Minutes TC 01/13/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, January 13, 2015 at 6:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, January 13, 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 arrived 6:52 pm
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Mike Slye
Town Manager
Stephen Seidel
Assistant Town Manager
Patricia Adams
Town Attorney
Tammy Ard
Interim Town Secretary
April Reiling
PIO/Marketing Manager
Patrick Arata
Police Chief
Matt Jones
Senior Planner
Adam Adams
Parks & Recreation Director
Ed Helton
Street Services Director
Danny Thomas
Fire Chief
John Zagurski
Budget Analyst
Mayor Sanders announced the date of Tuesday, January 13, 2015 called the Town Council to order and announced
a quorum at 6:03 p.m.
WORKSHOP SESSION
1. Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 13,
2015.
2. Discussion of Agenda Items posted for consideration on the upcoming Regular Session Council Agenda for
the January 27, 2015 meeting.
Council Member Parrow requested the third item on the workshop 'Consider and take appropriate action
regarding general signage on poles and painted on road beds' be deferred to a February meeting because Council
Member Parrow would like to meet with Chief Arata and go over some details and use Chief Arata's input to help
prepare the presentation.
January 13, 2015 Town Council Minutes Pagel of 46
Council Member Parrow questioned if the workshop agenda item 'Review and provide input direction to staff
regarding the Handbook for elected and appointed officials' would be added to the regular session as well as the
workshop session in order to take action. Council indicated they would like it on both the workshop and regular
session for the January 27, 2015 meeting.
Mayor Pro Tem Lamont requested we add the baseball contract for the fall schedule and the schedule of
tournament fees. Town Manager Slye and Mayor Sanders asked if we could add this to the future agenda list as
the agenda is already full for the January 27, 2015 meeting.
Mayor Sanders question future agenda item #8 'Consider and take appropriate action regarding parking on
Parkview and options for Police Department mitigation. (Rowe 9/9/2014) (1 -Jan 13)' why it was not added to the
agenda for tonight. Town Manager Slye noted all future agenda items were pulled from discussion tonight so that
the Council could focus on the sign ordinance. Mayor Sanders requested future agenda item #8 be added to the
January 27, 2015 agenda.
Review and provide input and direction to Staff and the Planning and Zoning Commission regarding
amendments to the Sign Ordinance.
The Town Council reviewed the Sign Ordinance and discussed various sections, types of signs, placement of signs,
and focused primarily on election signage. Council tabled further discussion to the next regular Council meeting to
discuss Sport Field sponsorship signage and real estate signage.
Chuck Hall, 19 Lakeview Drive addressed the Council regarding sponsorship signage in the out fields. Mr. Hall is
involved with BNHS baseball and encouraged Council to examine allowing advertising signage on the interior of the
outfield fencing and scoreboard of the high school baseball fields and the local youth league fields.
CONVENE INTO REGULAR SESSION - START TIME — 7.12 P.M.
The Invocation was offered by Adam Adams.
The Pledges were led by Stephen Seidel.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
4. Consider and take appropriate action regarding the Minutes dated November 13, 2014.
S. Consider and take appropriate action regarding the Minutes dated December 29, 2014.
6. Consider and take appropriate action regarding the Minutes dated January 5, 2015.
January 13, 2015 Town Council Minutes Page 2 of 46
7. Consider and take appropriate action regarding financial and variance report dated November 2014.
8. Consider and take appropriate action regarding an Interlocal Cooperation Agreement between the Town
and Denton County for Ambulance Services to Denton County residents.
9. Consider and take appropriate action regarding an Interlocal Agreement between the Town and Northwest
Independent School District for the use of Lakeview Soccer Complex; providing terms and conditions of use,
and authorizing the Mayor or his designee to execute necessary documents.
Mayor Sanders requested to remove item #9 from the consent agenda for further discussion.
Agenda item #9 — Council was provided a corrected version of the contract at the dais tonight. The corrected
version has been sent to NISD for their approval.
AttachmentA— Corrected version of Interlocal Agreement between the Town and Northwest Independent School
District for the use of Lakeview Soccer Complex as presented at the dais
Correction on the Interlocal Agreement
Section 1.
Term/Termination. The initial term of this Agreement shall be for a period of one -(1) year,
commencing on October 1, 2014 and ending on September 30, 2015, unless sooner
terminated. Following the initial term, this Agreement shall automatically -renew for twenty
five (25) additional terms of one (1) year each. the f...-egein ^;+h paFty
shall have the Fight te teFFnin-ate this Ile -ase -H-Pen sixty (60) days pFieF wFitten Retiee.
This interlocal agreement represents is an extension of an existing agreement we have had for the last ten (10)
years it expired October 1, 2014. We no longer have a lease of this property for the purpose of providing soccer
fields.
Motion made by Council Member Rowe, seconded by Council Member Reed to approve the Interlocal Agreement
between the Town and Northwest Independent School District for the use of Lakeview Soccer Complex as
amended at the dais.
Motion to amend
Motion to amend made by Mayor Sanders, seconded by Council Member Shoffner item 1 C to add the words 'Or
larger amount if Town elected to spend such funds' after ($200,000.00).
