigns. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. Except as expressly provided otherwise herein, this Agreement cannot be assigned by the Developer unless writtmt permission is firs[ granted by the Town, which consent shall not be unreasonably withheld, so long as the Developer's assignee agrees to be bound by all terms and conditions of this Agreement- Any patty who obtains such consent shall hereafter be reFemed to as a '•permitted assignee". It is understood and agreed between the parties that the Developer, in performing its obligations thereunder, is acting independently, and neither the Town, EDC and/or TIRZ assumes any esponsibility or liabilities in connection therewith to third parries; it is further understood and agreed between the parties chat the Town. EDC and/or TIRZ, in performing its obligations hereunder, is acting independently, and the Developer assumes no responsibilities in connection therewith to third parties- Notwithstanding Che preceding provisions of this Section 7.1, the TOWN, EDC and TIRZ each consent to Developer's Lender as a permitted assignee hereunder. 7.2 Notices- Notices required to be given to any party to [his Agreement shall be given personally or by certified mail, return receipt requested, postage prepaid, addressed to the party at its address ns set forth below, and. if given by mail, shall be deemed delivered three (3) days after Hte date deposited in the United States' mail: For Town by notice to Town of Trophy Club Attn: Stephen Seidel 100 Municipal Drive Trophy Club. TX 76262 For Developer by notice to: OTD TC. LLC Attn: Chris Gordon 2241 Veranda Avenue ECONOMIC OEVELOPM ENT -AGREEMENT' Page 10 Town Council Mlnule¢ Oetabaa 13. 201s Paaa l30 of 2'13 'trophy Club, Texas 76262 W ilh a copy to: The Law Ofnces of David '1'. Denney. P.C. A/tn: David Denney 8350 N. Central Expwy., Suile 925 Dallas. Texas 75206 Any party may change [he adtlress to which notices are to be sent by giving the other parties written notice in the manner provided in [his paragraph. 7.3 No Waiver. No claim or right arising out of a breach of this Agreement can be discharged in whole or in pert by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consider¢tion and is in writing signed by the ¢ggrieved. 7.4 Amendment. This Agreement may be modified or rescinded only by a writing signed by both of the parties or their duly authorized agents. ZS Vanua. Exclusive venue For any litigation arising Erom this Agreement shell lie in Denton County, Texas. 7.6 lndem nity. Developer agmes to defend, indemnify and hold Town, EDC and/or TIRZ, its officers, agents end employees, harmless against any and all claims. lawsuits, judgments, costs and expenses £or personal injury (including death), property damage or other harm Tor which recovery of damages is sought, suffered by any person or persons, that may arise out oT or be occasioned by Compaays breach of [his Agrcemmt or by any negligent or strictly liable act or omission of Company, its officers, agents, employers or subcontractors, in the performance of this Agreement. The provisions oT this paragraph a solely [or the benefit of the parties hereto and not intendM [o create or grant any rights, contractual or otherwise, to any other parson or entity. Thu paragraph shall survive the termination of this Agreement. 7.7 Entire Agreement This Agreement embodies the completes agreement of the Parties hereto superseding all oral or written previous and contemporary agreements between the Parties relating [o matters herein end, except as otherwise provided herein, cannot be modlPied without written ¢grcernent oFall Parties. 7.8 Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which in the aggregate shall conatiin[e one agreament. 7.9 Severability_ if any provision contained in this Agrcemertt is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unanforeeability shall not affect any other provision hereof. In lieu of each invalid, illegal or unenforceable provision [hero ECONOMSC DEVELOPMENT .\GREEMErvI' Pa R� 11 Town Council Minut¢a Oc[olaar 13� 2015 Peg¢ tat a12t3 shall be added a new provision by agreement of the parties as similar in terms to such. invalid, illegal or unenforceable provision as may be possible and yet be valid, legal and enforceable. 7.10 Context. Whenever [he context requires, all words herein shall be deemed [o include [he male, female, and neuter gendeq sing[dar words shall include the plural, and vice versa. 7.11 No Third Party Bene£ciary: Except as odterwise expressly provided For herein, for purposes of this Agreement, including its intended operation and eftecq the parties specifically agree and Agreement that (I) the Agreement only affects matters/disputes between the parties to this Agreement, and is in no wuy intended by the parties to benefit or otherwise effect airy third person or entity, nolwithslanding the Fact that such third person or entities may be in a contractual relationship with TOWN. EDC, TIRZ or Developeq collectively or individually; and (2) [he ternts of this Agreement ere not intended to release, either by contract or operation of law, any third person or ertlity from obligations owinS by them to either TOWN, EDC, TIRZ. or Developer. C•xcept as otherwise expressly provided for herein, [his Agreement shall no[ create any third -pony beneficiaries. Notwithstanding the prtteding provisions ol'this Section 7.11. the TOWN, EDC, TIRZ, and Developer each acknowledge that the Developer's Lender, as de Fined in Section 7.13 (G), will rely upon Sections 4.1 (e), 7.1, 7.I I, and 7.13 of this Agreement in making a loan or loans to the Developer and is expressly included as a third party intended as a beneEciery of this Agreement relating to those express Sections and those Sections only. '].12 Execution. This Agreement was authorized by action of the Town Councih EDC, and TIRZ and such action has authorized the Town Manager to execute this Agreement on behalf of the Town. 7.13 Developer's Lender Provisions. Notwithstanding any[hiltg to the contrary set forth in this document, the following provisions shall control: 1. TOWN, L'Dq and TIRZ fiereby consent [o the Developer's collateral pledge and/or assignment of the Land Repayment and/or TIRZ Reimbursement to Developer's Lender in a manner the same as or similar to that provided in Chapter 64 of the Texas Property Code, as may be amended or superseded, and mare commonly known as the Texas Assignment of Rents Act. 2. Before exercising any remedies of default against Developer or terminating the Land Repayment and/or TIRZ Reimbursement, the party exercising such remedies or termination shall first provide Developer's Lander with at least sixty (60) days notice of Developer's default and/or its intent to terminate the Land Repayment and/or TIRZ Repayment along with the specific reasons therefor, and allow the Developer's Lender an opportunity to cure said default and/or prevent such termination. Developer shall not be considered in default and no right of termination of the Land Repayment and/or TIRZ Repayment shall exist, so long as Developer's default under this Agreement is not creating material damage to the party exercising a remedy of default and/or termination of [he Land Repayment and/or TIRZ Aepaymcnt, and Developer's Lender has begun to cure said default within the sixty (60) day period and thereafter diligently prosecutes the same to completion within a reasonable period ECONOMIC t)EVELOPM ENT AGREEMENT Pages 12 Town Coundl Minute® Octaba, 13. 2015 Papa l32 of 213 of time therenfler. 3. EDC's rights of purchase and/or rights of first refusal under Article I V above shall be expressly subordinate to the rights and liens of Developer's Lender, and any sale, transfer, assignment, or other conveyance of the Property sh¢11 be made expressly subject to the Developer's Lender's rights and liens. The parties hereto agree [o execute in a form reasonably ¢ecep[able to Developer's Lander and suitable for recording in the public records a Subordination, Non -Disturbance, ¢nd Attomment Agreement which includes [his covenant. 4. In the even[ that T[RZ revokes Developer's priority status, before doing so, T1R2 shall provide Developer's Lender with at (cast thirty (30) dnys prior written notice of its intent [o revoke Developer's priority status, and ¢flow Developer's Lender an oppoRuniry to cure the reasons for such potential revocation within that thirty (30) dny or other extended period provided in the written notice. 5. Although Developer's Lender may hnve a right to perform an obligation or cure a defnult of the Developer under this Agreement, nothing herein shall require Developer's Lender to perform any such obligation or cure any default of Developer. The performance of an obligation or a cure of a defeWt of Developer by Developer's Lender in one inst¢nce shall nor operate to require the Developer's Lender to perform any other future obligations or defaults. "fhe determination to perform any obligations or cure any de Faults of [he Developer hereunder shall be made in the sole and complete discretion of Developer's Lender. G. As set forth herein, the term Developer's Lender means "First St¢[e Bank. a Texas state bank", and its successors and perm load assigns under Section 7.1 above. TOWN//OJJF TROPHY CiLV B, TEXAS Mayor. C. Nick Sanders Chair, avid rod Town of ;o�phy dub, Texas TIRZ Nt, Town o Trophy Club, Texas Dale: ���// / Dater Tlp �2n15 1 t/— It t �t-� ATTEST_ �N OF 7gpp/Yl Preside regory Wilson EDC-46, Town of Trophy Club, Texas _ L _ /—� O Date I O�.Z�� 1 � � � me Holly Fimbr s, own Secretor `\ `���•4Y t. �r�a'�� ECONOMIC DEVELOPMENT AGREEMENT Page 13 Town Counol Minutae tMOOar t3, 20i5 Page t3a of 2ta APPROVED TO FORM: �.L.P��C .i(tralln/ail Patricia Adams, Town Attorney ECONOMIC OEVELOPM ENT AGREEMENT" Pagc li TOWn Council Mlnulas Odoba� l3. 2015 Paga t39 of 213 OTD TC, LLC a Texas limite bility c mpany sy. Dace• S OTD TC2, LLC a Texas li 'ability mpany By'i J / jyg� _ne.lr_ C///Tide: Dale- � T , ECONOMIC UEV ELOPM ENT AGREEMENT Page 15 Town Council Mlnu[¢a Octoba, t3. 2015 Paga 135 of 2t3 STATE OF TEXAS COUNTY OF OENTON Rc TARRANT This Instrument was acknowledged before me on the-Z��day of ��L`fi)1,'1P r', 2015, by Mayor C. Nick Santlers of the Town of Trophy Club, Texas, ahome-rule municipality of the State of Texas, on behalf of said political subdivision. HOLLY FIMERES S� Q OC e ���M'l�t-(jY) f."_lj;� Noun Publb Notary Publ'q late oFTexas ipS aTATE OP TExAb ty gmim. tllYVM1B STATE OF TEXAS COUNTY OF DENTON 8t TARRANT This insvument was acknowledged befor¢ me on the .Z%2kTlay of �X'd-7�bPY-. 2015, by President Gregory Wilson of th¢ Economic Development Corporation 46 of the Town of Trophy Club. Texas, ahome-rule municipality of said political subdivision. �1mpD�-N ..mn Notary Pub c rate of Texas Fes:=='� HOLLY FIMBRES :�_ :» 9TgTE OF aTEXA3 Mr Gwen. )ItyNle STATE OF TEXAS COUNTY OF OENTON � TARRANT This instrument was acknowledged before me on the �i.Ih day of �ftm bn .. 2015. by Chair David Brod of the Tax Incruntenr Reinvestment Zone No. 1 of the Town of Trophy Club. Texas, a home -rule muntcipality of said political subdivision. Pobboa f011ingsworth N [try PubliO - �. State of Texas Commisslan Explrea 10/21/2016 ECONOMIC OEVELOPM ENT AGREEMENT NotaryNotary Public,�`tate oFT�xas Page 16 Town Couneil MInUtBB Oebbar 19. 2gt5 Peg¢'136 or 2'13 STATE OP TEX/-AS COUNTY OP 1. JPX9l"C..'fl This instrament was acknowledged belbre me on the i_`Lay of QCdt�bv ✓ 2015, by Qhti�sYoOitor FTcs(h. � OTp TC. LLC a Texas limited liability company, on behalf of said company. p., � HOLLY FIMBRES Notary PUWb ;�:' eTATB OP TH%AH My ra�Nn ]I1W1alg STATE OF TEXAS CO VNTY OF L7 C 7�.. l VYC1A� Od Notary Putili ,State of Texas This in w t was acknowledged before me on the � tPNay of �010P;=. 