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Minutes TC 08/11/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Tuesday, August 11, 2015 at 7:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, August 11, 2015. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS COUNTY OF DENTON TOWN COUNCIL MEMBERS PRESENT: C. Nick Sanders Mayor Greg Lamont Mayor Pro Tem, Place 5 Jim Parrow Council Member, Place 1 Garrett Reed Council Member, Place 2 Rhylan Rowe Council Member, Place 3 Tim Kurtz Council Member, Place 4 Philip Shaffner Council Member, Place 6 STAFF AND GUEST(S) PRESENT: Stephen Seidel Town Manager Patricia Adams Town Attorney Steven Glickman Assistant Town Manager/CFO Holly Fimbres Town Secretary/RMO Patrick Arata Police Chief Pat Cooke Development Services Manager April Reiling PIO/Marketing Manager Ron Ruthven Town Planner (participated remotely using video conferencing) Mayor Sanders announced the date of Tuesday, August 11, 2015, called the Town Council to order and announced a quorum at 7:01 p.m. The Invocation was offered by Council Member Parrow. The Pledges were led by Mayor Pro Tem Lamont. CITIZEN PRESENTATIONS This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. There were no citizen presentations. Town Council Minutes August 11, 2015 Page 1 of 106 CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 1. Consider and take appropriate action regarding the Minutes dated July 14, 2015. (Town Secretary Note: Approved as presented at the dais) 2. Consider and take appropriate action regarding financial and variance report dated June 2015. 3. Consider and take appropriate action regarding the Third Quarter Investment Report for Fiscal Year 2015. 4. Consider and take appropriate action regarding a Resolution of the Town Council approving and authorizing a project of the Trophy Club Economic Development Corporation 413 to purchase land for authorized purposes (First Reading). 5. Consider and take appropriate action regarding a Resolution relating to the Giving of Notice of Intention to Amend Ordinance No. 2014-08 issuing Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014; and providing an effective date. Attachment A — Resolution No. 2015-11 6. Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan's Glenn, Phase III Subdivision. Town Attorney Adams advised that the numbers listed on the Dual Obligee Rider and General Purpose Rider, Item No. 6, were incorrect. Mayor Sanders requested to remove Item No. 6 from the Consent Agenda. Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda Items 1 through 5. Motion passed unanimously. REGULAR SESSION 6. Consider and take appropriate action to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Maintenance Bond for the construction of public improvements for Waters Edge at Hogan's Glenn, Phase III Subdivision. Town Attorney Adams explained that the Town has a maintenance bond that was provided to the Town for the public improvements in the amount as set forth in the Subdivider's agreements. TCMUD No. 1 requested that the developer provide a separate maintenance bond in their name and the bonding company refused; therefore the compromise was to do a Dual Obligee Rider and separate out Town and TCMUD No. 1 improvements. She advised that the numbers did not match when they were submitted, but are currently in the process of being corrected. She asked the Council to consider approving the concept and to proceed with a Dual Obligee Rider once the corrected numbers are received for the division of value public improvements. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to approve a Dual Obligee Rider and General Purpose Rider identifying Trophy Club Municipal Utility District No. 1 as a Dual Obligee on the Town Council Minutes August 11, 2015 Page 2 of 106 Maintenance Bond for the construction of public improvements for Waters Edge at Hogan's Glenn, Phase III Subdivision, subject to the specific data being received. Motion passed unanimously. PUBLIC HEARING 7. Conduct a Public Hearing regarding the Trophy Club Crime Control and Prevention District (CCPD) Budget for Fiscal Year 2015-2016 submitted to the Town Council by the CCPD Board. Mayor Sanders opened the public hearing at 7:09 p.m. There was no one present that wished to speak regarding the item. 8. Conduct a Public Hearing regarding a request for a Conditional Use Permit for a Wastewater Treatment Facility on 10.58 acres located in the Mary Medlin Survey, Abstract 832 on Junction Way; Applicant: Trophy Club Municipal Utility District, Case CUP -15-005. There was no one present that wished to speak regarding the item. Mayor Sanders closed the public hearings and reconvened into Regular Session at 7:10 p.m. REGULAR SESSION 9. Receive an update from GSBS regarding the Police and Town Hall facility; discuss and take appropriate action regarding update, facility, timeline, project schedule, cost and financing. Attachment 8 — GSBS Police Department and Town Hall Presentation (Town Secretary Note: Item No. 9 and Item No. 10 were presented together) Tom Batenhorst, GSBS Principal, provided an update regarding the Police and Town Hall facility, which included: Site Plan Options; Floor Plan Options; Rendering Options; and Opinion of Probably Cost — Schematic Design Phase. Discussion took place regarding the reductions made to lower the overall cost of the facility. Council Member Reed commented that he would prefer the installation of a regular commercial grade slab versus a suspended slab, but to leave the budgeted amount the same in order to help provide cushion for any unforeseen cost. (Town Secretary Note: Item No. 10 was presented) Council Member Parrow suggested posting the three rendering options on the Town's website and social media for the next couple of weeks to allow the citizens to provide their input to Council, and then Council could make a decision on a rendering based on citizen feedback. Council Member Kurtz commented that the information has already been provided to the citizens and that his preference was not to spend further fees for additional renderings. Council Member Shoffner commented that his preference was Option No. 3 because it offers a classic appearance. Council Members Rowe and Reed stated that their preference was Option No. 3 and noted that there has been an item for public input on the past several agendas regarding the proposed facility. Town Council Minutes August 11, 2015 Page 3 of 106 Mayor Pro Tem Lamont commented that his choice was Option No. 3. Motion: Motion made by Council Member Rowe, seconded by Mayor Pro Tem Lamont, to direct the Town Manger to engage GSBS on further appropriate activity relative to using Option No. 3 as the Town's general design direction. Mayor Sanders clarified that the motion was to direct the Town Manager to work with GSBS on Option No. 3 for further refinement and design phase. Town Manager Seidel stated that the Town will need to enter into a Professional Service Agreement with GSBS for construction of the facility, which will help save funds by starting construction earlier than anticipated if the Bond Election passes in November 2015. The vote was taken. Motion passed unanimously. Mayor Sanders commented to leave the suspended slab in the proposed budget based on earlier discussion. 10. Receive public input regarding the Police and Town Hall facility; discussion of same. Susan Edstrom, 269 Oak Hill Drive, thanked the Council for all their effort on the new proposed facility, and requested that the Council use the name Animal Shelter verses Holding Facility. Additionally, she commented that the size of the holding facility is about the size of a two car garage and that the amount of proposed space may not be adequate. No action was taken on this item. 11. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Attachment C - Ordinance No. 2015-16 Town Manager Seidel stated that Town Staff has identified approximately $3.86 million in funding from various sources. He noted that the estimated $7.7 million that was discussed during Item No. 9 does not include fixtures, furniture or equipment, or professional services, which total about $1 million. He pointed out that amount called on the Bond Election is a request to authorize up to that amount with the understanding that the entire amount does not have to be issued. He suggested calling for a $5.5 million General Obligation Bond in order to allow flexibility with any unforeseen expenses. Additionally, he identified the $3.86 million funding sources which included: Consent Agenda Item No. 5 (Resolution No. 2015-11); CCPD funding; the Town's general fund; and the 2012 Tax Note. Julie Partain, Council with Bracewell & Giuliani LLP, was present to address any questions. Motion: Motion made by Mayor Sanders, seconded by Council Member Parrow, to approve Ordinance No. 2015-16, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date, in the amount of $5.9 million. Town Council Minutes August 11, 2015 Page 4 of 106 Discussion took place that generally it is approximately two percent of the par amount for the cost of issuance of bonds. Additional discussion took place regarding the inability to be flexible with the ballot language when calling a bond election because it has to be for a specific purpose. Motion to Amend: Motion to Amend made by Council Member Reed, seconded by Council Member Rowe, to modify the amount to $5.4 million. Council Member Rowe stated he supported the motion because the estimate for construction cost is approximately $7.8 million, with a contingency amount of $376,000 for the slab, and the alternative funding sources; therefore approximately $4.8 million is needed to meet the budget and the motion allows for about a $1.5 million cushion. Council Member Reed stated that he believed that there will be additional savings after changes to the slab. Susan Edstrom commented that the audiovisual equipment within the Council Chambers has been an issue and stated that she would support the $5.9 million. The vote for the Motion to Amend was taken. Motion carried 6-1-0 with Mayor Pro Tem Lamont, and Council Members Parrow, Reed, Rowe, Kurtz and Shoff ner voting for and Mayor Sanders voting against. The vote for the Main Motion as Amended was taken, to approve Ordinance No. 2015-16, calling a Bond Election to be held on November 3, 2015 within the Town for the issuance of General Obligations Bonds for a Joint Police and Town Hall Facility, making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date, in the amount of $5.4 million. Motion passed unanimously. 12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Attachment D - Ordinance No. 2015-17 Motion: Motion made by Council Member Rowe, seconded by Council Member Reed, to approve Ordinance No. 2015- 17, ordering and calling a Special Election to be held on November 3, 2015 for the purpose of submitting to the resident qualified voters of the Town two (2) propositions to amend the Home Rule Charter of the Town; adopting provisions relative to the conduct of the election and the canvassing of election results; and providing an effective date. Motion passed unanimously. 13. Consider and take appropriate action regarding an Ordinance of the Town approving a Conditional Use Permit for a Wastewater Treatment Plant Facility located on an approximate 10.58 acre tract in the Mary Medlin Survey, Abstract 832, and zoned Government Use (GU); providing conditions applicable to the use; providing a penalty not to exceed $2000 for each violation; and providing an effective date. Attachment E - Ordinance No. 2015-19 P&Z Town Planner Ruthven advised that the proposed ordinance was provided to the Council, and that a letter was received from Ryan Chitwood regarding the TCMUD No. 1 Wastewater Treatment Plant. Town Council Minutes August 11, 2015 Page 5 of 106 Town Attorney Adams clarified that the correct acreage was 6.587. Motion: Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Ordinance No. 2015-19 P&Z, approving a Conditional Use Permit for a Wastewater Treatment Plant Facility located on an approximate 6.587 acre tract in the Mary Medlin Survey, Abstract 832, and zoned Government Use (GU); providing conditions applicable to the use; providing a penalty not to exceed $2000 for each violation; and providing an effective date. Motion passed unanimously. 14. Consider and take appropriate action regarding a Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, Trophy Club, Texas, including consideration and action on related waivers to the Town's Subdivision Regulations as requested by the applicant. Attachment F - Revised Preliminary Plat Attachment G — TCMUD No. 1 Preliminary Plat Presentation Attachment H - Town Presentation Planning and Zoning (P&Z) Commission Chairman Dennis Sheridan stated that the Commission wanted TCMUD No. 1 to provide for the future ability to connect Indian Creek and Trophy Club Drive, and agreed that the existing TCMUD No. 1 building and the proposed physical construction of the improvements could be avoided by curving the road to the south. He added that the requested right-of-way waiver was not accepted but was conditioned for a future road designated on the plat. He discussed items that the TCMUD No.1 requested but would have to be considered by the Zoning Board of Adjustment (ZBA). Town Planner Ruthven stated that the item was approved by the P&Z Commission with the condition that the roadway be curved to the south to avoid any encroachments on both the front building setback and the roadway. Adam Marsh, Project Engineer with CP&Y Inc., provided a presentation which included: Project Team; Wastewater Treatment Plant; Wastewater Plant Design and Site Plan; Variances Requested; Right -of -Way and Road Construction; Comprehensive Land Use Plan; Thoroughfare Plan; Loop Road Connection; Topography Exhibit; Aerial Exhibit with Variable Width Right -of -Way; Loss of Mature Trees; and Impact of Strict Compliance with Requirements. Council Member Shoffner inquired how they would put the basin in if the Fire Chief required them to build the road, because the road would be in the right-of-way. Mr. Marsh stated that an alternative would be to show a hammerhead in the plans or have the Town allow the encroachment until a date that a road was installed. Town Planner Ruthven provided a presentation, which included: Existing Site Conditions showing Plat Right -of -Way and Setback Requirements; Proposed Expansion showing Plat Right -of -Way and Setback Requirements; Proposed Expansion Showing 8/6/15 P&Z Recommended Plat Right -of -Way and Setback Requirements; Aerial Photos of Wastewater Treatment Plant (WWTP) Site Only, Extended Area, and Overall View; Street View; and Plant Entrance Gate View. Council Member Parrow stated that there are a number of structures on the west side, above the maintenance barn, that are in the twenty foot utility easement, and inquired how that would affect the validity of the plat. Town Planner Ruthven stated that since this property is not platted, before a building permit could be issued an easement encroachment form would have to be submitted and approved. Town Council Minutes August 11, 2015 Page 6 of 106 Discussion took place about placing a fire lane around the building or having a hammerhead, as well as there being an issue with the proposed fence because it would be within the right-of-way easement. Town Planner Ruthven discussed the difference between a preliminary plat and final plat, specific to the requirement that a preliminary plat shows existing easements and that a final plat shows proposed easements. Mayor Pro Tem Lamont inquired why Town Staff recommends denial. Town Planner Ruthven stated that it is a technical issue with any subdivision waiver request that Town Staff recommends denial due to technical non-compliance because State law mandates that the subdivision plat must be approved if the plat meets all the requirements of the Town's ordinances. Discussion took place that it was the TCMUD No. 1's intent not to pave the end of Junction Way to the plant, and access it as is and not make improvements in the access easement. Town Staff discussed that there was a possibility that the twenty foot radius could be accomplished. Council Member Reed commented to possibly continue the right-of-way down so that it would align nicely and offer the ability to bring a truck around and also back out. TCMUD No. 1 Wastewater Superintendent Karl Schlielig discussed the size of trucks that would access the plant and current truck access. Council Member Reed commented that his recommendation would be to extend the road a little further but give the variance of the building setback. Mr. Marsh commented that the Teague Nall and Perkins exhibit shows a swooping radius that starts on the existing southern property line, to use this there is a potential of adding a reverse curb to Junction Way. Council Member Rowe stated