From Interlocal Agreement between the Town and Northwest Independent School District for the use of Lakeview
Soccer Complex
1. Land Subject to Agreement /Term /Termination.
c. Town Improvements to Lakeview Field. Town agrees to make various improvements to and for the
benefit of Lakeview Field in an amount not to exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00), Such improvements are necessary in order to put Lakeview Field in a condition adequate
for youth soccer play. Town understands that during the term of this Agreement, NISD may move forward
with plans to expand existing school facilities and/or to construct new school facilities upon Lakeview
Field or adjacent to Lakeview Field in such a manner as to diminish or otherwise adversely impact Town
improvements and/or use of Lakeview Field, including but not limited to eliminating or reducing the
functionality of one (1) or more soccer fields, NISD agrees that it shall notify Town in writing of its plan to
expand and/or to construct new facilities upon or adjacent to Lakeview Field as soon as practicable after
NISD has made the determination to proceed with such construction or expansion, but in no event shall
such notice be given by NISD to Town less than one -hundred and eighty (180) days prior to the
commencement of such expansion or construction by NISD.
Amendment according to the motion:
January 13, 2015 Town Council Minutes Page 3 of 46
1. Land Subject to Agreement /Term /Termination.
c. Town Improvements to Lakeview Field. Town agrees to make various improvements to and for the
benefit of Lakeview Field in an amount not to exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00), Or larger amount if Town elected to spend such funds. Such improvements are necessary in
order to put Lakeview Field in a condition adequate for youth soccer play. Town understands that during
the term of this Agreement, NISD may move forward with plans to expand existing school facilities and/or
to construct new school facilities upon Lakeview Field
Motion to Amendment the amended motion
Motion to amend the amendment made by Council Member Reed, seconded by Council Member Rowe to change
the $200,000 to $300,000 and strike through Or larger amount if Town elected to spend such funds added by
Mayor Sanders.
Amendment according to the amended motion:
1. Land Subiect to Aizreement /Term /Termination.
c. Town Improvements to Lakeview Field. Town agrees to make various improvements to and for the
benefit of Lakeview Field in an amount not to exceed P.40- HUNDRED THAIUIP) ND NQ10n D 11 nuc
AS
($299,999.99), Or- iG - Gn9eunt 4T -e .,oq „iecate4 to 94 s ,,.ti 44o4s Such improvements are necessary in
order to put Lakeview Field in a condition adequate for youth soccer play. Town understands that during
the term of this Agreement, NISD may move forward with plans to expand existing school facilities and/or
to construct new school facilities upon Lakeview Field
Motion to amend the amended motion passed unanimously.
Motion to amend
Motion passed unanimously.
Motion to amend
Motion made by Mayor Sanders, seconded by Council Member Shoff ner to add 'or the actual amount spent by the
Town if it is less' after the $300,000 and to change the wording on attachment A to reflect the same.
Amendment according to the amended motion:
1. Land Subject to Agreement /Term /Termination.
c. Town Improvements to Lakeview Field. Town agrees to make various improvements to and for the
benefit of Lakeview Field in an amount not to exceed T`4Q HI ininoI�n THQI icnnin nnin 1119/199 [)91-1-4-M
($299,999.99), n.- G- P+ 4T -G ..., „i,,,.+, 4 +„ speo94-4w4+4u444-rTHEREE HUNDRED THOUSAND AND
NO/100 DOLLARS ($300,000) 'or the actual amount spent by the Town if it is less' Such improvements are
necessary in order to put Lakeview Field in a condition adequate for youth soccer play. Town understands
that during the term of this Agreement, NISD may move forward with plans to expand existing school
facilities and/or to construct new school facilities upon Lakeview Field
Motion to amend passed unanimously.
Main Motion as amended passed unanimously.
Attachment 8 - Partially Executed Interlocal Agreement between the Town and Northwest Independent School
District for the use of Lakeview Soccer Complex
10. Consider and take appropriate action regarding an Ordinance of the Town, appointing a presiding judge and
an alternate judges for the Trophy Club Municipal Court of Record No. 1.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
items# 4, 5, 6, 7, 8 and 10.
Motion passed unanimously.
January 13, 2015 Town Council Minutes Page 4 of 46
REGULAR SESSION
11. Receive overview of pending Stage 2 Water Restrictions from Jennifer McKnight, General Manager Trophy
Club Municipal Utility District No. 1; discussion of same.
Trophy Club Municipal Utility District No. 1 General Manager Jennifer McKnight provided a presentation indicating
that within the next 30 days Trophy Club Municipal Utility District No. 1 anticipates entering Stage 2 water
restrictions. No firm date is set at this time. The plans are designed as an emergency response to a water shortage
and stage 2 is triggered by a regional issue due to lake levels being below 60% capacity. Stage 2 affects all Tarrant
Regional Water District (TRWD) customers and Trophy Club Municipal Utility District No. 1 has set a goal of water
reduction to a minimum of 10%. In order to move back to stage 1, the combined reservoir capacity will have to
reach 75% or the combined reservoir capacity reaches 70% for 30 consecutive days.