2015, by C`h 't�loA1� k t�OTO TC2, LLC a Texas limired liability company, an behalf of said company. g v__� HOLLY FIMBRE3 -/L-�w NaWry Publc ;,`�ieQ � HTATE OF TEXAS I.ff Cenm. ]It1201B ECONOMIC UEVELOPM ENT AGREEM ENI' Notary Publiq State of Texas Page V Town Coundl Minu\ea OCbbBf 13, 2a15 Paga '13] of 2t3 Cxhibit "A" LEGAL DESCRIPTION LECAL DESCRIPTION TRACT ONE: Lots land 2, Block A, Trnphy Wood Business Center, an addition to the Town of Trophy Club, Denton County, Texas according to the plat thereof recorded in Volume V, Page 295 o£dte Plat Records of Denton County, Texas. (Parcel now located in Tarrant County). LEGAL DESCRIPTION TRACT TWD: Lot 2R-2, 61ock B, Trophy Wood Business Center, an addition to the Town of Trophy Club, Tarrant Cowty, Texas according to the plat thereof recorded as Document No. D2130974G3 of the the Plat Records of Tarrant County, Texas. ZONING STATEMENT: AccoNingto the cuaent published zonin6 information, 'tract One and Tract Two are currently zoned PD-25. FLOOD 5'fATEMENT: Based on scaling the surveyed lot shovnt hereon onto the FEMA Flood Insurance Rate Map No. 48439COOSSK (Rev. 9-25-09), said lot lies within L•EMA zone X and does not lie within the FEMA designated 100-year flood plain. Miller Surveying,Inc, makes no statement as to the likelihood of the actual Pooding o£said sureeyed lot. EASEMGNT STATEMENT: The Following statements regardin6 easements and agreements are in reference to the items listed in Schedule B oFthe Commitment for Titl< Insurance issued on December 31;2014 by Chicago Title Insurance Company, GF No. CTMH63-8055G31400073 and are based on my professional opinion: Regarding Item 10(f): The 1 O' Landscape Easement; [he 3 T Firelane Easemenp. [he 15' Landscape Easement; [he 5' Sidewalk and Utility Easement; the 35' Utility Easement; the 25' Utility Easemenq and [he 10' Utility Easement per plat Volume V Page 295 M.R.D.Q_T. affect the surveyed trac[(s) and are depicted eccoNingly; Regarding item O(g): Th< 30' Building Line per plat Volume V Page 295 M:R.D.QT. afRct the surveyed tracts) and are depicted accordingly; Regarding Item 10(h): The Variable Width Utility Easement; the 15' Landscape Easement; the 20' Sanitary Sewer Easement; the 5' Sidewalk .fc Utility Easement; the 15' Landscape Easement; the 10' Landscape L-asement; the IO' Utility Easement and the Firelane,Drainage 8c Access Easement per plat D213097463 P.R.T.C.T. affect the surveyed tracts) and are depicted accordingly; Regarding Item O(i): The 30' Building Line per plat D213097463 P.R.T.C: f.af£ect the surveyed tracts) and are depicted eccoNingly; Regarding Item IOU}: No plotmble <lem<n[s; Regarding Item O(kj: The surveyed tracts are subject to the Grant of Recciprocat Easements and Declarations of Covenants recorded as Document No. D20G339101 D.R.T.GT ; ECONOMIC DEVELOPMENT AGREEM ENI" Page 18 Tpwn COYOciI Minute¢ Oe\oba, 13. 3Ot5 PH86 133 Of 2t3 Regarding Item 1 O(I)c The surveyed tracts are subject to the Access 1=A=ement and Agreement recorded in Volume 5228, Page 3916, R.P.R.D.QT.; Regarding Item O(m): The easement to Texas Power and Light recorded in Volume 1521,Pnge G92 R.P.R.D.QT. as shown on plat Cabinet A, Page 13053 P.R.T.C.T.. affects the surveyed Iract(s) end is depicted accordingly; Regarding Item O(n): The easement to Trophy Club Municipal Utility District No. (recorded in Volume 3260,Page 198 R.P.R.D.C.T. as sivown on Plat Cabinet A, Puge 13053 P. R.T.GT.,affects the surveyed tracts) and is depicted accordingly; Regarding [tem O(o): The casement to PaciFic Soaahwest Bank recorded as Documrnt Nu. 1995-34614 R.P.R.D.GT. does not nHect the surveyed vact(s); ECONOMIC UEV ELOPMF.NT AGREEMENT Paga 19 Town Countll Mlnut¢s October 13. 2015 Pag¢ � 39 0! 2t 3 Exhibit "B'• CONCEPT PLAN i ' F= 5f / __ __f � __ i —�� -; ___ _'—_ _ _ r _ i �__ _: _ _ _ � �a ___ �_ ,��-- �< 4 �'- _ __ '� �� `\ �9 t� ECONOMIC DEVELOPMENT AGREEMENT Paga 20 Town Coundl MlnulB9 Ottober l3. 20t5 Paga l4D of 2l3 ATTACHMENTI Bill Rose Winter Averaging -Rate Appal Presentation Town CounGl Mlnu[¢s OGabar 13, 2015 P¢Be '141 of 213 z � � N O M M N N �y O� t/) _. Si�O'T'1�v'rJ 1�IOI"I'-`TL�I o� '�n� �"'6 ��� ` �4ayN U �� O C� O ►-� a �_ M C7 U w � �. M O M O �� V � � � � o� O M Oi0 � � u"� .--a o0 .--+ �', ��1 /--� 0 V ry O M O \fl �C N � � � �f'] U � \fl �"� 'dy v.� M �r l y OQ \a �+'� � � �j \a M 6/-} r/g 0 o ... 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'3��11CL "�S C� cn 0 00 �� W J� M d-' �-, W � � � � ��,�.�s �z � r � � � � j�t�uap�sag �. 0 �� � � � �\ I \ � ATTACHMENT J TCMUD No. 1 Stte Plat Presentation Town Coundl MlnuMs Octab¢r t3. 20t 5 Pa9a t56 ¢t 213 a, v — �, O V �y O_ O Q = O Q V aJ � O O � � � O -� v � O 023 v c T ra � d O d � (1'] L Ul � Z LL1 Ol �l � � d C C C y '+— c R � !a a� � fl � V y � l7 C ra c C a"i O C � C N ' �� _C d O '� � d _ V] a 0 V C o2I v O_ V W R N t _� v N pl C C �6 W } � " 075 a� a R � V Q d H O N 00 N N _C] Ql l/'1 O Q OD N UJ �-+ C Ol '� C v v a� 4J i ci O N N Ol •"� UJ c!1 O v O V N d e-�i a� O <"+ l0 d C 11 0 V N N O N rl OJ •"+ O O N d O a Q OJ OJ N .� "� R d Vl c is OD V C Q�J C .� O io al C ai �_+ X d O O R i-s N a� O_ v .� Ql O_ V -O C a� O �"+ Ql U t O_ O N !6 V .� ld C c c-� Y O O t Q��J O -K c ai ._ v u C -O O o_ O Ql /O .j 0 .� _Q O �� �_ dJ O_ O C o_ 0 O �-+ C N t .� 0 C ro L N �� u a, -�- d � � O _a �n J -� !�B � N al [n i CO _ � 1.1 J a 4J V C a- � � O R � � �t � � � � � � � � i = a--' '� t6 _T �_ -(O O m � � � � � QJ V l6 � OV � � }I � - t/� lU �O N t� c � a� -�-� � � ra X Y �,.� � L a--� cc � N Ol /6 t Cc C Ol C � O_ � � � +' p � � n� +-' V � -�-� O -p FO— rc N N (6 C � u � � � QJ a-� � � -o C -O v N N .� � rO _6 :�-' V � � -N C � C O Q vl6 N (p t O � � � -� � +-+ C � �"' at T -O V O � �� �� '�� -6 (p � �� � C -O � it � Ol C _ fl_ � C R QJ .�-+ � � fl_ -ii �_ l�.J d GJ � � �+ to � N � _L_ y �� -_ d O Ql O_ � � N a/� � � _ _y `� .�. � .fl- � a--� O .n � GJ �n � al d O O � N O- ++ O_ � c -O � � f6 � O `` Y _N �- � d � i O N t� O C O fl_ l6 m C O � 2� _C �� t� CJ) ++ d O V N ,�, C � C l6 C Q rL3 N RS N i Ol O Ql � � L L V +�-' Vl an V (Q � � � � � R � C � Cl Y �l ti al al O � � � i t6 p_ = O -O C � Y � � � � C � �6 N O !O (O Q .xi v � � a � Z .� � o� t -, __ E�v��t N ,v', -, �e -_ � _. , .' �-�_.. ;�� �.. sf,. �.' e !R ' 9 - § 7 � � � k 7 2 � � �\ � � �/ � E ƒ � � 7 � \ ƒ 7 - - ~ 5 § �� �_ � � � m o � % 2 � � � �� � � k �� �R §� �f 7 � 7 § � a § 7 7 2 /.2 § k / 7 § �� f k R W z Q w ��/� ����/� \ & � \ / } ƒ \ } & J £ ? ©.\ © a §�/ * /\ �§/ �//ƒ \\///\ - -_ _ � §= �/ / _ƒ_ \ 7 2 K/ / \/\� «��� /�\ /6GG � $ \ - � § / � � � — _ §���� - - \�\// /kƒ7// n � / � « \ _\ a E ¥ � \ 2 � k� ? �� � §_ � 7 G � � \ 2 k \ � � _ .s § / � § / - / - ƒ R / § 7 3 / / / N dS m cn w d W J Q O w w w i r. „� - r,_ xg�� 1_Jit�R' o _ -� - L� _ o s + _ .1.. � S �a�., _ L,.�i�.` Z _ I+��fe i _ _ '�� .! i � ri4L�_ _< - _ .. " _ ,� �. t , . �" ?If 5!.. �$ ' --y mil' JS�d2i ��'. h y i. z 0 W 0 z 0 v O O O z Q �--- ATTACHMENT K Ordinance No. 2015-23 Town Council Minutes October l3, 20t3 Papa t94 of 2t3 TOWN OF TROPHY CLUB ORDINANCE NO. 2095-23 AN ORDINANCE OF THE TOWN OF TROPHY GLUB, TEXAS, REPEALING ARTICLE IV ENTITLED `•SIGN REGULATIONS", OF CHAPTER 5 ENTITLED "GENERAL LAND USE" OF THE CODE OF ORDINANCES AND ADOPTING A NEW ARTICLE IV "SIGN REGULATIONS", OF CHAPTER 5 "GENERAL LAND USE" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES IN ORDER TO REGULATE SIGNAGE WITHIN THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING SEV ERABILITY; PROVIDING THAT ANY PERSON WHO VIOLATES CHAPTER 5 OF ARTICLE IV SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) PER VIOLATION AND THAT EACH DAY A VIOLATION IS ALLOWED TO EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, due to changed circumstances the Town Gouncil deems it in the best interest of the Town of Trophy Club, Texas to repeal Article IV entitled "Sign Regulations' of Chapter 5 entitled "General Land Use' of the Code of Ordinances and adopt a new Article IV entitled "Sign Regulations' of Chapter 5 entitled "General Land Use' of The Town of Trophy Club Code of Ordinances; and WHEREAS, the Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The protection and preservation of the rights and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance, quality of life, and general welfare of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; and WHEREAS, the Town Council Fnds that the proliferation of an unlimited number of signs in private, residential, commercial. non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as well as the residential and commercial architecture, impair property Town Council Minut¢¢ October t3, 20t5 Page t95 of2t3 values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children; and WHEREAS, the Town Council wishes to allow speech and expression through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon the Town's interests in privacy, aesthetics, safety and adversely impact the value of property owned by its residents; and WHEREAS, the Town Council declares that the time, place, and manner of the regulations of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises having bean found by the Town Council to be true and correct are incorporated herein and made a part hereof for all purposes. SECTION 2_ AMENDMENTS 2.01 Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article IV entitled "Sign Regulations" of Chapter 5 entitled "General Land Use" of the Coda of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: Section Index Section 4.00 Declaration, Purpose and Intent Section 4.0'I Definitions Section 4.02 Permit Requirements Section 4.03 General Standards Section 4.04 Trafnc Safety Section 4.05 Political Signs Section 4.06 Real Estate Signs -Limited Purpose On -Premise Signs Section 4.07 Religious Institutional Signs ORD 20t 6-23 Page 2 of 39 Town Council Mlnulas Oclobe� t3, 2D15 Pago 196 of 213 Section 4.08 Temporary Signs 4.08 (A) Temporary Sign Regulations 4.08 (B) Banner Signs 4.08 (E) Spacial Purpose Signs for Special Events Section 4.09 Permanent Commercial Signs and Institutional Signs 4.09 (A) General Regulations 4.09 (l3) Illuminated Signs 4.09 (Cj Miscellaneous Sign Regulations -Table Section 4.tO Permissible Signs Not Requiring Permits Section 4.'i'1 Temporary Permits Section 4.t2 Non -Conforming Uses Section 4.t3 Meritorious Exceptions antl Appeals Section 4.t4 Maintenance of Signs Sactlon 4.00 Declaration, Purpos¢ antl Intent A. Declarations. The Town is predominately a residential community, small portions of which have been zoned for commercial and other non-residential uses. The prot¢ction and preservation oT the rig Ms and values of privacy, aesthetics, and safety are of great importance to the residents of the Town and substantially contribute to the special ambiance. quality of life, and general walfa re of the community. The property values in the Town and the general welfare of its residents are enhanced by the maintenance of the highest standards of privacy, aesthetics, and safety for the benefit of all its residents; therefore: �. It is herby declared that the proliferation of an unlimited number of signs in private, residential, commercial, non-residential, and public areas of the Town would create ugliness, visual blight and clutter, tarnish the natural beauty of the landscape as wall as the residential and commercial architecture, impair property values, substantially impinge upon the privacy and special ambience of the community, and may cause safety and traffic hazards to motorists, pedestrians, and children. 2. It is hereby declared that the Town wishes [o allow speech and expr¢ssion through the medium of signs so long as the Town is protected against the proliferation of an unlimited number of signs and unnecessarily large signs that would substantially impinge upon th¢ Town's interests in privacy, aesthetics, safety and adversely Impact the value of property owned by its residents. 3. It is hereby declared that the time, place, antl manner of the regulation of signs described in this Article are necessary to protect and preserve the Town's aforesaid interests in privacy, aesthetics, safety, and property values. ORO 2015-23 Page 3 of 39 Town Council Minutes Oc�obar 10. 2ot 5 Paga t 99 n£ 2'13 B. Purpose, Applicability and Intent. '1. The purpose of this Article is to provide reasonable regulations for the erection and display of signs. These regulations are intended to promote the public health, safety and general welfare through a comprehensive sat of reasonable standards. and requirements which preserve the appearance of the Town. 2. These regulations era not intended to prohibit the erection or display of a sign with a religious or political message, or any sign allowed or required by state or federal law; provided that any such sign conforms to the size requirements and other reasonable requirements of this Article. 