that his concern was that additional work will need to be done regarding configuring for operational and fire lane concerns. He is more comfortable approving a changed right-of-way that goes further because the area that is not used on the southwest property for the road will have to be made up outside the standard right-of-way on private property. Mayor Sanders commented that if the preliminary plat was approved subject to requiring the TCMUD No. 1 to dedicate right-of-way as depicted on the revised preliminary plat that was received on August 7, 2015, the final plat would be subject to the modifications as determined necessary by Town Staff and Town Engineer with the final recommendation dedicated to be depicted on the final plat. Town Planner Ruthven stated that a requirement of the Subdivision Ordinance is that the preliminary plat matches the final plat, however the Town Engineer has the ability to recommend changes based on his review. Council Member Rowe inquired if the preliminary plat is approved as is with the proposed recommendations, is the Council legally bound to approve the final plat because the Town Engineer could have additional recommendations. Town Attorney Adams stated that it would be based on if the plat meets Subdivision Regulations, but will need input from the Town Engineer's review. If the preliminary plat is approved, in vetting that and there are Town Engineer issues and it is not compliant with the Town's Subdivision Regulations, then the Council is not locked into their approval based on the preliminary plat approval. RECESSED AT 9:50 P.M. FOR A BREAK RECONVENED AT 10:05 P.M. INTO REGULAR SESSION Town Council Minutes August 11, 2015 Page 7 of 106 Motion: Motion made by Council Member Reed, seconded by Mayor Pro Tem Lamont, to approve the Preliminary Plat of Trophy Club Municipal Utility District Wastewater Treatment Facility, subject to the following conditions: 1. Require TCMUD No. 1 to dedicate right-of-way as required by the subdivision regulations and Town Council will grant a waiver for the existing building that would fall inside of the right-of-way now, the concrete road, or fence; and 2. TCMUD No. 1 has the ability to put in their portion of the road now, at a future date that the TCMUD No. 1 decides, or at the date that the Town notifies the TCMUD No. 1 that the Town is going to build the rest of the road. At the time that the TCMUD No. 1 builds the road or the Town requires them to build the road, the things in the right-of-way that TCMUD No. 1 built or that exist today will be required to be removed if necessary. Town Planner Ruthven advised that there should be a Subdivider's Agreement in place with the developer at the time of the final plat for any public improvements. Discussion took place regarding the requirement that the P&Z Commission approved regarding the ability to pay the perimeter street fee or defer it, not requiring them to install the concrete now, and that they could build their portion of the road as engineered. Mayor Sanders asked if anyone wished to speak regarding the item, seeing no one he asked for the vote. The vote was taken. Motion passed unanimously. Town Attorney Adams pointed out that the P&Z Commission approved a motion to require a future road designation that goes from the end of concrete Junction Way, West, starting at TCMUD No. 1 property curving before it gets to the future construction basin. P&Z Chairman Sheridan stated that they called out Junction Way in order to have a starting point for the engineer. Discussion took place regarding that the Council's motion did not state that the road had to curve but to designate the right-of-way and build the road now or at some future time if it was required. Kevin Glovier, Senior Project Manager with The Wallace Group, inquired about the ability to have underground waterline utilities within the right-of-way because they will not be able to fit the waterline and keep the Texas Commission on Environmental Quality (TCEQ) guidelines at nine (9) foot separation from the sewer line. Town Manager Seidel commented that the line should be on the northern boundary of the right-of-way in order to provide flexibility to construct the road and have adequate space for fiber lines, etc. Town Planner Ruthven stated that the underground sewer and water lines would need to meet engineering requirements and the Town would need to sign off on it. Mayor Sanders stated that the Council is trying to work with them the best that they can in order to keep the process moving. He added that in order to get the setback waved for the area between the right-of-way and existing buildings, they would have to go before the ZBA. Additionally, he asked if any of the MUD Directors would like to make any comments. Town Manager stated that the final plat was tentatively scheduled for the August 25, 2015 Council agenda assuming all the engineering is met and revisions based on Town Staffs comments are received. Town Council Minutes August 11, 2015 Page 8 of 106 15. Consider and take appropriate action regarding an Ordinance of the Town amending Article II, entitled "Traffic And Vehicles" of Chapter 10, entitled "Public Safety", Section 2.03, "Traffic Control Devices", of the Code of Ordinances, by adding Subsection C(2) (a)(iii) restricting U -Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled "Parking", Subsection B(1)(g) and B(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Attachment l - Ordinance No. 2015-18 Police Chief Arata displayed an exhibit that showed where U -Turns would be prohibited on Parkview Drive during school hours only, and stated that nine (9) signs will be added to implement the restriction, and displayed where parking would be allowed on Parkview Drive. He added that officers will be present the first week of school to encourage drivers where to park safely during school hours and that he has been working with Northwest Independent School District so that they are on the same page, and post on the Town website. Motion: Motion made by Mayor Pro Tem Lamont, seconded by Council Member Kurtz, to approve Ordinance No. 2015-18, amending Article II, entitled "Traffic And Vehicles" of Chapter 10, entitled "Public Safety", Section 2.03, "Traffic Control Devices", of the Code of Ordinances, by adding Subsection C(2) (a)(iii) restricting U -Turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot during posted school hours, and by amending Section 2.05, entitled "Parking", Subsection B(1)(g) and 13(1)(h) to designate no parking zones on the east and west sides of Parkview Drive at designated locations and school times; providing a penalty not to exceed $500 for each violation; and providing an effective date. Motion passed unanimously. 16. Discuss and receive update regarding Fiscal Year 2016 Budget. Town Manager Seidel stated that this was an opportunity to the Council to provide direction regarding the Fiscal Year 2016 budget that was presented to the Council and posted on the Town website on July 31, 2015. Discussion took place took place regarding the increase in the Information Services budget for communications/pagers/mobiles was to due to internet costs being moved to that budget line item, and that there would be an increase in cost to install new infrastructure if a new provider were implemented. Assistant Town Manager/CFO Glickman discussed the cost of the NEOS relocation to Independence Park West into the existing playground, as well as proposing a small toddler playground and shade structure at Harmony Park. Council Member Shoffner commented that he would like to see the parking lot at Harmony Park, that was dedicated from Beck, listed in the future projects, and possibility consider a capital improvement project with soccer. Additionally, he would like to see the remaining Park funds to be spent more on Harmony Park. Discussion ensued regarding a surplus in the budget and lowering the tax rate. No action was taken on this item. 17. Consider and take appropriate action regarding a record vote on a not -to -exceed Fiscal Year 2016 Ad Valorem Tax Rate and to schedule two public hearings to meet Truth in Taxation requirements and/or as required by the Charter and related matters. Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to set the tax rate not -to -exceed Fiscal Year 2016 Ad Valorem Tax Rate of $0.484 per $100 valuation and set the public hearing dates for August 25, 2015, and September 8, 2015. Town Council Minutes August 11, 2015 Page 9 of 106 Roll call vote: Mayor C. Nick Sanders Yea Mayor Pro Tem Greg Lamont Yea Council Member Jim Parrow Yea Council Member Garrett Reed Yea Council Member Rhylan Rowe Yea Council Member Tim Kurtz Yea Council Member Philip Shoff ner Yea Motion carried. 18. Town Manager Seidel's update regarding the following; discussion and provide input regarding same. *Trophy Club Park *Economic Development *Freedom Park Signage Town Manager Seidel updated the Council and addressed questions, no action taken, update only. 19. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular Session Council Agenda for August 25, 2015 meeting and discussion of Future Agenda Items. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. Mayor Sanders commented to possibly group all the updates into one update. Council Member Reed requested to revise No. 3 of the Town Council Future Agenda Items List to include adding a parking lot between the baseball fields: Consider and take appropriate action regarding parking on Parkview and Park Lane, and options for Police Department mitigation. ADJOURN Motion made by Council Member Shoffner, seconded by Council Member Rowe, to adjourn. Motion carried unanimously. Meeting adjourned at 11:29 p.m. I L - Holly Fimbres, own Secretary/RMO Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas Town Council Minutes August 11, 2015 Page 10 of 106 ATTACHMENT A Resolution No. 2015-11 Town Council Minutes August 11, 2015 Page 11 of 106 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2015-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS RELATING TO THE GIVING OF NOTICE OF INTENTION TO AMEND ORDINANCE NO. 2014-08 ISSUING TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014; PROVIDING AN EFFECTIVE DATE WHEREAS, the Town of Trophy Club, Texas (the "Town"), pursuant to Chapter 271, Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation for the purpose of paying contractual obligations to be incurred for the purposes set forth below; and WHEREAS, the Town Council of the Town has issued its Combination Tax and Revenue Certificates of Obligation, Series 2014 pursuant to Ordinance No. 2014-08; and WHEREAS, the Town Council found and determined that a notice of intention to amend the Ordinance No. 2014-08 authorizing the issuance of certificates of obligation should be published in accordance with the requirements of applicable law; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The Town Secretary of the Town is hereby authorized and directed to issue a notice of intention to issue certificates of obligation in substantially the form attached hereto as Exhibit A. Section 3. The foregoing notice shall be published once a week for two consecutive weeks, the date of the first publication being before the thirtieth (30th) day prior to the date set forth in the foregoing notice for passage of the ordinance amending Ordinance No. 2014-08 authorizing the Combination Tax and Revenue Certificates of Obligation, Series 2014. Such notice shall be published in a newspaper of general circulation in the area of the Town of Trophy Club, Texas. Section 4. RES 2015-11 That this Resolution shall take effect from and after the date of its passage. Page 1 of 3 Town Council Minutes August 11, 2015 Page 12 of 106 PASSED, APPROVED AND EFFECTIVE by the Town Council of the Town of Trophy Club, Texas this 11 `h day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas OF iRG, ATTEST: v� y� APPROVED AS TO FORM: C Q. 03 Holly Fim res, Town Se Patricia A. Adams, Town Attorney Town of Trophy Club, Tekafs 1 �CP� Town of Trophy Club, Texas RES 2015-11 Page 2 of 3 Town Council Minutes August 11, 2015 Page 13 of 106 EXHIBIT A NOTICE OF INTENTION TO AMEND ORDINANCE NO. 2014-08 ISSUING TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 NOTICE IS HEREBY GIVEN that on September 22, 2015, the Town Council of the Town of Trophy Club, Texas, at 7:00 p.m. at a regular meeting of the Town Council to be held in the Council Chambers at the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club, Texas 76262, the regular meeting place of the Town Council, intends to pass an ordinance amending Ordinance No. 2014-08 that authorized the issuance of Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 (the "Certificates) for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (a) purchasing land for a joint police and town hall facility; and (b) paying professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. The ordinance amending the Ordinance No. 2014-08 shall amend the purposes of the Certificates to add (c) designing, developing, constructing and equipping a joint police and town hall facility, as an authorized purpose. Said Certificates are payable from the levy of a direct and continuing ad valorem tax against all taxable property within the Town sufficient to pay the interest on this series of Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of the Town's municipal drainage utility system, such pledge of surplus revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the Town Council of the Town of Trophy Club, Texas. GIVEN THIS August 11, 2015 /s/ Holly Fimbres, Town Secretary Town of Trophy Club, Texas RES 2015-11 Page 3 of 3 Town Council Minutes August 11, 2015 Page 14 of 106 ATTACHMENT B GSBS Police Department and Town Hall Presentation Town Council Minutes August 11, 2015 Page 15 of 106 za co 0 0 (D m c� a. 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V umiIL co 0 4— O O Q w : L LL r F L Q LL Q. 0 0 0 0 0 0 0 0 0 \ 0 0 00 0 0 0 0 0 0 0 -0,- 0 0 \ 0 0 0 0 0 0 N O M 00 LO N N Co 0) 00 d' O O O In I- I- M M O) O Cn f0) O O O I� O O) Co T- � M O O O O N m, 4 (o 6) ti N to C4 M O I-- N D N 00 Cf) 4 N O 6 0 6 r N 00 Cn (,) O N ce) 4 O O N 00 V' I- M m w O I- I- Co O MO O I- M N N m 't O U Cl ' Cfl C70 N O I- N 00 In IQ ' ' ' r d' M O M N O CO O N CO M I- W M d• I` N o N LO c to M O N O O 4 N O Co I- "t N N00 CO N N Cn N 00 r- Co O d' d' r M d t- d' O ftp N M ClO t,- Cn LO L N V 0) d' Co O) O T- O M O 6) O) Co N r- oo 00 00 M N N CD M CO 696E 69 69 69 69 69 69 69 6469caGF?GRicaeabg646aU=H69G960 ugF 6369 Q) C A O O > U C fU 0 0 Z! d U o C9 a) E:3y L C ¢ N aEi N .0_ U y 30 .�-� Q O °� O w O C -0 •N O -a rn C W m c m Cn C1 a• C m C to O CM N U ` E Q' U atj w c U C Q a) 0) •= C O m xs .m E m � m C E a 3 ami w it . - C 0 � � o fffi v E N� aUi '� E w c� E m � E � r 4: c Ln c fn O O M i1 O' 7 O_ O N 7 N N O m O X •- •� w x o m o oL o cU) W U-U)iLF1:wo W W W -j CD C C7 W U I- ❑ u d O 1' ' ' '' ' Cl .N- CO `- N M CO I'- co N M 'a r N CO d• M CO I` M O) N N N N N N M Cl) CO d c Q C C c C C C C C C C C C C C C C C c c c C C C C N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 O Cp fn O H.0 U) •_fn •cn .N .Uf fn <n co_ fn N_ u) N fn cn En fn fn co in in tn N y > > > > > > > > > > > > > > >_ > > > > > >_ >_ >_ U) O 7 5 6 i5 i5 15 (5 6 6 6 (5 (3 (5 (5 i5 0 0 0 ❑ 0 ❑ ❑ ❑ S m 0 0 O O U) ATTACHMENT C Ordinance No. 2015-16 Town Council Minutes August 11, 2015 Page 47 of 106 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-16 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE TOWN, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; and WHEREAS, the Town Council hereby finds and determines that said election shall be held on a uniform election date established by Section 41.001(a) Texas Election Code, as amended, as required by Texas law; and WHEREAS, the Town Council hereby finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as part of the operative provisions hereof. Section 2. Election Ordered; Date; Proposition. An election (the "Election") shall be held for and within the Town on Tuesday, November 3, 2015 ("Election Day"), a uniform election date established by Section 41.001(a) of the Texas Election Code, as amended (the "Code"). At the Election the following proposition (the "Proposition") shall be submitted to the qualified voters of the Town in accordance with law: PROPOSITION NO. 1 "Shall the Town Council of the Town of Trophy Club, Texas be authorized to issue general obligation bonds of said Town in the aggregate principal amount of $5,400,000 for the purpose of providing funds for permanent public improvements, to -wit: designing, developing, constructing and equipping a joint police and town hall facility and the acquisition of land therefore; such bonds to mature serially within not to exceed twenty-five (25) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the Town Council under the laws of the ORD 2015-16 Page 1 of 8 Town Council Minutes August 11, 2015 Page 48 of 106 State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?" Section 3. Official Ballot. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote "FOR" or "AGAINST" the Proposition, which shall be set forth on the ballots in substantially the following form: PROPOSITION NO. 1 ❑ FOR THE ISSUANCE OF $5,400,000 GENERAL OBLIGATION BONDS ❑ AGAINST FOR A JOINT POLICE AND TOWN HALL FACILITY AND THE LEVY OF A TAX IN PAYMENT THEREOF Section 4. Persons Qualified to Vote. All resident, qualified electors of the Town shall be eligible to vote at the Election. Section 5. Election Precincts Voting_ Locations and Voting Hours on Election Date. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their Denton County and Tarrant County precinct numbers as determined by the Denton County Elections Department and the Tarrant County Elections Department (together, the "Elections Administrators"). Such locations are incorporated herein by reference for all purposes; provided, however, such times and locations may be changed if so directed by the Elections Administrators without further action of the Town Council. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 6. Early Voting Locations, Dates and Times. (a) The Elections Administrators are hereby appointed as Early Voting Clerks for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. The main early voting polling place for Denton County is hereby designated to be Denton County Elections Administrations, 701 Kimberly Drive, Denton, Texas 76208. The main early voting place for Tarrant County is hereby designated to be the Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111. Ballot applications and ballots voted by mail for Denton County residents and Tarrant County residents shall be sent to: Denton County Elections Department, Early Voting Clerk, 701 Kimberly Drive, Denton, Texas 75208 and to the Early Voting Clerk, Tarrant County Elections Center, P.O. Box 961011, Fort Worth, Texas 76161-0011, respectively. The Elections Administrators and/or the Early Voting Clerks are hereby authorized to appoint the members of the Early Voting Ballot Boards and the presiding judges and alternate judges in accordance with the requirements of the Code. Early voting shall be conducted by the Early Voting Clerks, at the main early voting polling locations listed above, such locations may be changed or additional early voting locations may be added by the Elections Administrators, without further action of the Town Council, as is necessary for the proper conduct of the Election. ORD 2015-16 Page 2 of 8 Town Council Minutes August 11, 2015 Page 49 of 106 (b) In addition to the main early voting polling location, Town of Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County and Tarrant County throughout the County, such locations as listed in Exhibit A attached hereto, as may be modified and updated by each Elections Administrator. (c) Early voting by personal appearance shall begin on Monday, October 19, 2015, and shall end at 7:00 p.m. on Friday, October 30, 2015, with the voting times to be as follows: October 19 (Monday through Friday) October 23 8:00 AM — 5:00 PM October 24 (Saturday) 8:00 AM — 5:00 PM (Denton County 7:00 AM — 7:00 PM (Tarrant County) October 25 (Sunday) (Tarrant County only) 11:00 AM —4:00 PM October 26 (Monday through Wednesday) October 28 8:00 AM — 5:00 PM October 29 (Thursday and Friday) October 30 7:00 AM — 7 PM Section 7. Notice of Election. Notice of the Election shall be given by: (i) publishing a substantial copy of this Ordinance, in English and Spanish, on the same day of each of two (2) successive weeks not earlier than the thirtieth (30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a newspaper published in the Town, (ii) posting a copy of this Ordinance, in English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town -Council and at three (3) other public places within the boundaries of the Town, not later than the twenty-first (21S) day prior to the date set for the Election and (iii) posting a copy of this Ordinance, in English and Spanish, on the Town's website, prominently and together with the notice of the Election and the contents of the Proposition, not later than the twenty-first (21 St) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance, this Ordinance shall be posted in a prominent location at each polling place. Notice of the Election shall also be provided to the county clerk of Denton County, Texas and Tarrant County, Texas and the Denton County voter registrar and Tarrant County voter registrar not later than the 601h day before the Election Day. Section 8. Conduct of Election. (a) The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department and the Tarrant County Elections Department pursuant to separate Election Services Contracts (the "Contracts") by and among Denton County Elections Department ("DCED"), the Town and other participating entities, if any, and by and among the Tarrant County Elections Department ("TCED"), the Town and other participating entities, if any, as described in the Contracts. The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrators. (b) Election judges, alternate judges and clerks shall be paid, as determined by the Elections Administrators, for their service in the Election. ORD 2015-16 Page 3 of 8 Town Council Minutes August 11, 2015 Page 50 of 106 (c) E -slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and paper ballots, which are optically scanned, shall be used for early voting by mail, as directed by each Elections Administrator. In the November 3, 2015 election, the Elections Administrators shall cause paper ballots, which are optically scanned, to be prepared in the form of the ballot prescribed below, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, Texas, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E -Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. (d) The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. (e) The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 9. Additional Information Required by Section 3.009 of the Election Code. (a) As of the October 1, 2014, the first day of the Town's current fiscal year, the aggregate principal amount outstanding of tax -supported debt of the Town was $13,167,000 and the aggregate amount of outstanding interest on such tax -supported debt was $4,028,952.33. The Town's ad valorem debt service tax rate for the current fiscal year is $0.11 per $100 of assessed valuation of taxable property in the Town. (b) The Town intends to issue the bonds authorized by the Proposition over a period of years in a manner and in accordance with a schedule to be determined by the Town Council based upon a number of factors, including, but not limited to, the then current needs of the Town, demographic changes, prevailing market conditions, assessed valuations in the Town and management of the Town's short-term and long-term interest rate exposure. Market conditions, demographics and assessed valuations vary based upon a number of factors beyond the Town's control, and therefore, the Town cannot and does not guarantee a particular interest rate or tax rate associated with the bonds authorized by the Proposition. As such, the information contained in this paragraph is provided solely for illustrative purposes and does not establish any limitations or restrictions or create a contract with the voters. The Town currently estimates that, if the Proposition were approved and the bonds proposed herein were authorized and issued in accordance with the Town's current estimated project plan of finance, the maximum interest rate of the bonds is not expected to exceed 4.50%. (c) Any additional information required by Section 3.009 of the Code is contained in Sections 2 and 3 of this Ordinance. Section 10. Necessary Actions. The Mayor and the Town Secretary of the Town, in consultation with the Town's Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal ORD 2015-16 Page 4 of 8 Town Council Minutes August 11, 2015 Page 51 of 106 Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein, including making changes or additions to polling places or procedures to the extent required or desirable or as may become necessary due to circumstances arising after the date of this Ordinance. Section 11. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Ordinance nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the Town Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 12. Effective Date. This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED, AND EFFECTIVE on the 11th day of August, 2015, at a regular meeting of the Town Council of the Town of Trophy Club, Texas. A OF iAOp� TEST: a � to olly rudres, Town Secre rry Town of Trophy Club, Texas,, h 1� ORD 2015-16 C. Nick Sanders,"or Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 5 of 8 Town Council Minutes August 11, 2015 Page 52 of 106 EXHIBIT A DENTON COUNTY EARLY VOTING LOCATIONS TARRANT COUNTY EARTLY VOTING LOCATIONS ORD 2015-16 Page 6 of 8 Town Council Minutes August 11, 2015 Page 53 of 106 DENTON COUNTY ELECTION DAY POLLING LOCATIONS ORD 2015-16 Page 7 of 8 Town Council Minutes August 11, 2015 Page 54 of 106 TARRANT COUNTY ELECTION DAY POLLING LOCATIONS ORD 2015-16 Page 8 of 8 Town Council Minutes August 11, 2015 Page 55 of 106 ATTACHMENT D Ordinance No. 2015-17 Town Council Minutes August 11, 2015 Page 56 of 106 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-17 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB ("TOWN") TO BE HELD ON NOVEMBER 3, 2015 FOR THE PURPOSE OF SUBMITTING TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB TWO (2) PROPOSITIONS RELATING TO THE AMENDMENT OF THE HOME RULE CHARTER FOR THE TOWN AS MORE FULLY SET FORTH HEREIN; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING A JOINT ELECTION AGREEMENT WITH DENTON COUNTY; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 (a)(3) of the Texas Election Code (hereinafter the "Code") establishes the first Tuesday of November as a Uniform Election Date for the purposes of conducting a Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a Special Election; and WHEREAS, the Town Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 71st day before Election Day; and WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administration (the "Denton County Town Council Minutes August 11, 2015 Page 57 of 106 Elections Administrator") pursuant to an Election Services Contract (the "Contract"), an Interlocal Agreement by and among Denton County Elections Administration ("DCEA"), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit "A" upon its final approval and execution by the Town; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administration (the "Tarrant County Elections Administrator") pursuant to an Election Services Contract (the "Contract"), an Interlocal Agreement by and among Tarrant County Elections Administration ("TCEA"), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit "B"; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town's first Home Rule Charter was adopted by the residents of Trophy Club at an election held on Tuesday, November 3, 2004 (hereinafter "Charter") and was subsequently amended at an election held in May 2009 and May 2013; and WHEREAS, pursuant to Section 9.001 of the Texas Local Government Code and Article 11, Section 5 of the Texas Constitution, the Town is authorized to amend a municipal Charter; and WHEREAS, Council has determined it appropriate to submit two (2) proposed amendments initiated by Council, which were considered by Council at two open public meetings, to the qualified voters at the November 3, 2015 election (hereinafter "Proposed Amendments"), that date being more than two years after the adoption and/or amendment of the Town's Charter and a date is later than the 30th day after the adopting of this Ordinance; and WHEREAS, the Town Council finds Proposed Amendments covers one subject prepared to fairly and clearly apprise the Amendments; and that each proposition contained in the and that the ballot language provided is voters of the nature of the Proposed WHEREAS, the Town Council finds that upon the canvassing of the returns of the November 3, 2015 election, those propositions that are approved by a majority of the voters in accordance with state law, the Town's Home Rule Charter, this Ordinance and election order, shall be enacted as part of the Town's Home Rule Charter and such Charter provisions shall be enacted as set forth in this Ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: ORD 2015-17 Page 2 of 11 Town Council Minutes August 11, 2015 Page 58 of 106 SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION It is hereby ordered that a Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Tuesday, November 3, 2015 using a combined ballot. SECTION 3 PURPOSE OF ELECTION The purpose for the Joint Special Election is to hold an election on Measures, to wit: two (2) amendments to the Town's Home Rule Charter, adopted in 2004 as amended in 2009 and 2013, amendments having been initiated by the Town Council for the Town of Trophy Club. Voters shall be permitted to vote "For" or "Against" each of the Proposed Amendments. SECTION 4 BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" each proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: 4.01. PROPOSITION NO. 2: TERM LIMITS: AN AMENDMENT TO REPEAL SECTION 3.22 "TERM LIMITS" IN ITS ENTIRETY IN ORDER TO REMOVE THE CHARTER PROVISION THAT RESTRICTS A PERSON FROM HOLDING OFFICE AS MAYOR OR AS A COUNCILMEMBER FOR SUCCESSIVE FULL TERMS TOTALING MORE THAN SIX (6) YEARS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, Article III, Section 3.02 "Term Limits" of the Town Charter shall be ORD 2015-17 Page 3 of 11 Town Council Minutes August 11, 2015 Page 59 of 106 repealed in its entirety and the provision below will be removed from the Town's 2013 Amended Home Rule Charter. 3.22 Term Limits 4.02. PROPOSITION NO. 3: BUDGET, FINANCE AND TAXATION -SUBMISSION; AN AMENDMENT TO SECTION 9.02 "SUBMISSION" REPEALING THE LANGUAGE REQUIRING THAT THE TOWN MANAGER SUBMIT A PROPOSED BUDGET AND MESSAGE TO TOWN COUNCIL BEFORE AUGUST 1 OF EACH YEAR AND ADOPTING LANGUAGE REQUIRING THE SUBMISSION OF THE BUDGET AND MESSAGE EACH YEAR IN ACCORDANCE WITH STATE LAW REQUIREMENTS. [ ] FOR [ ] AGAINST If this Proposition is approved by the majority of voters voting on this Proposition at the Election, the first paragraph of Article IX, Section 9.02 "Submission" of the Town Charter shall be amended in accordance with the language as set forth below (revisions being voted upon noted with additions in bold and deletions with strike through) and all paragraphs and sections not specifically amended shall remain in effect as set forth in the Town's 2013 Amended Home Rule Charter: 9.02 Submission The Town Manager shall submit to the Council a proposed budget and accompanying message before the f� gday of August -of each year in accordance with the requirements of State law. SECTION 5 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit "C", a copy of which is attached hereto and incorporated herein. Exhibit "C" shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant ORD 2015-17 Page 4 of 11 Town Council Minutes August 11, 2015 Page 60 of 106 County residents upon announcement by the Denton County Elections Administrator and/or the Tarrant County Elections Administrator. Notwithstanding the foregoing, the early voting times and locations set forth in Exhibit "C" may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may only vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. The Denton and Tarrant County Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on Election Day. SECTION 6 ELECTIONS ADMINISTRATION 6.1 Denton County. The Denton County Elections Administrator, Lannie Noble, is hereby appointed as Denton County Early Voting Clerk for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "C" hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 6.2 Tarrant County. The Tarrant County Elections Administrator, Frank Phillips, is hereby appointed as Tarrant County Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in ORD 2015-17 Page 5 of 11 Town Council Minutes August 11, 2015 Page 61 of 106 accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit "C" hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit "C" hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 7 COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator respectively. E -slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance and in the November 3, 2015 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 3, 2015 election, the Denton County and the Tarrant County Elections Administrators shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. SECTION 8 EARLY VOTING In addition to the main early voting polling location, Town of Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County and Tarrant County throughout the County, such locations as listed in Exhibit "C" attached hereto, as may be modified and updated by each Elections Administrator. SECTION 9 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. SECTION 10 ELECTION RETURNS The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code ORD 2015-17 Page 6 of 11 Town Council Minutes August 11, 2015 Page 62 of 106 for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. SECTION 11 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the Election. SECTION 12 CANVASS OF ELECTION Pursuant to Section 67.003 of the Texas Election Code, the Town Council will canvass the election not earlier than November 11, 2015 and not later than November 16, 2015. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 13 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. SECTION 14 SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. ORD 2015-17 Page 7 of 11 Town Council Minutes August 11, 2015 Page 63 of 106 SECTION 15 ELECTION CONTRACTS The Town Manager or the Town Manager's designee is authorized to amend or supplement any and all contracts for the administration of the November 3, 2015 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County and/or Tarrant County Elections Administrator. Upon approval by the Town Council, a joint election agreement between the Town and the Denton County Elections Department shall be incorporated herein by reference as Exhibit "A". Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit "B". SECTION 16 ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 17 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 11th day of August, 2015. Town of Trophy Club, ORD 2015-17 C. Nick Sanders, Mayor Town of Trophy Club, Texas APPROVED AS TO FORM: jahil Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Page 8 of 11 Town Council Minutes August 11, 2015 Page 64 of 106 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Incorporated By Reference ORD 2015-17 Page 9 of 11 Town Council Minutes August 11, 2015 Page 65 of 106 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference ORD 2015-17 Page 10 of 11 Town Council Minutes August 11, 2015 Page 66 of 106 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, October 19 8:00 a.m. — 5:00 p.m. Tuesday, October 20 8:00 a.m. — 5:00 p.m. Wednesday, October 21 8:00 a.m. — 5:00 p.m. Thursday, October 22 8:00 a.m. — 5:00 p.m. Friday, October 23 8:00 a.m. — 5:00 p.m. Saturday, October 24 8:00 a.m. — 5:00 p.m. Monday, October 26 8:00 a.m. — 5:00 p.m. Tuesday, October 27 8:00 a.m. — 5:00 p.m. Wednesday, October 28 8:00 a.m. — 5:00 p.m. Thursday, October 29 7:00 a.m. — 7:00 p.m. Friday, October 30 7:00 a.m. — 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, October 19 8:00 a.m. — 5:00 p.m. Tuesday, October 20 8:00 a.m. — 5:00 p.m. Wednesday, October 21 8:00 a.m. — 5:00 p.m. Thursday, October 22 8:00 a.m. — 5:00 p.m. Friday, October 23 8:00 a.m. — 5:00 p.m. Saturday, October 24 7:00 a.m. — 7:00 p.m. Sunday, October 25 11:00 a.m. — 4:00 p.m. Monday, October 26 8:00 a.m. — 5:00 p.m. Tuesday, October 27 8:00 a.m. — 5:00 p.m. Wednesday, October 28 8:00 a.m. — 5:00 p.m. Thursday, October 29 7:00 a.m. — 7:00 p.m. Friday, October 30 7:00 a.m. — 7:00 p.m. ORD 2015-17 Page 11 of 11 Town Council Minutes August 11, 2015 Page 67 of 106 ATTACHMENT E Ordinance No. 2015-19 P&Z Town Council Minutes August 11, 2015 Page 68 of 106 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-19 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING A CONDITIONAL USE PERMIT FOR A WASTEWATER TREATMENT FACILITY LOCATED ON AN APPROXIMATE 6.587 ACRE TRACT IN THE MARY MEDLIN SURVEY, ABSTRACT 832, ZONED GOVERNMENTAL USE (GU); PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING CONDITIONS APPLICABLE TO USE; PROVIDING THAT SUCH TRACT OF LAND SHALL ALSO BE USED IN ACCORDANCE NTH THE REQUIREMENTS OF THE COMPREHENSIVE ZONING ORDINANCE AND ALL OTHER APPLICABLE ORDINANCES OF THE TOWN; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONSIDISCONTINUATIONIREVOCATION; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENTAND ENROLLMENT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the applicant seeks to expand the existing wastewater treatment facility on the subject property; and WHEREAS, all legal notices, requirements and conditions having been complied with, the Conditional Use Permit came before the Planning and Zoning Commission; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: T&i UXklb tR August 11, 2015 Page 69 of 1061 SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. CONDITIONAL USE PERMIT CONDITIONS 2.01. A Conditional Use Permit (CUP) for a wastewater treatment facility located on an approximate 6.587 acre tract in the Mary Medlin Survey, Abstract 832 and further described in Exhibit "A", a copy of which is attached hereto and incorporated herein, is hereby approved as set forth herein, and the CUP and the use for which it is granted is subject to all Applicable Regulations and to the following conditions: A. The wastewater treatment facility use granted by this CUP shall be confined to, and located wholly within, the approximate 6.587acre site as shown on the attached Exhibit «A„ SECTION 3. APPLICABLE REGULATIONS/DISCONTINUATION/REVOCATION In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town, including without limitation regulations governing the GU - Government Use district. The Conditional Use Permit granted by this Ordinance shall control in cases of conflict between this Ordinance and/or the Comprehensive Zoning Ordinance. The Conditional Use Permit granted hereby shall discontinue if the use for which this Conditional Use Permit is granted ceases to be operated at the permitted location for a minimum period of six (6) months. Further, this Conditional Use Permit shall be subject to revocation in accordance with the Town's Comprehensive Zoning Ordinance. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to TO' 39PA-A tV August 11, 2015 Page 70 of 1062 be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 5. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section 52.011 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 by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. TdW'rl"GOA-00M August 11, 2015 Page 71 of 1063 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 11th day of August, 2015. 62----; �/-- — C. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: Holly Fimbre , Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: '4 vL40,9n,",� Patricia A. Adams, Town Attorney Town of Trophy Club, Texas [SEAL] TPA C;bl7ric rft/tfnW August 11, 2015 Page 72 of 1064 Exhibit "A" BEING a 6.587 acre (286,927 square feet) tract of land situated in the Mary Medlin Survey, Abstract No. 832 in the Town of Trophy Club, Texas, and being that certain called 6.031 acre tract of land as described in a Special Warranty Deed to the Trophy Club Municipal Utility District No. 1, as recorded in Volume 3419, Page 827 of the Real Property Record of Denton County, Texas (R.P.R.D.C.T.), and that certain called 0.558 acre tract of land described in a Warranty Deed to Denton County Municipal Utility District No. 1, (DCMUD tract) as recorded in Volume 791, Page 45 al the R.P.R.D.C.T., with said 6.587 acre (286,927 square feet) tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found with a plastic cap stamped 'McCULLAH SURVEYING", marking an angle point in a southerly line of that certain called 3.996 acre tract described in Document No. 2013-12709 of the Official Record of Denton County, Texas (O.R.D.C.T.), being common with the northwest corner of Lot 1, Block A of Golf Maintenance Facility Addition, an addition to the Town of Trophy Club, Denton County, Texas, according to the plat thereof recorded in Volume X, Page 813 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the northeast corner of the said 6.031 acre tract; THENCE South 18 degrees 37 minutes 18 seconds East, traveling with the common east line said called 6.031 acre tract and the west line of Lot 1, Block A, and continuing along the west line of Lot 2, Block A, a distance of 500.00 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "THE WALLACE GROUP ("cap") marking the common the southeast corner of this tract and the called 6.031 acre tract and the northeast corner of Lot 3, Block A