The major impact to watering restrictions is that outdoor irrigation with sprinklers is restricted to once (1) per
week watering for all customers.
The Town Council asked various questions. Trophy Club Municipal Utility District No. 1 will advise the Town
Council, Town Manager and Fire Chief upon notification of stage 2 effective date. All forms of communication will
be used to alert residents and Trophy Club Municipal Utility District No. 1 customers.
Attachment C — Stage 2 Drought Plan Presentation
No action taken, information only.
12. Consider and take appropriate action regarding a Proclamation proclaiming January 21, 2015 as Julia
Michelotti Day in Trophy Club.
Council Member Parrow read Proclamation 2015-02 proclaiming January 21, 2015 as Julia Michelotti Day in Trophy
Club.
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2015-02
proclaiming January 21, 2015 as Julia Michelotti Day in Trophy Club.
Motion passed unanimously.
13. Consider and take appropriate action regarding Citizens Financial Advisory Board (CFAB) review of Trophy
Club Park and recommendations regarding the operation of the Park; and provide Council direction on
prioritized projects.
Kathy Carlton Vice President of CFAB spoke on behalf of the Citizens Financial Advisory Board with the boards
three (3) recommendations to Council:
1. Based on aesthetic and financial information presented to the Citizens Financial Advisory Board, by both
internal and external sources, it is the Board's recommendation to Council that Trophy Club Park is financially
viable.
Made a recommendation to Council that a minimum $3.00 per horse entry fee be put in place at Trophy Club
Park.
Made a recommendation to Council that the Parks Department conduct a fee study of Trophy Club Park fees.
The Town Council asked various questions of Kathy Carlton Vice President of CFAB and Adam Adams, Parks &
Recreation Director.
Council would like CFAB to hold off on the Police Department Salary true up process for now and focus on the task
at hand, the Parks RFP.
January 13, 2015 Town Council Minutes Page 5 of 46
Council took a short recess at 8:49 p.m.
Council reconvened at 8:59 p.m.
14. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-36 and adopting
a new Resolution to fill a vacancy for the remainder of an unexpired term on the Board of Directors of the
Trophy Club Economic Development Corporation 4B; reaffirming existing appointments; and providing an
effective date.
Economic Development Corporation 4B
1. Rebecca Shuman (2015)
2. Sean Weaver (2015)
3. Sean Bone (2015)
4. Greg Wilson (2015)
5. Eric Jensen (2016)
6. David Brod (2016)
7. Gerald Rapp (2016)
Motion made by Council Member Kurtz seconded by Council Member Parrow, to approve Resolution 2015-01
appointing Sean Bone to Economic Development Corporation 4B term to expire in 2015 and reaffirming all others.
Motion carried 6-1-0 with Mayor Pro Tem Lamont, Council Member Parrow, Council Member Reed, Council
Member Rowe, Council Member Shoffner and Council Member Kurtz voting for and Mayor Sanders voting against.
15. Consider and take appropriate action regarding a Resolution repealing Resolution No. 2014-38 and adopting
a new Resolution to fill a vacancy for the remainder of an unexpired term on the Trophy Club Parks &
Recreation Board; reaffirming existing appointments; and providing an effective date.
Parks & Recreation Board
1. Darin Davis (2017)
2. Chris McCollister (2017)
3. David Stout (2017)
4. David Abdulky (2015)
5. Earl Bilbrey (2015)
6. Hayley Little (2015)
7. Julie Folley (2015)
8. James Hanna (2016)
9. Louis Hocker (2016)
10. Tom Mills (2016)
11. Dean Murray (2016)
Council Liaison —Council Member Philip Shoff ner
Motion made by Council Member Rowe, seconded by Council Member Parrow, to approve Resolution 2015-02
repealing Resolution No. 2014-38 and adopting a new Resolution appointing Earl Bilbrey to serve on the remainder
of an unexpired term on the Trophy Club Parks & Recreation Board term expiring 2015 and reaffirming all others.
Motion passed unanimously.
January 13, 2015 Town Council Minutes Page 6 of 46
16. Consider and take appropriate action regarding a Proclamation recognizing January 17, 2015 as Founder's
Day in Trophy Club and celebrating the 30th Anniversary of the Town's incorporation.
Council Member Parrow read Proclamation 2015-01 recognizing January 17, 2015 as Founder's Day in Trophy Club
and celebrating the 30th Anniversary of the Town's incorporation
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation 2015-01.
Motion passed unanimously.
** Agenda item #17 moved after agenda item #13
17. Consider and take appropriate action to authorize the expenditure of an amount not to exceed $1,500 for
the purpose of the Founders Day Event kicking off the Town's 30th Anniversary Founders Day festivities.
Susan Edstrom, Chair of the 30th Anniversary Committee updated the Council that the Founder's Day event has
sold out of tickets and many dignitaries will be in attendance; and spoke about the Town's 30th Anniversary
Founders Day festivities.
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to allocate $3,000 for the purpose
of the Founders Day Events.
Motion passed unanimously.
18. Consider and take appropriate action regarding a request of a Site Plan for Lot 2, Block 1, Trophy Club
Village Centre, Trophy Club, TX.