3. Tha purpose of this Article is to protect those areas both within the corporate limits and within the eMraterritorfal jurisdiction of the Town from visual clutter and safety hazards resulting in driver distraction. Tha regulations contained in this Article are applicable to the incorporated limits and the extraterritorial jurisdiction of the Town. Section 4.0'I Definitions Unless otherwise provided for herein, the following terms shall have the respective meanings ascribed to them. Awning: A roof -like structure, usually made of canvas, that serves as a shelter, as over a storefront, window, door or deck. Also, an architectural projection that provides weather protection, identity or decoration, and is supported by the building to which it is attached. Changeable Electronic Variable Massage Sign (CEVMS): A sign which permits light to 6e turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumihation is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or Electronic Message Board or digital sign, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions asa traffic control device and that is described and identrted in the Manual on Uniform Traffic CantroL Devices, as amended. Designated Ofticia l: The Town Manager or his or her designee. Dilapidated Or Deteriorated Condition: Any sign, which in the reasonable discretion of the Designated Official, has any one or more of the following characteristics_ �. Where elements of the surtace or background can be seen, as viewed from the right-of-way, to have portions of the finished material or paint flaked, broken off, or missing, or otherwise not in harmony with the rest of the surtace; or ORD 2025-23 Page 4 of 39 Town Council Mlnut®s Ocbba� 13. 2015 Paga 19H of 2'13 2. Where the structural support or frame members are visibly bent, broken, dented, or torn; or 3. Where the panel is visibly cracked, or in the case of wood and similar products, splintered in such a way as to constitute an unsightly or harmful condition; or 4. Where the sign or its elements are twisted or leaning or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support); or 5. Where the message or word in9 can no longer be clearly read by a person with normal eyesight under normal viewing conditions Electronic Message board: A sign with a flxad or changing display/message composed of a series of lights that may ba changed through electronic means. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. The farm includes a Programmed Electronic misplay. Graffiti: Any marking, including, but not limited to, any inscription, slogan, drawing, painting, symbol, logo, name, character, or figure that is made in any manner on tangible property. t. A person who, under court order, is the guardian of the person of a minor; or 2. A public or private agency with whom a minor has been placed by a court. Haight of Signs: As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign Illumination, Direct: Lighting by means of an unshielded light source, including neon tubing, strobes, etc., which is effectively visible as part of the sign, where the light travels directly from the source to the viewers eye_ Illumination, Indirect: Lighting by means of a light source, not itself visible, which is directed at a reflecting surface in such a way as to illuminate the sign, or a light source which is primarily designed to illuminate the entire building facade upon which a sign is displayed. Indirect illumination does net include lighting which is primarily used for purposes other than sign illumination, e.g., parking lot lights or lights inside a building which may silhouette a window sign but which are primarily installed to serve as inside illumination_ Illumination, Internal: Lighting by means of a light source which is within a sign having a translucent background, silhouetting opaque letters or designs, or which is within letters or designs that are themselves made of a translucent material. ORO 2015-23 Page 5 of 39 Town Council Minutes Octabar t3. 20t5 Peg¢ t98 of 2t3 Light Sources: Neon lights, fluorescent lights, incandescent lights, halogen lights and any reflecting su rtace, which, because of its construction and/or placement becomes in effect a source of light emission. Logo: A design, registered trademark -or insignia of an organization, individual, company, or product which is commonly used in advertising to itlentify that organization, individual, company or product. Masonry: Formed concrete, concrete block, cinder block or similar material with facing added to their exposed surtace. Median: A land mass, mostly covered by grass and/or other landscaping materials, enclosed in concrete curbing placed between streets antl roads separating opposing traffic, or to the right of streets or roads separating streets or roads from ono way, single lane, slip road access to private real properties. Minor: A parson under 18 years of age who Is not and has not been married or who has not had his disabilities of minority removed for general purposes. Owner: Any person with the legal or equitable right of possession to any property, including without limitation, any parson having custody or control over the property, or his or her authorized agent or representative. Parent: The mother, a man presumed to be the biological father or a man who has been adjudicated to be the biological father by a court of competent jurisdiction, or an adoptive mother or father, but does not include a parent as to whom the parent -child relationship has been terminated. Premises: Land, including any structures built upon it, build ing(s) or a part of a building. Private Roal Property: Land, within the corporate limits or extraterritorial jurisdiction of the Town, that any person, Term, corporation, partnership, sole proprietorship, Homeowners' Association or other private entity recognized in law, owns, leases, claims, occupies or has supervision or control of, whether such real property is occupied or unoccupied, improved or unimproved. Program mad Electronic Display; Any display in which lamps are used to give information such as, but not limited to, time, temperature, stock market data and which may or may not be electronically programmed to deliver different messages_ Property: Any tangible personal or real property. Raceway: A rectangular tube used for the purpose of enclosing electrical components such as wiring, transformers, etc. orxo zot s-z3 Page 6 of 39 Town Council Mlnufas October 13. 20'I S Paga t80 of 2� 3 Right -of -Way: A strip of land, the first eleven (f 1j feet as measured from the back of curb, or, if no curb, the first eleven (11) feat measured from the edge of the roadway pavement, including the adjacent area, used or intended to be used, wholly or in part, as a public street, alley, crosswalk, sidewalk, drainage way or other public way. Sign: Any device or surface on which letters, illustrations, designs, Fgures or symbols are painted, printed, stamped, raised, projected or in any manner outlined or attached, and used for advertising purposes; temporary mobile signs and private directional signs shall be considered signs for purposes of this Article, regardless of the content of the message or wording thereon. Political signs, except as expressly provided herein, mobile advertising, hand -carried signs, and vending machine signs shall not ba considered signs for purposes of this Article. Signs include but are not limited to the following: A-Frame/Sandwich Board Sign: A self supporting "A" shaped sign with Two visible sides that is situated on or adjacent to a sidewalk. Apartment sign: A sign identifying an apartment building or complex of apartment buildings. Awning Sign: An awning displaying a business name or logo. Bandit Sign: Handbills, lost and found notices, advertisement sheets, and/or garage sale signs attached to a tree, utility pole, traffic pale, fence post or other feature or structure that is not designed nor intended to be a part of the structure. These do not include warning signs or other signs required by state law to be placed on a utility pole, traffic pole or fence post. Banner Sign: A Temporary advertising device composed primarily of cloth, paper, fabric, or other similar non -rigid matar'�al, supported by wire, rope, or similar means; it may also be attached to a building ar other structure, and may 6e mounted vertically or horizontally. Banner Signs also include Tear Drop Flags, Bow Flags, and other similar types of signs. Billboard Stgn: An Off -Premise Slgn consisting of any flat surface erected on a framework or on any structure, or attached to posts and used, or designed to be used for [he display of bills, posters or other advertising material, for the purpose of advertising a business or activity not located on the same premises as the said advertising material. Mobile advertising, hand -carried, signs, and political signs shall not be considered a billboard for purposes of this Article. builder Sign: A Temporary On -Premise sign identifying the builder' or general contractor of a residential construction site. Bulletin Board Sign: A permanent on -site sign providing public information to the residential subdivision within which it is located. ORO 20t5-23 Page 7 of 39 Town Cnundl Minutaa OcbEer l3, 2o'Is Page tH1 of 213 Business Sign: A permanent On -Premise sign that Is used to identify a business, profession, apartment complex, organization, institution, service, activity or other nonresidential use conducted, sold or offered on the site where such sign is located. This sign may also identify the name of the site or development or may identify the occupants within the site or development. Canopy Sign: A canopy sign is a sign painted or affixed to a roof -like structure that shelters a use such as, but not restricted to, a gasoline pump istantl, and is supported by either one or more columns or by the building to which it is accessory and is open on two or more sides. Development Sign: A Temporary, On -Promise promotional sign pertaining to the development of land or construction of 6ufldings on the site where the sign is erected. In residential districts, the intent of the sign shall 6e to promote a subdivision and not any particular builder. Directional Sign: A permanent On -Premise sign intended to aid in vehicular movement on the site. Directional Rcal Estate Sign: Off -Premises Sign, intended to direct parsons to promises offered for lease, rent, or sale, including but not limited to, "Open House" and directional signs or sale. Directory Sign: A sign listing the occupants within a shopping canter, retail district, office districts, and commercial sites located on the same premises. Electronic Display Sign: Refer to "Programmed Electron Display". Feather Flag: A Sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or Fabric of any kind with only such material for backing. Feather flags may be a single Sign or multiple Signs attached to a support pole or post, typically have a 4:'1 height to width ratio, and may resemble a sail. Fences Sign: A sign that is affixed or attached to a fence, whether permanent or Temporary. Flashing Sign: A sign, which contains an inform ittent or flashing IigM source or which includes the illusion of intermittent or flashing light by means of animation or any extamally mounted light source. Electronic display signs are not considered flashing signs for the purpose of This Artiele. Flag: A display on cloth or other flexible material generally attached on only one side, usually used as a symbol of a government, school, or religion, and not containing acommercial message. ORD 2015-23 Page 8 of 39 Town Council Mlnut¢s Octohar 13, 2015 Page lB2 of 2t3 Government Sign: Signs, permanent or temporary, required by governmental bodies or specifically authorized for a public purpose by any administrative policy or guideline, Code or other law. Such Signs may also include. traTFc or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional, informative, or regulatory signs necessary to serve the general welfare, health, and safety of the community. Ground Sign: Any sign connected to the ground by lags, poles, or other supports and which is not an attached, portable, monument, or vehicular sign. Illegal Non -Conforming Sign: A sign which was in violation of any of the Codes of the Town of Trophy Club governing the erection or construction of such a sign at the time of its erection, and which has never been erected or displayed in conformance with all duly enacted Cotles, including but not limited to, signs which are pasted, nailed, hung, painted or otherwise unlawfully displayed upon structures, utility poles, posts, trees, fences or other structures. Illuminated Sign: A sign that has characters, letters, figures, designs or outlines illuminated by electrical lights, luminous tubes or other means. Inflatable Sign: A Temporary hollow sign expanded or enlarged by the use of air or gas. Institutional Sign: A permanent on -site sign used To identify governmental antl municipal agencies, public/private schools, or similar public institutions, and used to communicate messages of public importance to the general public. Legal Non -Conforming Sign: A sign which was lawfully erected and maintained prior to the enactment of the Sign Code and any amendments thereto, and which does not conform to current applicable regulations and restrictions of the Sign Code. Modal Homa Sign: A temporary sign, identifying a new home, either furnished or unfurnished, as being the builder or contractors model open to the public for inspection. Monument Sign: A sign mounted on a solid base or pedestal with no visible space between the sign and the base or pedestal. The sign is not mounted on visible poles, struts, wires, or other visible structures. The sign base or pedestal shall be constructed of masonry material. Nameplate Sign: A sign that identifies only the name of an individual, firm, or corporation, which is attached to a structure and may contain the suite number or other directory infartnation concerning the location of the individual, firm or corporation within the building. rva yz��� Page 9 of 39 Tawn Coundl Minutes October t 3, 20'I S Pagc 'I B3 0! 