of the Golf Maintenance Facility Addition; THENCE South 71 degrees 22 minutes 42 seconds West, departing the west line of Lot 2, Block A and traveling along the common south line of the called 6.031 acres tract and the north line of Lot 3, Block A, a distance of 575.00 feet to a 1/2 inch iron rod found with o plastic cap stamped 'McCULLAH SURVEYING" marking the common southwest corner of the called 6.031 acre tract and the northwest corner of Lot 3, Block A, with said point also being in the present easterly line of the remainder of Tract E -401A as described in a Judgment to the United States of America, as recorded in Volume 380, Page 149 - R.P.R.D.C.T., and also described in a Quit Claim Deed from the United States of America to R.D. Busby, as recorded in Volume 462, Page 422 R.P.R.D.C.T.; THENCE North 18 degrees 39 minutes 48 seconds West traveling with the common west line of the called 6.031 acre tract and the DCMUD tract and the east line of the remainder of Tract E -401A, a distance of 468.55 feet to a 5/8 inch iron rod set with "'cap "marking an angle point in said common line; THENCE North 28 degrees 41 minutes 08 seconds East, along a westerly line of said called 6.031 acre tract and an easterly line of said Tract E -401A, a distance of 47.69 feet to a 1/2 inch iron rod found with o plastic cap stamped 'McCULLAH SURVEYING" marking the common most northerly northwest corner of the called 6.031 acre tract and the southwest corner of the aforementioned called 3.996 acre tract; THENCE North 71 degrees 19 minutes 47 seconds East along the common north line of said called 6.051 acre tract and said south line of said called 3.996 acre tract, a distance of 541.77 feet to the POINT OF BEGINNING. CONTAINING within the metes recited 6.587 acres (286,927 square feet) of land, more or less. TWi UN&fMUiM August 11, 2015 Page 73 of 1065 Exhibit "A" continued for `mi»�a u m 5.587 ACRESN O 0" 'A"' a*0F 286,927 SQ. FT. " ��`iaar.na tm 4 VI—L Im %�\ ± tar! WMMURY "LLS `�� 2t �t' 0 ::! urr ,•p Ji• •a0. M0FMAKf0A 1 aLN i--- x AW•apart oona a "�,.�ora" DOW V1a6t S1 Iar A •mc a TOWiYC;Ol7Y7AtVn M? August 11, 2015 Page 74 of 1066 � � � 1 1 1 11 Z IIATU A .,1 or aa°A bra as m i rk I -L 1 C aC' 1[Ll X0.0! InR mIM'f w" •oam.n� •OL M09m" ra><�orr �IVI Lim Exhibit "A" continued for `mi»�a u m 5.587 ACRESN O 0" 'A"' a*0F 286,927 SQ. FT. " ��`iaar.na tm 4 VI—L Im %�\ ± tar! WMMURY "LLS `�� 2t �t' 0 ::! urr ,•p Ji• •a0. M0FMAKf0A 1 aLN i--- x AW•apart oona a "�,.�ora" DOW V1a6t S1 Iar A •mc a TOWiYC;Ol7Y7AtVn M? August 11, 2015 Page 74 of 1066 ATTACHMENT F Revised Preliminary Plat Town Council Minutes August 11, 2015 Page 75 of 106 pp e 8 §j�~ p F-1¢i ��w = & s e JWr=V.p��; z as Ba s: boll >p; aZ«� mai€ s e ZoawpioZ 5 $ a2f5ww x k 7 ' oe' k;a�a ;G f Z — < .0g3 ZYHO g o Ne'�y� u�.o y�gguca S@ SEN a J3 U ? R, oiC u_uu¢u6 N ) - a � a y S 58 �Jmpp gF �c II 6i3 ' a as e co '?f j Z N obp a VpZLa, _ N a R Z'1LLL O 0y I�aa 3F� a va .re's Y\ 5 z f a rr, s 6 TM 3v §pia' 3f �I ;_ey �eea? t9p iQ' �O'G F�dae^� 2 , r - ' ► � � ''yy"" I FIl.e a k1a3d�: `N �'F e te.}9.48 .a ATTACHMENT G TCMUD No. 1 Preliminary Plat Presentation Town Council Minutes August 11, 2015 Page 77 of 106 0 z 0 z w Q w ry 11 ru n E O V V cz ru Q O N V n3 N s wL v s Ln L is � a, � w � x m a v V s a, z a, a � ro ro Y .o � ro .� N V c O c �> O V1 L F-- 11 ru n E O V V cz ru Q O N V n3 N s wL v s Ln L is � a, � w � x m a v V i ro O ro _0 V O ro Ln C: O �u Ln O +- � V X N > r6 - 4-J s O 0- ateJ O c- •N ro .-J V U, L Ln aJ — Ln a) p F-ro 'O O N +' L – al -, CY1 L C � — j O_ D � _ � N V In O L L � M ro O— r6 -0 O ro0 Q Q)rq U C) ro In 4-j L- C aO --+ w 4-JDIn U a ) E E 4-J Q1 Ln p ro 0 ro (U 'LnQJ a , L O O ro u1 O 0 :Di O aJ p E �, c ro ro Ql N C: ruX Ln v +-j .a1 �-I Ln V L > ro Ln4-ju L O t dl �' m v ro L ro v v� Lnra E ro ru ru ro 5 v O a) m I— s D LU w d LU ry L W V z Q ry C a 0 N d m t9 MERL a / O ro N O_ O L N rC - � v ror m L O 4- d Q v -rj ro/ ro 4 v — ~ - 4-- 4- _0 O ro E Ln4- N • N ro ro O 4- i ro FO .0 ra E O iJ N �+—ru O N al �^ u v L ro ruN L fa _0 = ro Q O +j Ln - Ln +j O C ru ro In m n N Lnv >.- v - > _0 > _0 L Ln ru V) _0 v ro _0 a' a, O v 4J Ln v w V) O .Ln Ln — cr O X W X W D m = a_ 4J ry L n V OD �- s� S j( •�k .�/ .,'ti.{ .yam ( d .!l i f �r l ry ` l r ��'rc''� •. ti - r:.1�1; + dil y't t o �, Yy 1 �f` (�' a' N ` 1 s;Ilp pO. 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Y '.+N 'L�t r�,ff; i ui t�:r•T y�. - rY r • ]'fig ,.�-\� y.� . #r G i 0 L Vf s +� 0 +� a� 0 L a a� .� 0 a� Q Q J 0 0 0 r, C O U c H V i m 4-+ i W m I-.7 ATTACHMENT I Ordinance No. 2015-18 Town Council Minutes August 11, 2015 Page 102 of 106 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2015-18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE II, ENTITLED "TRAFFIC AND VEHICLES" OF CHAPTER 10, ENTITLED "PUBLIC SAFETY", SECTION 2.03, "TRAFFIC CONTROL DEVICES", SUBSECTION C, PARAGRAPH 2(a) BY ADDING PARAGRAPH 2(a)(iii) RESTRICTING U-TURNS ALONG PARKVIEW DRIVE BETWEEN PARK LANE AND THE ENTRANCE TO THE TROPHY CLUB COMMUNITY POOL PARKING LOT DURING POSTED SCHOOL HOURS AND AMENDING ARTICLE 11, ENTITLED "TRAFFIC AND VEHICLES" OF CHAPTER 10, ENTITLED "PUBLIC SAFETY", SECTION 2.05, "PARKING", SUBSECTION B, PARAGRAPH 1(g) AND PARAGRAPH 1(h) TO DESIGNATE NO PARKING ZONES ON THE EAST AND WEST SIDES OF PARKVIEW DRIVE BETWEEN PARK LANE AND BOBCAT BOULEVARD DURING DESIGNATED HOURS ON SCHOOL DAYS, OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, due to traffic patterns and differences in drop off and pick up times at different schools within the Town, Staff has identified the need to restrict U-turns along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot entrance during posted school hours; and WHEREAS, in order to maintain adequate passage for emergency vehicles and to maximize traffic safety and visibility, Town staff has identified locations for which it is necessary to designate a NO PARKING zone; and WHEREAS, due to traffic patterns and differences in drop off and pick up times at different schools within the Town, Staff has identified the need to change the time Town Council Minutes August 11, 2015 Page 103 of 106 frames for the parking prohibitions on Parkview Drive, between Park Lane and Bobcat Boulevard on school days; and WHEREAS, the Town Council determines that regulating parking in certain areas within the Town will increase visibility and further the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Article II entitled, "Traffic & Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.03, entitled "Traffic Control Devices", Subsection C, Paragraph 2, entitled "Location" by adding Paragraph 2(a)(iii), so that Paragraph 2(a)(iii) shall be and read in its entirety as follows: 2. Location a. U -Turn signs shall be erected at the following locations and such locations are hereby designated as prohibited U -Turn locations. The prohibited locations of U -Turns shall be as follows: "iii. Along Parkview Drive between Park Lane and the entrance to the Trophy Club Community Pool parking lot entrance. This prohibition applies only during posted school hours." 2.02 Article II entitled, "Traffic & Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.05, entitled "Parking", Subsection B, Paragraph 1(g) and Paragraph 1(h), so that Paragraph (1)(g) and (1)(h) shall be and read in their entirety as follows: B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: ORD 2015-18 Page 2 of 4 Town Council Minutes August 11, 2015 Page 104 of 106 "g. Along the East and West sides of Parkview Drive from Park Lane to 500 Parkview Drive between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 2:30 p.m. and 3:30 p.m. on school days; h. Along the East and West sides of Parkview Drive from 500 Parkview Drive to Bobcat Boulevard between the hours of 7:00 a.m. and 9:30 a.m. and between the hours of 4:00 p.m. and 5:00 p.m. on school days." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the vehicle parking regulations and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. ORD 2015-18 Page 3 of 4 Town Council Minutes August 11, 2015 Page 105 of 106 SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 11th day of August, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: aF -' Ropy` ±O Holly Fi br s, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: \v��U���� AAY 1, Patricia A. A ams, Town Attorney Town of Trophy Club, Texas ORD 2015-18 Page 4 of 4 Town Council Minutes August 11, 2015 Page 106 of 106