Matt Jones, Senior Planner explained the property owner is requesting site plan approval for an 8,711 sq ft medical
office building, which meets all development regulations and compliance standards. Staff recommends that:
• entryways must be recessed a minimum of 4'
• all trees be a minimum of 3" caliper at time of planting
• plantings intended to provide screening from parking shall be a minimum of 24" in height at time of planting
• Monument signs be a maximum of 8' in height
Dennis Sheridan Planning & Zoning (P&Z) Chairman provided an overview of the P&Z activity and Town Council
asked various questions.
Main motion
Motion made by Council Member Reed, seconded by Council Member Rowe, to approve the site plan presented
with the exception of recessing the two (2) rear entry doors per the PD to match the other doors.
Amend motion
Motion to amend made by Mayor Sanders, seconded by Council Member Rowe to approve the site plan with the
exception of recessing the two (2) rear entry doors as per the plan development specifications and allow the
flexibility to adjust the entry ways that were described by the applicant to satisfy his square footage requirements
if needed.
Amended motion passed unanimously.
Main motion as amended
Motion passed unanimously.
19. Consider and take appropriate action regarding a request of a Preliminary Plat for Wonderland Plaza
Addition, Block A (4.52 acres), being situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy
Club, Denton County, Texas, and being located in Planned Development No. 27.
January 13, 2015 Town Council Minutes Page 7 of 46
Matt Jones, Senior Planner explained this is a request for a preliminary plat, final plat and site plan all part of this
phase. This request has been reviewed and complies with PD regulations.
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve the Preliminary Plat for
Wonderland Plaza Addition, Block A.
Motion passed unanimously.
20. Consider and take appropriate action regarding a request of a Final Plat for Wonderland Plaza Addition,
Block A (4.52 acres), being situated in the Joseph Henry Survey, Abstract No. 529, Town of Trophy Club,
Denton County, Texas, and being located in Planned Development No. 27.
Motion made by Council Member Reed, seconded by Council Member Parrow, to approve the final plat for
Wonderland Plaza Addition, Block A.
Motion passed unanimously.
21. Consider and take appropriate action regarding a request of a Site Plan of proposed Lots 1 and 2, Block A,
Wonderland Plaza Addition, Trophy Club, TX.
Matt Jones, Senior Planner explained the property owner requesting site plan approval of an 18,052 sq ft
Montessori school and 17,272 sq ft restaurant/retail space and development, which will be located on Bobcat
Drive between the LDS Church and Independence Park East/Parkview. Both buildings will be constructed at one
time.
Staff is recommending approval with the following conditions:
• All parking stalls shall have a minimum depth of 18'.
• The head -in parking facing the ballpark shall provide screening; live screening must be a minimum of 24" at
the time of planting as to provide a continues hedge.
Other issues being addressed:
• No parking signs on Bobcat Blvd.
• Restriping Bobcat Blvd. to accommodate the Site Plan
• Crosswalk on Bobcat Blvd. to the Byron Nelson High School sidewalk
• No signs are part of this approval
• Complete the sidewalk with the first construction project
• Parking to be corrected to meet code
• Fence between the retail and the Parks Department only if required by zoning code
• Landscape sheet correction as noted to the applicant
• Fire lane: confirm where and how it is going to service the full Montessori school and show it on the Site Plan
• Show a proposed access easement between the parking lot at the front of the property to the LDS Church on
the east side.
Original motion
Motion made by Mayor Sanders, seconded by Mayor Pro Tem Lamont, to approve the site plan proposed for lots 1
and 2 with the exception that a rod iron fence be erected to replace the chain link fence.
Motion carried 4-3-0 with Mayor Sanders, Mayor Pro Tem Lamont, Council Member Rowe, and Council Member
Shoff ner, voting for and, Council Member Kurtz, Council Member Parrow and Council Member Reed voting against.
Amended motion
Motion made by Council Member Reed, seconded by Council Member Parrow to amend the motion to require the
developer to install the latest crosswalk flashers.
January 13, 2015 Town Council Minutes Page 8 of 46
Motion carried 4-2-0 with Mayor Pro Tem Lamont, Council Member Shoffner, Council Member Kurtz, Council
Member Reed and Council Member Parrow voting for and Mayor Sanders and Council Member Rowe voting
against.
Council Member Shoffner seconded by Council Member Rowe to offer to the developer a gate or access from the
ball fields on the southwest corner.
Motion passed unanimously.
** Agenda item #22 moved after agenda item #11
22. Consider and take appropriate action to authorize the expenditure of an amount not to exceed $5,000 for
the purchase of the initial inventory of No Soliciting signs.
Chief Arata spoke on behalf of Trophy Club Emergency Volunteer Association (TCEVA) as they are requesting these
funds and providing a brief overview of the No Solicitation Sign program.
Motion made by Council Member Shoffner, seconded by Mayor Pro Tem Lamont, to approve an amount not to
exceed $5,000 for the purchase of the initial inventory of No Soliciting signs.
Motion passed unanimously.
23. Consider and take appropriate action regarding the purchase and installation of flashing crosswalk lights for
crosswalks at seven (7) locations within the Town, authorizing an expenditure in an amount not to exceed
$48,163; and authorizing the Mayor or his designee to execute necessary documents.