2t 3 Obsolete Leases Premises Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on leased property after the second anniversary of the date the tenant ceases to operate on the premises. Obsolete Sign: An On -Premise sign or sign structure that previously was a legal sign, or a legal, non -conforming sign; however, it remains on the property after the first anniversary of the date the business, parson or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. Off-Pramiae Sign: A sign located upon a Premises which directs attention to (a) to goods; (b) to a business, commodity, service, or Product; or (c) to an entertainment locatlon, other than the Premises upon which such sign is located. Off -Promise Real Estaba Sign: A sign located upon a Premises which directs .attention to the sale, lease, rental, or construction of a structure or a lot, other than the Premises upon which such sign is located. On -Promise Sign: A Sign which directs attention (a) to goods; (b) to a business, commodity, service, or product; or (e) to an entertainment location, upon the Premises where such sign Is located. On -Premise Raal Estate Sign: A Sign which directs attention to the sale, lease, rental, or construction of a structure or a lot, upon the Premises where such sign is located. Permanent Commercial Sign: A permanent On -Premises Sign advertising a business. Poles (or Pylon) Sign: Any free standing, On -Premise sign supported from the ground by upright structural and/or horizontal crass members. Political Sign: A Temporary Sign that promotes a political issue or a candidate or candidates for public ofFice. including without limitation, a sign of any political party, group, or idea that contains primarily a political message or other .similar noncommeroial speech. Portable Sign: A sign utilized by a government entity and that is not attached or affixed to the ground, a 6uildin9. or other £xed structure or object. Portable signs include those signs installed on mobile structures. Projecting Sign: A sign, except an awning, which projects from a building, and has one end attached to a building or other permanent structure, including but not limited to, a marquee sign. ORO 20t 5-23 Pages t O of 39 Town Caunall Minuf¢s OdobBr 13, 2015 Page 189 of 2l3 Protective Sign: A sign that communicates a warning. R¢al Estate Sign: A limited purpose On -Premise sign supported by upright and/or horizontal cross structural members and which pertains: to the sale, rental or lease of the lot or tract of land on which the sign is located, or to the sale, rental or lease of one or more structures, or a portion thereof located thereon. Ralig ious Sign: A sign containing a religious or other similar noncommercial message. Religious Institutional Sign: On -Premise Sign placed on property belonging to a Church or other religious institution far purposes of conveying religious messages or providing the public with other information related to the Church or religious institution or other non-commercial purpose. Rider sign: A supplemental sign attached to above or below Real Estate Sign, or its sign post that provides limited but additional information pertaining to the premises on which the Real Estate Sign is placed. Roof Sign: Any sign supported by the roof of a building, painted on the roof or eaves of a building, or placed above the apparent flat roof or eaves of a building as viewed from any elevation. Sarvlce Contractor Sign: An On -premises temporary sign identifying the eontractor(s) responsible for work. Sign Walker: A parson or animal, visible from the public Right -of -Way, wearing lights, or wearing a costume, and/or holding, twirling, or wearing a sign, for any purpose, including without limitation, making a statement, soliciting donations or business, or drawing attention to a business, project, place or event. Spacial Purpose Directional Sign: A temporary sign that is either On -Premise or Off -Premise that provides location information, directs persons along a route, or otherwise directs persons to a premises or location upon which a special event or occurrence sponsored by anon -profit, civic, or other organization to which a Spacial Event Permit has been issued by the Town. Spacial Purpose Sign: A temporary sign that is either On -Premise or Off -Premise that provides identiFcation or information pertaining to a special avant or occurrence sponsored by a non-profit, civic, or other organization to which a Spacial Event Permit has been issued by the Town_ Structurally Alter 519n: To change the form, shape or size of an existing sign or any supportiv¢ or bracing elements of said sign excluding temporary embellishments on a changeable copy sign. ono zot s-za Pages t 1 of 39 Town Countll Mlnutas October l3. 201b Page 165 of 2t3 Siructu rally Repair Sign: The reconstruction or renewal of any part of the supportive or bracing elements of an existing sign. Tam porary Pole Sign: A free standing, On -Premise sign displayed for a temporary period of time as provided in this Article and supported from the ground up by upright structural members. Temporary Sign: A sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. Vehicle Mounted Sign: Any sign, not including bumper stickers, on or in a vehicle moving along the ground or on eny vehicle parked temporarily, incidental to i[s principal use for transportation. This dafiniticri shall not include signs which are being transported to a site of permanent erection or lettering of a company vehicle that advertises only the company name and address, or Temporary Signs (with an area of less than 3 square feet) attached to vehicles which may 6e removed daily. Wall Sign: A sign attached or affixed parallel or flat to an exterior wall surtaca of a building. Wind Device Sign: A pennant, stream¢r, inflatable balloon or similar device mad¢ of cloth, canvas, plastic, or other similar flexible material. with or without a frame or other supporting structure,. and used as a sign. Wintlow Sign: A sign painted on or permanently affixed to a window or window area or any sign located on the internal and/or external surtac¢ of the window, or is located within two inch¢s (2") of the window, of any establishment. Sign Permit: A permit issued under the authority of the Town to erect, move, structurally alter or structurally repair any specrtc billboanl, sign or other outdoor advertising within the corporate limits of the Town. Sign Structure: Any portion of an advertising device, inclusive of its supports, or any device solely d¢sig nod for carrying an advertising message. Vision Triangle: An area of visibility on a street corner, including within 'the Right -Of - Way, allowing For safe operation of vehicles, pedestrians and cyclists in the proximity of intersecting streets, sidewalks and bicycle paths. At a minimum, the ar¢a of the triangle shall ba determined as follows: extending straight lines from the nearest point at which the paved area of the two streets intersect to a point on the edge of each of the intersecting streets that is 25 feet from the point of beginning. ORO 2015-23 Page t2 of 39 Town Council Minutes OCIObBr 13, 2015 Pagc 186 oI 213 Section 4.02 Permit Requirements A. Except as expressly provided herein, no sign shall be erected, placed, displayed or located without first obtaining a sign permit from the Town. 1. Application for Permit: Application fora permit for a permanent sign shall 6e made in writing upon forms furnished by the �esig Hated Official authorized so designated to do so by the Town Manager. The application for a sign permit shall contain the following information: a. Applicant's name, atldress and telephone number. b. Name, address and telephone number of the Owner of the property on which the sign is to be locatetl. c. Name, address and telephone number of the lessee the sign is to benefit, if applicable. d. Name, address and telephone number of the person/contractor erecting the sign. e. Name, address and telephone number of the electrical subcontractor, if applicable. f. Type of sign and use classification g. Scaled Site Plan Showing: i. The location of the building, structure or tract to which or upon whim the sign is to be attached or erected, ii. The position of the sign in relation to nearby structures or other signs, and iii. Dimensions of setbacks, building lines, distances between the sign and streets and property lines. iv. Scaled drawings of the signs including height, witlth, area, design. teM and logo. h. The Designated Official may require the filing of additional plans or pertinent information which, in the Official's opinion, are necessary to ensure compliance with this Article. ORO 2015-23 Page t 3 of 39 Town Council Mlnu[¢5 Oc�¢b¢r 13� 20t5 Paga t8]o(2t3 2. T¢rmination of Permit: A sign permit may ba terminated in accordance with the following provisions: a. A permit shall be active for the life of the Sign, as long as it is in compliance with this Article. b. A permit shall expire If the sign for which it has been issued has not been constructed within ninety -(g0) days from the date of issuance. c. A permit Issued far any sign including its supporting structure shall automatically expire in the avant the sign shall fail inspection and such failure is not corrected within sixty (60) days. d. The Designated OfFcial may suspend or revoke any permit whenever it is determined that the permit has bean issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of the Sign Code, any other Coda of the Town, the laws of the State of Texas or the federal government. Such revocation shall be effective when communicated in writing to the person to whom the permit is issued or the Owner of the sign or the Owner of the premises on which the sign is located. Any sign for which a permit has bean revoked shall be immediately removed by the person in control of the sign or premises upon which the sign is located within fifteen (t 5) business days of the receipt of the written notice of revocation. e. Any person may appeal the revocation of the sign permit by filing written notice of the intention to appeal with the Planning Official no more than t¢n (t O) business days after the receipt of written notice of the revocation. The appeal will be forwarded to the Planning S Zoning Commission for review. The Commission shall forward a recommendation to the Town Council for final determination. The decision of the Town Council shall be final. 