Motion made by Council Member Shoffner, seconded by Council Member Reed, to approve the purchase and
installation of flashing crosswalk lights for crosswalks at seven (7) locations within the Town, with the addition of
one more flashing crosswalk light in front of the Beck property.
Motion passed unanimously.
Amended motion
Motion made by Council Member Shoffner, seconded by Council Member Reed, to approve the purchase and
installation of flashing crosswalk lights for crosswalks at eight (8) locations (with the addition of one in front of
Beck property), not to exceed $53,163.
Motion passed unanimously.
24. Town Council Liaison Updates; discussion of same.
* Parks & Recreation Board, December 15, 2014
Council Liaison - Council Member Shoffner
* EDC 4B, January 5, 2015
Council Liaison - Council Member Rowe
No action taken, update only.
25. Town Manager Slye's update regarding the following; discussion and provide input regarding same.
• RFP for Parks turned over to Citizens Financial Advisory Board (CFAB)
• Financial Update - Police Department
$15,000 transferred from salaries to the overtime line
Town Manager Slye updated the Council and addressed questions; no action taken, update only.
January 13, 2015 Town Council Minutes Page 9 of 46
26. Items for Future Agendas.
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
Mayor Pro Tem Lamont requested that "Consider and take appropriate action regarding the baseball contract and
schedule of tournaments fees." be placed on the list.
Mayor Sanders asked that "Consider and take appropriate action regarding July 4t" festivities" be placed on the list.
Council Member Shoffner ask that "Consider and take appropriate action regarding audio and video replacement'
be placed on the list.
Items 9 & 10 be removed from the list.
9. Consider and take appropriate action regarding crosswalk safety enhancements. (Rowe
9/9/2014) (1 -Dec 9) (2 -March 10)
10. Consider and take appropriate action regarding the review of the sign ordinance. (Lamont
9/9/2014). (1 -Jan 13)
EXECUTIVE SESSION
27. Pursuant to Texas Government Code, Annotated, Subchapter 551, Council will convene into closed
executive session as authorized by:
A. Section 551.071(2) Consultation with Attorney for consultation with its attorney on a matter in which
the duty of the attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct
of the State Bar of Texas clearly conflict with the Open Meetings Act (551.071 (2)):
Attorney -Client Privilege and Waiver of Privilege
B. Section 551.072 Deliberations about Real Property to deliberate the purchase, exchange, lease, or value
of real property if deliberation in an open meeting would have a detrimental effect on the position of
the governmental body in negotiations with a third person:
Potential sites for the location of a new Police and Town Hall Facility, Annex Building, and Potential
Lease of Property
CONVENE INTO EXECUTIVE SESSION - START TIME -11:18 P.M.
RECONVENE INTO REGULAR SESSION - START TIME —12:34 A.M.
RECONVENE INTO REGULAR SESSION
28. Consider and take appropriate action regarding the Executive Session.
No action taken.
January 13, 2015 Town Council Minutes Page 10 of 46
ADJOURN
, seconded by Mayor Pro Tem Lamont, to adjourn. Motion carried
Im.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
January 13, 2015 Town Council Minutes Page 11 of 46
ATTACHMENT A
Corrected version of Interlocal Agreement between the Town and Northwest Independent School District for the use
of Lakeview Soccer Complex as presented at the dais
January 13, 2015 Town Council Minutes Page 12 of 46
INTERGOVERNMENTAL JOINT USE AGREEMENT
This Intergovernmental Joint Use Agreement (this "Agreement") is made and
entered into by and between the Northwest Independent School District, a political
subdivision of the State of Texas, ("NISD") and the Town of Trophy Club, Texas, a
Home Rule Municipality, ("Town") (collectively referred to as the "Parties").
WHEREAS, NISD owns real property within the corporate limits of the Town
known as Lakeview Elementary School, including a soccer field, more or less
(hereinafter defined as the "Lakeview Field"); and
WHEREAS, the Parties recognize the public interest of joint use of the Lakeview
Field, as set forth below; and
WHEREAS, Town has the ability to provide maintenance of the Lakeview Field,
including providing water resources; and
WHEREAS, the Parties recognize the public interest of joint support of the
Lakeview Field as set forth below; and
WHEREAS, the Town has a need to make certain improvements to Lakeview
Field in order for it to be in a condition sufficient for use by the public for soccer events;
and
WHEREAS, at some point in the future, the Parties recognize that NISD may
have a need to expand and/or to construct new school facilities near or upon Lakeview
Field; and
WHEREAS, the parties agree that to balance the potential future expansion
needs of NISD with the existing needs of Town to provide quality fields for soccer
events, the terms of this agreement should reflect a pro rata reimbursement to the Town
for improvements made to Lakeview Field in the event that NISD needs to expand
school facilities onto Lakeview Field; and
WHEREAS, the Parties have investigated and determined that the taxpayers of
each entity will be best served by the maximum utilization of the Lakeview Field, and
have determined that the interests of all taxpayers will be safeguarded by the terms of
this Agreement as set forth more fully herein, .
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, the Parties hereto agree as follows:
1. Land Subject to Agreement / Term / Termination.
a. Lakeview Field. NISD represents that it is the sole owner of the real
property known as Lakeview Elementary School, specifically the soccer
January 13, 2015 Town Council Minutes Page 13 of 46
field herein referred to as the Lakeview Field.
b. Town Maintenance of Lakeview Field. Town represents that it has the
resources to provide maintenance for the Lakeview Field, including water
resources. As used herein, "maintain" shall include fertilization, watering,
and mowing in accordance with the standards adopted by the Town
Council for the maintenance of the public parks of the Town and
maintenance of the irrigation system.. The Town shall also be
responsible for the removal of trash and debris from Lakeview Field.
c. Town Improvements to Lakeview Field. Town agrees to make various
improvements to and for the benefit of Lakeview Field in an amount not to
exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00), Such improvements are necessary in order to put
Lakeview Field in a condition adequate for youth soccer play. Town
understands that during the term of this Agreement, NISD may move
forward with plans to expand existing school facilities and/or to construct
new school facilities upon Lakeview Field or adjacent to Lakeview Field in
such a manner as to diminish or otherwise adversely impact Town
improvements and/or use of Lakeview Field, including but not limited to
eliminating or reducing the functionality of one (1) or more soccer fields,
NISD agrees that it shall notify Town in writing of its plan to expand and/or
to construct new facilities upon or adjacent to Lakeview Field as soon as
practicable after NISD has made the determination to proceed with such
construction or expansion, but in no event shall such notice be given by
NISD to Town less than one -hundred and eighty (180) days prior to the
commencement of such expansion or construction by NISD.
d. Reimbursement for Early Termination or for Adverse Actions by NISD. If
pursuant to subsection (c) of this Section 1, NISD notifies Town of its
plans to expand existing school facilities and/or to construct new school
facilities upon Lakeview Field, NISD shall reimburse the Town on a pro
rata basis pursuant to the following formula TOTAL COST OF TOWN
IMPROVEMENTS DIVIDED BY 25 YEARS DIVIDED BY TOTAL
NUMBER OF IMPROVED SOCCER FIELDS = AMOUNT OF VALUE
DIMINISHED PER FIELD PER YEAR SEE ATTACHMENT "A".
e. Term/Termination. The initial term of this Agreement shall be for a
period of one -(1) year, commencing on October 1, 2014 and ending on
September 30, 2015, unless sooner terminated. Following the initial term,
this Agreement shall automatically -renew for twenty five (25) additional
terms of one (1) year each.et thst �'a g -the fGFE?gGiRg, either paFty
shall have the Fight tE) tE?FFRORatE? this lease UPEW SiXty (60)
WFitteR REAGo
2. Obligations.
January 13, 2015 Town Council Minutes Page 14 of 46
a. Obligations of NISD.
L Priority of Use. During the term of this Agreement, NISD shall have a
priority right to schedule use of the Lakeview Field. NISD will be
responsible for scheduling the use of the Lakeview Field on a year-
round basis. NISD will also be responsible for providing access to,
and collecting applicable fees from, third parties in accordance with
NISD policy and procedure, for use of the Lakeview Field. Third
parties are any parties not directly affiliated with NISD or Town. Third
parties shall submit scheduling requests to NISD, including the times,
dates, and requested location of such activities.
The Lakeview Field shall be open for Town use for recreation and
athletic purposes during the following time periods:
Monday through Friday After 3:30 p.m.
Saturdays and Sundays At any time
ii. Modifications to Lakeview Field. From time to time, NISD may in its
sole discretion and at its sole cost and expense, make, or cause to
be made, reasonable modifications to the Lakeview Field.
iii. Use of Lakeview Field. NISD may rely upon the scheduling in the
allocation and scheduling of the Lakeview Field. It is the intent of the
parties that priority be given to U.I.L. play by NISD, but that the
Lakeview Field is to be used by the general public for public
recreation, including use by youth leagues and/or recreational
leagues.
b. Obligations of Town.
Maintenance of Lakeview Field and any Improvements/Modifications.
Town shall, at its sole cost and expense, maintain the Lakeview Field
in good condition and repair so as to facilitate the use of the
Lakeview Field and any improvements or modifications made by
NISD to the Lakeview Field.
ii. Provision of Water. Town shall, at its sole cost and expense, supply
water for the Lakeview Field at all times, as necessary to maintain
the Lakeview Field in an acceptable condition. Town may not limit
the water provided to the Lakeview Field unless the Town formally
declares a water ration program for the entire Town and, as a result,
the water to the Lakeview Field may be limited only to the extent that
Town residents and businesses are limited during the time period of
water rationing.
3. Rules and Regulations. Town and NISD recognize that NISD has adopted
January 13, 2015 Town Council Minutes Page 15 of 46
certain rules and regulations covering the use of the Lakeview Field and the
conduct of persons at or on the Lakeview field, which rules may be amended
from time to time at NISD's sole discretion, in order to ensure the continued
and uninterrupted operation of the Lakeview Field and the safety of all users.