3. Permit Fads A Sign permit fee shall be paid to the Town in accordance with the most current fee schedule adopted by the Tawn. Section 4.03 Ganaral Standards A. Haight of Signs Sign height shall be measured as the vertical distance between the highest par of the sign or its supporting structure, whichever is higher, and natural grade at the center of the base of the sign. ORO 2U t 523- Page t4 of 39 Town Council Minutes OctoOa� t3� 20t5 Paga 188 of 2'13 B. Building and Electrical Codes Applicable All signsmust conform to the regulations and design standards of the Building Code, UL standards and other Codes of the Town. Wiring of ail electrical signs must conform to the current Electric Code of iha Town. C. Illuminated Signs Signs with eMernal lighting shall be down -lighted. The light sours¢ shall 6e fully shielded such that it cannot be seen from the property line of the site on which the sign is located.. Although the light cast from the source may 6e visible at the property line of an abutting residential property, any spillover light at the abutting residential property line shall not exceed 0.02 foot-candle of luminance. Neon signs shall be permitted by meritorious exception as provided for in Section 4.13 - Meritorious Exceptions 8 Appeals. D. The following provisions shall apply to all areas and zoning districts of the Town 1. Governmental Signs Nothing in this Article shall be construed to prevent the display of a national or state flag, or to limit Rags, insignias, legal notices, or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies (State, Federal, and the Town of Trophy Club only). Stop signs and street signs placed within the Town shall conforn to the design speciFied in the Town's Subdivision Regulations and other standards adopted 6y the Town. Temporary Government Signs may be utilized 6y any governmental agency and shall meet the requirements of Section 4.08(E) in addition to other applicable requirements of this Article. 2. Addresses Address numerels and other signs required to be malntainetl by law or governmental order, rule or regulation are allowed, provided that the content and size of the sign do not exceed the requirements of such law, order, rule or regulation. 3. The occupant of a premise may erect not more than two (2) protective signs to accordance with the fallowing provisions: a. Each sign must not exceed one (1) square foot in effective area; b. Detached signs must not exceed two (2) Feet in height- and c. Letters must not exceed four (4) inches in height. ORO 20t 5-23Page t 5 of 39 Town Council Minulas Octabar f 3. 2015 Page 188 of 213 4. Temporary holiday decorations are permitted. 5. Vehicular signs era prohibited except as specifically allowed by this Article; however, vehicular signs shall be allowed on construction trailers, on construction sites, on transport vehicles being loaded or unloaded, and on passenger vehicles parked at the Owner's or user's place of residence or business. E. Billboard Signs—CEVMS Pursuant to Section 4.09 (C) - Miscellaneous Sign Regulations, Billboard Signs era not allowed within the Town or its extraterritorial jurisdiction unless specifically authorized by the Town Council upon recommendation of the Town Planning and Zoning Commission. Tha erection of new CEVMS Billboard Signs or the modification or conversion of existing Billboard Signs into CEVMS within the Town limits and the eMratarritorial jurisdiction of the Town is hereby expressly prohibited. F. CEVMS or Electronic Message Board Signs .For CEVMS or Signs with Electronic Message Boards, other than Billboard Signs, the approval of Town Council upon recommendation of the Town Planning and Zoning Commission is required to convert any existing sign into or to construct any new sign as a CEVMS or to construct any existing sign into or to convert any new sign into a sign with an Electronic Message Board. G. Exempt Banner Signs. Banner Signs not used Tor commercial purposes, when located wholly on Private Real Property, shall not be considered Signs for the purposes of this Article and are. therefore exempt from its regulations. Section 4.04 Trafffc Safety A. Conflicts with Public Signs No sign shall be erected or maintained at any location where by reason of its position, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any traffic control sign, signal or device, or where it may interfere with, mislead or confus¢ traffic. B. Sight Visibility Restriction No sign shall be located in any Vision Triangle as defined in Section 4.0'1 - �efinitions. ORD 20t 6-23 Page t6 of 39 Town Coundl Mlnulac OCbba, t3. 2015 Page 190 0( 2� 3 Section 4.05 Political Signs '1. Duration: All Political signs meeting the raq uirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty (60) days before the Signs must be replaced or removed as required by this Article. Political Signs shall ba kept in good repair and proper state of preservation during the entire time that they are erectetl. Political Signs advertising an event, election, function or activity shall ba removed within three (3) days following the date of such event, election, function or activity_ Failure to remove such Signs within the th rea (3) day period shall give the Designated Official the authority to remove such Signs without notice. 2. Town Owned/Leased Property -Medians/Right-of-Way/Highway � �4 Except for Political Signs placed on the public Right of Way portion of either residentially or non-rasidentia lly zoned Private Raal Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Political Sign shall be erected or placed on Town owned or leased Property, including without limitation, the Median and Right -of -Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 'I'14_ Notwithstanding the foregoing, Political Signs allowed pursuant to a Spacial Event Permi[ or as otherwise expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special EvenF Permit. 3. Town Owned/Leased Property —Sign Walkers with Political Signs Sign Walkers with Political Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of --Way, 4. Safety Hazard Prohibited Political Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 5. Private Raal Property -Non-Residential Zoning No Political Sign shall be -erected or placed on Private Real Property zoned for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner or other person having custody or control over the property upon which such Sign is placed or his or her authorized agent or representative has given written permission and such documentation is provided to the Town Secretary, or designee, at least one (t) business day prior to the placement of ORD 2n15-23 Page t � of 39 Town Council Minulae Odabar l3. 2015 Page t Bt or 2t 3 the Sign on the property. Such written permission filed with the Town shall only ba valid until December 3'I oT.the year in which it was submitted. Political Signs for which permission has bean authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discartl any such signs placed on the property without permission. 6. Private Real Property -Residential Zoning No Political Sign shall be erectatl or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner has given verbal or written permission. Political Signs For which permission has been authorized shall compiy with all applicable requirements of this Article. The property Owner may remove and tliscard any such signs placed on the property without partnission. 7. Number, Size and Placement A Political Sign shall not exceed thirty-six (36) square feet in area nor exceed eight fee (8') in height, as measured from the ground- A Political Sign may not be illuminated or have any moving elements. No more than one (�) of such signs for each political candidate and two (2) of such signs per issue on the election ballot shall be erected on any parcel of land. As used in this section "parcel" shall mean a piece of land having fixed boundaries, whether those boundaries are fixed by plat or by metes and bounds. Tha front and back surtace of a Political Sign shall constitute one (f) sign. For signs with three (3) ar more surtaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more su rtaces are prohibited on residentially zoned parcels of land. In the event that the number of Political Signs upon a lot or property exceeds [he total number permitted by this Article, the Political Signs in excess of the number permitted shall 6e deemed to be in violation of this Article_ 6. Removal The �esignatetl Official shall have the authority to immediately remove signs in violation of this Article and shall hold the Signs for five (5) calendar days for disposal. Additionally, any Political Sign placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the sign has been placed without prior notice of any kind. 9. Vehicle Mounted Political Signs A Political Sign which is mounted or placed on any trailer or vehicle and which is not permanently affixed to'the trailer ar vehicle is permitted. A vehicle with such ORD 2OT 5-23 Page fB of 39 Town COunCil Mi0YtB8 Odober t3. 2015 P9BC �92 Of 213 a sign may be parked on a public street in accordance with the Town's parking regulations. For purposes of this paragraph, a Political Sign otherwise required by this Article to be supportetl by the ground is not req uirad to be .supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. 10. Exemption from Perm it/Regulations Political Signs shall not require a sign permit, and except as regulated by this Section, era exempt from the remainder of the regulaticns contained in this Articie. 11.Zoning Districts Political Signs complying with the requirements of this Article shall be allowed in all zoning districts of the Town. 12. Illumination Political signs shall not be illuminated and shall comply with all other requirements of this Article. Section 4.06 R¢al Esfat¢ Signs -Limited Purpose On -Promise Signs Real Estate Signs are authorized as a limited purpose On -Premise Sign for Private Real Property zoned for residential and non-residential use as well as Town owned property and may be erected, in addition to permanent signage, in accordance with this s®coon: 1. Duration: All Real Estate Signs meeting the requirements of this Article, shall be maintained in good condition and shell be removed within three (3) days following the sale, lease or rental of the property upon which they are located. Failure to remove such signs within the three (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/Leased Property- Medians/Right-of--Way/Highway 114. No Real Estate Sign shall be erected or placed on Town awned or leasetl property, including without limitation, in a public Median or a public Right -of --Way_ Any real estate sign so er¢ctad or placed upon Town owned or leased property may be removed by the Designated Official without notice. ORO 20t5-23- Page 19 of 39 Town Council Minutes OctoE¢r l3, 20'I S Paga 183 of 2l3 3. Open Houses Signs. Only On -Premise "Open Houses" Signs shall be allowed. Such signs shall not be placed in a Vision Triangle. In the event that any such Sign is not in compliances, the Designated Official of the Town may remove the Sign without priornotice. Signs shall not 6e permitted to be within any Median or Right -of -Way in the Town. 4. Town Owned/Leased Property -Sign Walkers with Real Estate Signs Sign Walkers with Real Estate Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of -Way. 5. Safety Hazard Prohibited Real Estate Signs shall not be installed in any manner that may result in a potential safety hazard of eny type, including but not limited to placement in any Town Right -of -Way and/or within in a Vision Triangle. 6. General Regulations Private Real Property - Residential and Non -Residential Zoning No Real Estate Sign shall be erected or placed on Private Real Property zoned for either residential or non-residential uses, including but not limited to vacant lots or tracts, unless the property Owner has given verbal or written permission. Only On -Premise Real Estate Signs meeting the requirements of this Article shall 6e allowed. Real Estate signs shall not ba illuminated and shall comply with all other requirements of this Article. Riders may be attached to Real Estate Signs as allowed by this Article. Real Es[ata Signs For which permission has been authorized shall comply with all applicable requirements of this Article. The property Owner may remove and discard any such signs placed on the property without permission. 7. Directional Real Estate Signs. Except as specrtcally allowed for Special Events, Off Premise Directional Signs for Real Estate or Open House purposes shall not be allowed within the Town. 8. Number, Size, and Location A Real Estate Sign shall contain no more than two (2) sides and shall nol exceed six (t3) square feet of text area on each side, including any riders. Signs larger than six (6) square feet of text area shall be considered as being Permanent Commercial Signs or Institutional Signs and shall 6e subject to Section 4.09 - Permanent Commercial Signs and Institutional Signs of this Article. ORO 20t5-23 Page 20 of 39 Town Council Minu[cs October, 13. 2015 Page 199 of 2t3 The maximum height of such Signs or sign post vertical member shall not exceed six (6) feet, as measured from the ground. On ail lots other than golf course lots, Real Estate Signs shall be limited to one (1) advertising sign and one (1) "Open House" sign per lot. On lots adjoining a golf course, one (�) additional Real Estate advertising Sign may be .placed to face the golf course. One (�) Rider may be. placed on each Raal Estate Sign allowed by this section. 9. Removal Tha Designated Official shall have the authority to immediately remove Signs in vloiation of this Article and shall hold the Signs for f{ve (5) calentlar days for disposal. Additionally, any Real Estate placed, erected, or maintained in violation of this Article may be removed by the Owner of the Property upon which the Sign has been placed without prior notice of any kind. �O.Vehicle Mounted Real Estate Signs A Real Estate Sign which is mounted or placed on any trailer or vehicle and which is not permanently af£uTetl to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street in accorcla nce with the Town's parking regulations. For purposes of this paragraph, a Real Estate Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a Trailer or vehicle in accordance with this section. 'I'I. Exemption from Pertnit/Regulations Real Estate Signs shall not require a sign permit, and except as regulated by this Section, era exempt from the remainder of the regulations contained In this Article. '12.Zoning Districts Real Estate Signs complying with the requirements of this Article shall be allowed in all zoning districts ofthe Town. '13. Illumination Real Estate signs shall not be illuminated and shall comply with atl other requirements of this Article. ORO 2nt 5-23 Page 2t o1 39 Town Coundl MInWe¢ Cctobar l3, 2016 P9g0 196 of 213 Section 4.07 Religious Institutional Signs Religious Institutional Signs shall not contain any commercial message. 1. Zoning Districts Religious Institutional Signs. complying with the requirements of this Article shall be allowed in all zoning districts of the Town. Section 4.06 Temporary Signs A. Temporary Sign Regulations Except as specifically provided in this Section or fn Section 4.05 Political Signs, Section 4.06 Real Estates Signs -Limited Purposes On -Premise Signs, or Section 4.07 Religious Institutional Signs, the following regulations shall apply to all Temporary Signs as identified herein, including but not limited to Banner Signs, Builder Signs, Development Signs, Inflatable Signs, Model Home Signs, Service Contractor Signs, and Special Purpose Directional (Special Event Permit Only) Signs. 1. Duration: All Temporary Signs meeting the requirements of this Article, shall only be erected or maintained in a location allowed under this Article for a maximum period of sixty (50) days before the signs must be replaced or removed as required by this Article. Temporary Signs shall be kept in good repair and proper state of preservation during the entire time that they are erected. Temporary Signs advertising an event, election, function or activity shall be removed within three (3) days following the date of such event, election, function or activky. Failure to remove such signs within the th roe (3) day period shall give the Designated Official the authority to remove such signs without notice. 2. Town Owned/Leased Property -Medians/Right-of-Way/Highway 114 Except for Temporary Signs placed on the public Right of Way portion of either residentially or non -residentially zoned Private Raal Property with the permission of the property Owner, and meeting the requirements of Section 4.05(A)(5) or Section 4.05(A)(6), as applicable, no Temporary Sign shall be erected or placed on Town owned or leased Property, including without limita<ion, the Median and Right-of_Way. Town Right -of -Way includes the Right -of -Way within the Town's corporate limits along State Highway 114. Notwithstanding the foregoing, Temporary Signs allowed pursuant to a Special Event Permit or as otherwise expressly authorized by this Article shall be allowed on Town owned or leased Property in accordance with the terms of an approved Special Event Permit. or specific provision of this Article. ORO 20t 6-23 Page 22 of 39 Town Cwncll Minutes Oc[aba� t3. 20t5 Pages t96 Of 2t 3 3. Town Owned/Leased Property —Sign Walkers with Temporary Signs Sign Walkers with Temporary Signs shall be prohibited upon all Town owned Property, including without limitation, public Medians and public Right -of --Way. 4. Safety Hazard Prohibited Temporary Signs shall not be installed in any manner that may result in a potential safety hazard of any type, including, but not limited to placement in any Town Right -of -Way and/or within in a Vision Tr"angle. 5. Private Real Property -Non-Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zonetl for non-residential use, including but not limited to vacant lots or tracts, unless the property Owner upon Which such sign is placed has given written permission and such documentation is provided to [he Town Secretary, or designee, at least ono (t) business day prior to the placement of the sign on the property. Written permission shall be valid for one ('1) calendar year from the date upon which permission is provided. Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 6. .Private Real Property -Residential Zoning No Temporary Sign shall be erected or placed on Private Real Property zoned for residential use, including but not limited to property owned by a Homeowners' Association, unless the property Owner, has given verbal or written permission. Tha Owner may remove and discard any such Signs placed on the property in violation of this Section without prior notice_ Temporary Signs for which permission has been authorized shall comply with all applicable requirements of this Article. 7. Number, Size and Placement A Temporary Sign shall not exceed the maximum heig ht .and size limitations as set forth in this Article, including without limitation, Section 4.Og(C) Mlscallanaous Signs Regulations —Table, of this Article_ No more than one (t) of such Signs shall be erected on any parcel of land unless expressly authorized for the Sign type in Section 4.Og(C). As used in this section "parcel" shall mean a piece of land having Fixed boundaries, whether those boundaries are Fxed by plat or by metes and bounds. Tha front and back surtace of a Temporary Sign shall constitute one (t) sign. Far signs with three (3) or more surfaces, each surface shall constitute a separate sign for purposes of size requirements. Signs with three (3) or more surfaces are prohibited on residentially zoned parcels of land. ORD 20t 5-23 Pag¢ 23 of 39 Tnwn Goundl Minutes Octoba� t3. 20t5 Paga tB9 0£ 2t 3 In the event that the number of Temporary Signs upon a lot or property exceeds the total number permitted by this Article, the Signs in excess of the number permitted shall be deemed to ba in violation of this Article. For non -residentially zoned districts, the Designated Official shall have the authority to immediately remove the Signs and shall hold the signs for five (5) calendar days for disposal. 8. Removal Any Temporary Sign placed, erected, or maintained in violation of this Article may 6e removed 6y the Designated Official, property Owner without prior notice of any kind. 9. Vehicle Mounted Temporary Signs A Temporary Sign which is mounted cr placed on any trailer or vehicle and which is not permanently affixed to the trailer or vehicle is permitted. A vehicle with such a Sign may be parked on a public street In accordance with the Town's parking regulations. For purposes of this paragraph, a Temporary Sign otherwise required by this Article to be supported by the ground is not required to be supported by the ground if it is mounted or placed on a trailer or vehicle in accordance with this section. t D.Exemption from PermiVRegulations Temporary Signs shall not require a Sign permit unless specifically required by this Article or by the Schedule of Fees adopted by the Town. 'I t. Zoning Districts Temporary Signs shall only be allowed in those zoning districts designated for the speciFic Sign type in accordance with Section 4.0g(C) Miscellaneous Signs Regulations —Table, of this Article. B. Banner Signs 9. Number, Size. and Placement Only one ('I) Banner Sign per premises or lease space shall be allowed. The size of such Sign shall be no more than thirty-six (3B) square feet per premise or lease space. Display of Banner Signs shall comply with the requirements of Section 4.08(B)(2) of this Article and shall be allowed no more than two (2) times annually. ORD 2015-23 Page 29 of 39 Town Council Mlnu[es Oc[obar 13. 2015 Pagc l88 oT 219 2. Duration Banner Signs shall be permitted for no more than thirty (30) consecutive days. At least ninety (90). days shall lapse between the end of the first period of display and the beginning of the second period of display. 3. Zoning Districts Banner signs shall only be allowed in non-residential zoning districts. C. Special Purpose Signs for Special Events Special Purpose Signs complying with the provisions of this Section shall ba allowed in conjunction with Spacial Events provided that a Spacial Event Permit issued pursuant to Article XV of Chapter � O of the Code of Ordinance has bean obtained for the Event. Special Purpose Signs may be posted for Events that are expressly exempt from the Requirements of Article XV of Chapter 10 provided however that all such signs shall comply with the requirements of this Section and other applicable provisions of the Sign Ordinance. 1. Number, Size and Placement a. Banner Signs. One (t) Banner, not to exceed fifty (50) square feet, shall be allowed on the Special Event site. Placement of the Banner shall be subject to the requirements of the Special Event Permit or the approval of the Community Development Director when a Special Event Permit is not required. A Banner shall not be strung between trees, but shall be securely attached to a building, or securely strung between two (2) temporary poles. 6. Special Purpose Signs - Spacial Event ParmYt. Special Purpose Signs, including without limitation, Directional Signs and Directional Real Estate Signs, shall only be allowed for Special Events pursuant to a Spacial Event Permit. Except as speciFcally allowed for in this Section. Directional Signs shall not be allowed within the Town. In addition to the requirement to obtain a Special Event Permit, prior to the placement of a Special Purpose Sign. any person or entity placing such a sign shall also have received authorization or approval for such placement from the Owner of the property upon which such sign is placed, and shall comply with applicable notification requirements set forth in this Article. D. Duration Special Purpose Signs authorized by this Section in accordance with a valid Special Event Permit shall be allowed up to fourteen (f4) days prior to the date of C]:a YZliI-3i�1 Page 25 of 39 Tawn Council Minutes October 13. 2015 Paga 199 of 2l3 the Event. All signage shall be removed within twenty-four (24} hours following the conclusion of the Event. E. Temporary Government Signs Temporary Government Signs may include those signs of any government agency, including agencies other than the Stale Government, Federal Government or Town of Trophy Club, and may be placed fora limited time to provide time specific, seasonal, or other necessary public service or regulatory information to the community. These Signs shall require a Temporary Permit and shall otherwise comply with ell requirements of this Article, including without limitation, all regulations governing Temporary Signs. Section 4.09 Permanent Commercial and Institutional Signs A. General Regulations_ Permanent Commercial Signs and Institutional Signs shall include the following sign types and shall be subject to the following provisions: t. On -Premise Signs (Monument and Wall) Signs in areas zoned for Non -Residential purposes shall be On -Premises signs_ 2. Maximum Gross Surtace Area The face of each sign shall not exceed the gross surface area as outlined below. 