NISD agrees that it will notify users of the Lakeview Field of the rules and
regulations promulgated by NISD relating to the Lakeview Field. Third party
users that fail to comply with the rules will be suspended from use of the
Lakeview Field until NISD and Town receive written assurances the rules will
be followed in the future, and both parties mutually agree that the suspension
from use will be lifted. Additionally, Town may adopt and enforce ordinances
in conjunction with NISD's rules and regulations.
4. Insurance. Each party hereto shall maintain during the term of this
Agreement a general liability insurance policy covering damages arising out
of personal or bodily injury or death and damage to property, including the
loss thereof, occurring on or in any way related to the use of the Lakeview
Field, covered by this Agreement, with limits of not less than one million
dollars ($1,000,000.00) dollars annual aggregate limit or five hundred
thousand ($500,000.00) dollars single limit per occurrence annual aggregate.
Such insurance policies shall provide that the insurer shall give not less than
thirty (30) days prior written notice of the cancellation thereof to the other
party. Each party shall give the other party evidence of such insurance
coverage within thirty (30) days from the execution date of this Agreement.
5. Default. In the event of a breach of this Agreement by either party, the other
party may pursue any remedies available to it at law or in equity.
6. Relationship of Parties. The parties intend that Town, in performing the work
contemplated in this Agreement, shall act as an independent contractor and
shall have control of the work and the manner in which it is performed.
Neither Town, NISD, or their respective agents, employees, volunteer help or
any other person(s) operating under this Agreement shall be considered an
agent or employee of the other party hereto and shall not be entitled to
participate in any pension or other benefits that the other party hereto
provides its employees.
7. Acceptance of Responsibility. NISD agrees to and accepts full responsibility
for the acts, negligence and/or omissions of all NISD employees and agents.
Town agrees to and accepts full responsibility for the acts, negligence and/or
omissions of all Town employees and agents.
8. Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either NISD
or Town.
9. Assignment and Subletting. This Agreement is personal to the Parties and
may not be sold, transferred, assigned or sublet without the express written
January 13, 2015 Town Council Minutes Page 16 of 46
consent of the other party.
10. Notices. All written notices required under this Agreement must be hand
delivered or sent by certified mail addressed to the proper party at the
following addresses:
If to NISD: Northwest Independent School District
Attention: Dennis McCreary 2001 Texan Drive
Justin, Texas 76247
If to Town: Town of Trophy Club
Attn: Mike Slye, Town Manager
100 Municipal Drive
Trophy Club, Texas 76262
Each party may change the address to which notices are sent by giving the
other party notice, within ten (10) days, of the new address in the manner
provided by this paragraph.
11. Capacity. Both NISD and Town represent that they have full capacity and
authority to grant all rights and assume all obligations they have granted and
assumed under this Agreement.
12. Cumulative Remedies. All rights and remedies of NISD and Town under this
Agreement shall be cumulative, and none shall exclude any other right or
remedy provided by law, or by any other provisions of this Agreement. All
such rights and remedies may be exercised and enforced concurrently and
whenever, and as often, as occasion for their exercise arises.
13.Waiver of Breach. A waiver by either NISD or Town of a breach of this
Agreement by the other party does not constitute a continuing waiver or a
waiver of any subsequent breach of this Agreement.
14. Parties Bound. This Agreement shall be binding upon, and inure to the
benefit of, the Parties to this Agreement and their respective heirs, executors,
administrators, legal representatives, successors, and assigns when
permitted by this Agreement.
15. Texas Law to Apply. This Agreement shall be construed under, and in
accordance with the laws of the State of Texas, and all obligations of the
Parties created by the Agreement are performable in Denton County, Texas.
16. Legal Construction. In case any one or more of the provisions contained in
this Agreement shall for any reason be held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision of
January 13, 2015 Town Council Minutes Page 17 of 46
this Agreement, and this Agreement shall be construed as if the invalid,
illegal, or unenforceable provision had never been included in this Agreement.
17. Prior Agreements Superseded. This Agreement constitutes the sole and only
agreement of the Parties to this Agreement and supersedes any prior
understandings or written or oral agreements between the Parties respecting
the subject matter of this Agreement.
18. Equal by all Parties. This Agreement shall be deemed drafted equally by all
Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall
not apply.
19.Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the
date of this Agreement, and duly executed by the Parties to this Agreement.
20. Force Majeure. Neither NISD nor Town shall be required to perform any
term, condition, or covenant in the Agreement so long as performance is
delayed or prevented by force majeure, which shall mean acts of God, strikes,
lockouts, material or labor restrictions by any governmental authority, civil
riots, floods, and any other cause not reasonably within the control of NISD or
Town and which by the exercise of due diligence NISD or Town is unable,
wholly or in part, to prevent or overcome.
21. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
EXECUTED as of the day of , 2015.
NORTHWEST INDEPENDENT
SCHOOL DISTRICT
in
Its:
EXECUTED as of the day of , 2015.
TOWN OF TROPHY CLUB, TEXAS
in
January 13, 2015 Town Council Minutes Page 18 of 46
Its:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, 2015, by of Northwest Independent School District, a
political subdivision of the State of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, 2015, by of the Town of Trophy Club, Texas, a
home -rule municipal corporation, on behalf of said political subdivision.