3. Monument signs shall not exceed ton feat (:1 O') in height. 4. No commercial sign shall be allowed which is painted on the wall of any building or on any part of a building. 5. Signs owned, constructed and used by the Town to provide information, direction and enforcement shell be exempt from these requirements. 6. Wall signs shall be cantered horizontally on the store frontage fora tenant's space. The maximum copy height shall not exceed two feet (2'), six inches (6"). The minimum copy height shall be one foot (1'), two inches (2")_ The mounted copy depth shall be flue inches (5"). Wall signs shall not project more than twelve inches from the wall surface. B. Illumination of Signs a. Internally lit, individual aluminum channel letters shall have a t/8" Plexiglas front. The raceway shall be painted to match the surtace upon which it is mounted_ ORS 2015-23 Page 26 of 39 Town GOYncil MIpUlB9 Ocloba� t3. 2015 Page 200 0! 2'13 b. The raceway shall allow appropriate internal reinforcing and adequate service access for all hardware. No wiring, angle iron or other supports shall be exposed. The raceway shall contain all transformers and wiring for the letters. c. Illuminated signs which are visible through the window of a tenant's space shall be sat back a minimum of two (2") inches from the face of the window. The distance shall be measured from the front surface of the sign to the face of the window. If the front surtace contains letters or other symbols that project outward, then the distance shall be measured from that point. C. Miscellaneous Sign Regulations -Table Tha following table entitletl "S ignage Criteria" contains regulations applicable to the Sign types Ilsted below. No person shall construct, allow, maintain or allow the construction or maintenance of sign in violation of any of the regulations provided below Maximum 'Maximum Maximum Zoniha 'Aermanent/ Sinn Tvpe� Number Size S HeinM. OistricL Duration Temoorary A-Frame/Sandwich Hoartl Prohibifad Apartment � per entry 50 sq ft/ Life of Resltlantial Permanent Permit Awning Prohlbhed Bandit. Prohlbl[aH Banner, Feather Flag, 1 per premise or 36 sq k. N/A 30 days Non- Tam ore P ry Tear Orop Flag, Wintl lease space no Residantlal Devito, Bow Flag more than 2 times annually Billboard Along property To be tle[erminad by the Town Nbn- Parmanant which abuts State Council upon recommendation Rasitlenbal N19hwreY t'14 of the Planning � Zoning Commission Builder/ContreUor 2 par premise B sq ft 4 ft RamovaA All �iatricts Temporary upon sale, lease, rental Bulletin Hoard To bedetanninatl by the Town Council upon Rasitlangal Parmanant recommentlaticn of the Planning 8 Zoning Eommiaslon Canopy 25 sq fl or 10% of the fats of ihs ®nopy Life of Non- Permanent or which It la a pan of or to whlcb it is Structure Restdentlal anachad,.wl5ichavar is greater ORO 20t 6-23 Page 27 of 39 Town Council Minutae October 13, 2015 Page 2ln or 213 Maximum Maximum Maximum -- Zoning. .Permanent/ Sign Tvpe Number Size ffi H®fight Duration District Temoorary Contractor Service No limn provided Bsq k 4 ft '14 Days All Districts Temporary total combinatl sq after footage does not completion exceed 6 sq ft of service CEVMS 'I per premise with 50 sq. 4 ft. life of All Districts Permanent approval of the R Permit Town Council upon recommendation of the Planning and Zoning Commission; Not allowed on Billboards Develgpmant t per 32 sq k 5 R Residential: All Districts Temporary projecVpremiea 90% of all lota/housas sold Commercial: Completion of Project Directbnai 6 sq R 3 ft Life of All Districts Permanent Permit Direcgonal Temporary ProhlbRecl except ass//oxrod w/fh a Spec/a! Event Po�mft Temporary Real Esfate Directory 1 per premise To be determined by the Town Non- Permanent Council upon recommendation Residential of th0 Planning 8. Zoning Commission Electronic Message � per premise with 50 sq. ft, 9 ft Life of Permit All Districts Permanent Boards approval of the Town Cquncil upon rewmmendation of the Planning and Zoning Commission; Not a1loWatl on Billboards Fancy ProhlblteN Flashing Proh/b)tacl ORD 20'I5-23 Page 28 of 39 Town Coundl Minu[¢a October 13� 20t 5 Paga 202 of 2 f 3 - Maximum Maximum Maximum Zoning Permanentl- Number Siza..8 Height - � DuraEion ��istrict -- � - - � Tem ore - .. Oovemmant Permanent No limit— As No limit— Nc limit- No limit All Districts - -' '--' - __ Permanent Requiretl As As —As Requiretl Requretl Requiretl Govemmanl Temporary Rastrtctad Temporary 6rountl � per 16 sq 4 R Li(¢ of All Districts Permanent entry/Premiaa R Permit Illuminated q par premise 60 aq LHa of Non- Permanent ft Permit Resitlentlel Inflatable 1 per premise Tp be tlaterminetl by the Town All Districts Temporary Council upon racommantlation of the Planning 8 Zoning Commission Inslitugonal � per 50 sq 4 R LI/e of Non- Permanent entry/Premiaa R Permit Residential Motlel Home t per Motlel 16 sq 4 R Removatl Resitlantlal Temporary Hame R upon sale, Districts tease, rental Monument 1 per 50 sq 1p. R Life of All Dialrtcta Permanem entry/premise ft permit Nameplate 1 per lease spec¢ 2 sq ft 1 R Life of Non- Permanent Permit Residential Off -Premise Proh/bHad Political 36 sq 8 ft 60 days All Districts Temporery R Portable Raab/ctad Projecting Proh/b/tad Protective 2 per pramtse '1 sq ft 2 R Life of All Districts Temporary or structure Permanent Real Estate ftaaVlctad Ritler R//owed with Rea/ Estate S/gn Roof Ptoh/b/tad Spacial Purpose 1 pre premise/lot 6 sq ft 4 R 14 days All Districts Temporary prior/24 hr Tollowing ORD 2015-23 Page 29 of 39 Town Council Mlnu[Bs OCIObar 13, 2015 Paga 203 oT 213 ..Maximum- Sian Tvpe , ` :Number. JVla zimum ize & Hei ht Maximum Zoninm .District Permanent/ Duration Temoorary Temporary Pole � per premise/lot 32 sq R 5 ft t year from All Districts Temporary temporery permit Issuance Wall t par lease space 40 sq R or the Life of Non- Permanent. product of 2 Permit Residential times the lineal width of the wall, whichever greater. Shall not exceed 75% of the witl[h or the height of the available wall area or store frontage for a tenant's space Window No limit provided total combined sq LiTe of Non- Permanent footage does not exceetl 25% of [he PermiC Rasitlantlal visible wlntlow area available in the absence of any signs Section 4.10 Permissible Signs Not Requiring Permits A. The Following Signs shall 6e subject to all limitations and provisions provided in this Article, and shall not require a sign permit. These exceptions shall not be construed as relieving the Owner of the sign from the responsibilities of its erection, maintenance, and its compliance with the provisions of this Article or any other law or code regarding the same: 1. Changeable Copy The changing of advertising copy or message on a painted or printed sign, or the changing of advertising copy or message on a changeable reader board specifically designed for use of replaceable copy, not to include Programmed Electronic Display. 2. Holiday Decorations Signs or materials displayed in a temporary manner during traditional, civic, patriotic or religious holidays. 3. Internal Signs Signs visible only from the premises on which located or visible from off the premises only through a window or windows from which they are set back_ ORp 20t5-23 Page 30 of 39 Town Council Minute& Oclaba� t3. 20t5 Page 204 Of 2t3 4. Memorial Signs Markers, plates, plaques, etc_,. when deametl an integral part of a structure, building or landscape. 5. National and/or State Flag Display of flags is allowed. 6. Vehicle Mounted Signs Except as otherwise regulated herein, Signs located on motor vehicles or trailers bearing current license plates and inspection stickers, when appropriate, which era traveling or lawfully parked upon public roadways or lawfully parked upon any other premises for a paricd not to exceed four (4) hours or fora longer period where the primary purpose of such parking is not the display of any sign. 7. Other Signs as specifically itlentifietl herein. Section 4. t'i Temporary Permits The Designated Official of the Town of Trophy Club upon application from an individual or company may grant Temporary Permits or Waivers to hang Banners and/or Signs for Commercial purposes or Temporary Government Signs as set Forth in Section 4.08 — Temporary Signs, of this Article. Signs approved by the Designated Official as meeting the criteria necessary to satisfy the provisions found in Section 4.08 —Temporary Signs, of this Article may ba displayed on a temporary basis not exceeding a six (6) week period- The length of the temporary permit will 6e at the discretion of the Designated OTficial, not exceeding the maximum six (6) weak period at the discretion of the Designated Official, unless good cause is shown by the Permit Applicant that public interest or necessity requires a longer period far the Temporary Permit The Designated Official may extentl the Temporary Permit for four (4) additional consecutive thirty (30) day periods provided that each eMension shall be at the Designated Official. At the time of expiration of the Temporary Pannit or Waiver, It shall ba the rasponaibility of the applicant to remove the Banner or Sign. The application process for a temporary permit or waiver shall be governed by the same guidelines as set forth in Section 4.02 — Permit Requirements, herein. A permit for a Temporary Pole Sign may ba issued for an initial period not to exceed one ('I) year. An applicant may request one ('1) additional renewal for a period up tc one ('1) year, Such renewal may, within the discretion of the Designated Official, be granted if the Sign is in good and sound condition and meats the requirements of this Article. Appeals of tlecisions of the Designated Official under this Section shall ba allowed under Section 4.'13 Meritorious Exceptions and Appeals. ORD 20L 5-23 Page 31 of 39 Town Council Minulas Oc[aber 13, 20t5 Paga 205 of 213 Section 4.'12 Non -Conforming Usas A. Any existing Sign that does not conform to the regulations stated herein shall be tleemed a nonconforming sign and shall be subject tothe provisions of Section 4.'14 — Maintenance of Signs of this Article. It is the declared purpose of this Section that nonconforming Signs and Signs directing attention to nonconforming uses eventually discontinue and the signage comply with [ha regulations stated herein, having due regard far the investment in such signs. B. The Designated Official, after ten ('10) days written notice to the Owner of the premises on which the Sign is located, shall have the authorky to remove any nonconforming sign which either: 1. Was not permanently affixed to the ground on the effective date of this Article, or 2. Was erected in violation of this Article or other Town Cod¢ in effect at the time of its erection. C. The Town Council may order nonconforming signs to be removed upon and subject to compliance with Chapter 2'I6, Texas Local Government Code, as amended, provided that the Signs: '1 _ Are not permanently afrxed to the ground on the effective data of this Article, 2. Were erected in conformity with this Article and/or other Town Codes in effect at the time of their erection, an0 3- Remain in place after six (6) months from the effective date of this Article. O. An Owner of any lawfully existing nonconforming use or building may erect and maintain a Sign in accordance with the regulations contained heren. E. Moving; Relocating, or Altering of Signs No nonconforming sign shall be moved, altered, removed and reinstalled, or replaced unless it is brought into compliance with the requirements of this Article. F. Change in Use or Occupant of a Structure Any nonconforming sign may continue to be utilized as long as the occupancy within the structure remains the same. When a use changes from one occupancy category to another, or when there is a change in occupant, all signs serving that occupant, shall be brought into conformance with [he provisions of this Article. ORD 2015-23 Page 32 of 39 Tpwn Council Minute¢ OCbba, l3. 2018 Paga 208 oT2t3 Section 4.73 Meritorious Exceptions and Appeals A. In the development of these criteria, a primary objective has been ensuring against the kind of signage that has led to low visual quality. On the other hand, another primary objective has been the guarding against signage over -control. B. it is not the intention of these criteria to discourage innovation. It is entirely conceivable that signage proposals could be made that, while clearly nonconforming to this Article and thus not allowable under these criteria, have obvious merit in not only being appropriate to the particular site or location, but also in making a positive contribution, to the visual environment. Upon request of an interested party, the Town'Council, upon recommendation by the Planning and Zoning Commission, shall hear consider a request fora meritorious exception under this Section. C. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretation of the provisions of this Article, the Town Council shall hear appeals with respect to any actions of the Designated Official in the interpretaticn and enforcement of this Article. Any such appeal shall be brought, by written application filed' by an interested party, to the Designated Official within ten (70) days after [ha action of the Designated Official which is the subject of the appeal. Enforcement of this Article shall be stayed pending such appeal. In hearing such appeals, the Planning and Zoning Commission shall review the tleterminaticn of the Designated Official and, in doing so, may consider whether or not the regulations and standards aF this Article will, by reason of exceptional circumstances or surroundings, constitute a practical difficulty or unnecessary hardship. The Planning and Zoning Commission shall forward a recommendation to the Town Council, who shall act on the .subject of the appeal. A decision of the Council shall be final. D_ Unique signs that demonstrate increased quality and standards but do not meat the dimension standards provided in this section may be permitted by means of "meritorious exception" as provided in Section 4.'13 — Meritorious Exception and Appeals. Section 4.74 Maintana nce of Signs A. Maintenance Each Sign allowed by this Article shall be maintained in a safe, presentable, and good condition, including the replacement of defective parts and other acts required for the maintenance of such sign, without altering the basic copy, design or structure of the sign. The Building Official shall require compliance or removal of any Sign determined by the Building Official to be in violation of this section in accordance with the enforcement provisions set forth below. ORO 20t5-23 Page 33 of 39 Town Council Minut®s Oc\obey 13, 2015 PHgH 207 of 2l3 B. Dilapidated or Deteriorated Signs No person shall maintain or permit to be maintained on any premises owned or controlled 6y him or her any sign which is in a dilapidated or deteriorated condition as defined herein. Upon notice of violation, any such Sign shall be promptly removed or repaired by the owner of the Sign or the Owner of the premises upon which the sign is located in accordance with the enforcement provisions set forth below. Section 4.15 Violations A. A person shall be responsible for a Violation of this Article if the person is: t. The permit holder, owner, agent, or persons) having the beneficial use of the sign, 2. Tha Owner of the land or structure on which the sign is located; or 3. Tha person in charge of erecting the sign. B. It shall be unlawful for any person to erect, r¢place, alter, or ralocat¢ any Sign within the Town of Trophy Club, or cause the same to be don¢, without first obtaining a permit [o do so from the Building Of£cial of th¢ Town of Trophy Club, except as expressly allowed by by this Article. C. It shall be unlawful for any person to use, maintain, or otherwise allow [he continued existence of any sign for which the required permit was not obtained. D. It shall be unlawful for any person to install, construct, or display a prohibited sign, as defined herein, or any sign in violation of the provisions of this Article within the Town of Trophy Ciub or its extraterritorial jurisdiction. E. It shall be unlawful for any person to intentionally, knowingly or recklessly violate any tens or provision of this Article. Section 4.16 Enforcement A. Authority Tha Designated Official is hereby authorized to order the repair or removal of any dilapidated, deteriorated, abandoned, illegal or prohibited signs from property within the corporate Town limits of Trophy Club or Rs extraterritorial jurisdiction, in accordance with the enforcement mechanisms set forth in this section. ORS 2015-23 Page 34 of 39 Tman Cmndl Mlnurcc Odob®r l9. 20'IS Page 20B c! 2'13 B. Notice of Violation When the Designated Official determines that a Sign located within the corporate Town limits or extraterritorial jurisdiction of Trophy Club is dilapid atad. deteriorated, illegal, prohibited or abandoned, he shall issue a notice of violation to the Owner of the Sign or to the owner, occupant, or person in control of [he property on which the sign is located. 1. Contents of Notice of Violation: The notice of violation shall contain: a. Name of the owner, occupant. manager or other person in control of the property. b. Street address sufficient to identify the property on which the alleged violation occurred. c. Description of alleged violations and reference to the provisions of this Article that have bean violated. d. Statement of the action required to correct the violation and a deadline for completing the corrective action. e- Statement that failure to take the corrective action within the time specified may result in one or both of the following consequences: i. A criminal penalty not exceeding the maximum amount allowed by law for each violation. ii. The Town filing a civil action against owner seeking injunctive relief and/or civil penalties up to One Thousand Dollars ($1,000) per day for each violation. f. Statement informing recipient of their right to appeal the decision of the Designated Official. 2. Service of Notice of Violation The Designated Official shall serve a written notice of violation on the Owner of the sign, or the Owner, occupant, or person in control of the property on which the sign is located. The notice of violation should be served by either hand - delivery or by certified mail, return receipt raq nested_ Service by certified mail shall be effective three (3) days after the date of mailing. ORO 2015-23 Page 35 of 39 Tnwn Council Minutes Oc[obe� t3. 20t5 Page 209 of 2t3 Section 4.77 Enforcement Remedies A. Criminal Penalties Any parson, firm or corporation violating any of the provisions or terms of this Article shall be tleemed guilty of a misdemeanor, and upon conviction thereof, be subjacF to a fine not exceeding Two Thousand Dollars ($2,000) for each offense, and each and every day ar portion thereof that such violation shall continue shall constitute a separate offense. B. Civil Remedies The Town may file a civil action in State District Court to enforce the requirements of this Article, seeking injunctive relief and/or civil penalties up to One Thousand �oilars ($7,000) per day for each offense as authorized by the Texas Local Government Code, as amended, or any other applicable law. C_ Emergency Removal of Sign The Town may remove a Sign, which the Designated Official finds to be an immediate and imminent threat to the public safety because of its dilapidated, deteriorated or structural condition. D. Remedies Cumulative All remedies authorized under this Article are cumulative of all others unless otherwise expressly provided. Accordingly, the filing of a criminal action shall not preclude the pursuit of a civil or administrative action For violation of this Article nor shall the filing of a civil action preclude the pursuit of any other action or remedy, administrative or criminal:' Section 4.7 tt Prohibition A. All -signs not specifically authorized by this Article shall ba prohibited. The following list. is illustrative and is not intended to be an exhaustive listing of prohibited signs: 7. Obsolete Signs No person shall erect or allow to be displayed upon premises owned or controlled by them, an obsolete sign. 2. Obstructing Signs No person shall erect or allow to ba displayed upon premises owned or controlled by them, a sign that prevents free ingress to or egress from any door, window or fire escape. ORD 2015-23 Page 36 of 39 Town Cauncfl Mlnutac Oc�abe, 13, 2015 Psge 210 of 2'13 3. Signs displaying materials determined to ba obscene by a court of law. 4. Signs placed in any location which by reason of their location will obstruct the view of any authorized traffic sign, signal, or other traffic control device by vehicular or pedestrian traffic. No sign shall be erected which. by reason of shape, color, size, design or position, would ba reasonably Itkely to create confusion with, to be confused as, or to interfere with any traffic signal or device which is authorized by Tha appropriate state or local governmental authorities. Further, no sign shall be placed in a location that will obstruct vision of a vehicle operator while entering, exiting, or traveling upon the public right -of --way. including without limitation, a Vision Triangle. 5. Signs placed so as to prevent or inhibit free ingress to or egress from any door, window, or any exit way required by the Building Code of the Town of Trophy Club or 6y Fira Department regulations. 6. A -frame and sandwich board signs. 7. Signs located on public property, including but not limited to signs attached [o any public utility pole or structure, street light, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property. 8. Roof Signs. 9. Signs attached to a standpipe ar fire escape. '10. Bandit Signs 'I 'I.Awnin9 Signs '12. Fence Signs '13. Flashing Signs '14. Off -Premise (except as expressly allowed in this Article) 'I S.Projecting Signs '16. No person shall attach any sign, paper or other material, or paint, stencil or write any name, number (except house numbers) or otherwise mark on any sidewalk, curb, gutter, street, utility pole, public building, or structure except as otherwise allowed by this Article." OftO 2015-23 Page 37 of 39 Town CounGl Minutes OG[ObOr 13, 2015 page 21 t o(2t3 SECTION 3_ CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances antl shall not repeal .any of the provisions of such Ordinances except for those instances where there are direct conflicts wkh the Provisions of this Ordinance. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the eMent that they era inconsistent with this Ordinance. Providetl however, that any complaint, action, claim or lawsuit which has bean initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to ba governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and affect. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved as to any and all violations of the provisions of any Ordinances that have accrued atthe time of the effective data of this Ordinance; and, as to such accrued violations and all pending litigation, both civil antl criminal, whether pending in court ar not, under such Ordinances, same shall not be affected by this Ordinance but may ba prosecuted until final disposition by the courts. SECTION 6. SEVERABI LITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance ar application thereof tc any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain In full force and effect. SECTION 6, PENALTY It shall be unlawful for any person to violate any provision of this Ord finance, and any person -violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not lass than One dollar ($1.D0) nor more than Two Thousand ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. The penalty provided Herein shall be cumulative of all other remedies available for enforcement of the provisions of this Ordinance. ORO 20� 5-23 Page 39 of 39 Towp COUOCiI Minutes Oc[obe� t3, 20'IS Paga 212 oT 219 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.01'I of the Texas Local Government Code_ SECTION 8. 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 antl to properly record this Ordinance In accordance with the Town Charter SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its data of passage, in accordance with law, and it is so ortlained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this '13fb day of October, 2O'I 5. ����.�- C. Nick Sanders, Mayor Town of Trophy Club, Texas OF, TROp CS EAL] ATTEST: �.Z yL � O � c m c ly Fim r s, Town Secretary Town of Trophy Club, Texas 9�'9Ry '1 . ,9�y>t APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas C ]�i�Y3�i6'Y�3 Page 39 of 39 Tawn Cwndl Minufas Odob¢r t3, 20t5 page 2l3 of 2l3