Notary Public, State of Texas
January 13, 2015 Town Council Minutes Page 19 of 46
Attachment "A"
How to determine the value of each improved field assuming $200,000 of improvements
to 8 fields:
X (total costs of improvements) divided by Y (term of agreement 25 years) divided by Z
(number of soccer fields improved by the Town) = annual diminished value of each field
per year. ($200,000/25)/8=$1,000 per field/per year
Example 1. Using the above figures, with 15 years left on the contract the NISD
removes the ability to use one of the eight fields. What would the NISD owe the Town?
15 years * $1,000 (value of one field per year) =$15,000
Example 2. If NISD removed 2 fields in year 3:
$1,000 X 2 fields X 22 years remaining on the agreement = $44,000
January 13, 2015 Town Council Minutes Page 20 of 46
ATTACHMENT 8
Partially Executed Interlocal Agreement between the Town and Northwest Independent School District for the use
of Lakeview Soccer Complex
January 13, 2015 Town Council Minutes Page 21 of 46
INTERGOVERNMENTAL JOINT USE AGREEMENT
INORIGINAL
This Intergovernmental Joint Use Agreement (this "Agreement") is made and
entered into by and between the Northwest Independent School District, a political
subdivision of the State of Texas, ("NISD") and the Town of Trophy Club, Texas, a
Home Rule Municipality, ("Town") (collectively referred to as the "Parties").
WHEREAS, NISD owns real property within the corporate limits of the Town
known as Lakeview Elementary School, including a soccer field, more or less
(hereinafter defined as the "Lakeview Field"); and
WHEREAS, the Parties recognize the public interest of joint use of the Lakeview
Field, as set forth below; and
WHEREAS, Town has the ability to provide maintenance of the Lakeview Field,
including providing water resources; and
WHEREAS, the Parties recognize the public interest of joint support of the
Lakeview Field as set forth below; and
WHEREAS, the Town has a need to make certain improvements to Lakeview
Field in order for it to be in a condition sufficient for use by the public for soccer events;
and
WHEREAS, at some point in the future, the Parties recognize that NISD may
have a need to expand and/or to construct new school facilities near or upon Lakeview
Field; and
WHEREAS, the parties agree that to balance the potential future expansion
needs of NISD with the existing needs of Town to provide quality fields for soccer
events, the terms of this agreement should reflect a pro rata reimbursement to the Town
for improvements made to Lakeview Field in the event that NISD needs to expand
school facilities onto Lakeview Field; and
WHEREAS, the Parties have investigated and determined that the taxpayers of
each entity will be best served by the maximum utilization of the Lakeview Field, and
have determined that the interests of all taxpayers will be safeguarded by the terms of
this Agreement as set forth more fully herein, .
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein, the Parties hereto agree as follows:
1. Land Subiect to Agreement / Term / Termination.
a. Lakeview Field. NISD represents that it is the sole owner of the real
property known as Lakeview Elementary School, specifically the soccer
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT — Page I
NApadams\private\trophy club\contracts
January 13, 2015 Town Council Minutes
Page 22 of 46
field herein referred to as the Lakeview Field.
b. Town Maintenance of Lakeview Field. Town represents that it has the
resources to provide maintenance for the Lakeview Field, including water
resources. As used herein, "maintain" shall include fertilization, watering,
and mowing in accordance with the standards adopted by the Town
Council for the maintenance of the public parks of the Town and
maintenance of the irrigation system.. The Town shall also be
responsible for the removal of trash and debris from Lakeview Field.
c. Town Improvements to Lakeview Field. Town agrees to make various
improvements to and for the benefit of Lakeview Field in an amount not to
exceed THREE HUNDRED THOUSAND AND NO/100 DOLLARS
($300,000.00) or a lesser amount actually paid by the Town. Such
improvements are necessary in order to put Lakeview Field in a condition
adequate for youth soccer play. Town understands that during the term of
this Agreement, NISD may move forward with plans to expand existing
school facilities and/or to construct new school facilities upon Lakeview
Field or adjacent to Lakeview Field in such a manner as to diminish or
otherwise adversely impact Town improvements and/or use of Lakeview
Field, including but not limited to eliminating or reducing the functionality of
one (1) or more soccer fields, NISD agrees that it shall notify Town in
writing of its plan to expand and/or to construct new facilities upon or
adjacent to Lakeview Field as soon as practicable after NISD has made
the determination to proceed with such construction or expansion, but in
no event shall such notice be given by NISD to Town less than one -
hundred and eighty (180) days prior to the commencement of such
expansion or construction by NISD.
d. Reimbursement for Early Termination or for Adverse Actions by NISD. If
pursuant to subsection (c) of this Section 1, NISD notifies Town of its
plans to expand existing school facilities and/or to construct new school
facilities upon Lakeview Field, NISD shall reimburse the Town on a pro
rata basis pursuant to the following formula TOTAL COST OF TOWN
IMPROVEMENTS DIVIDED BY 25 YEARS DIVIDED BY TOTAL
NUMBER OF IMPROVED SOCCER FIELDS = AMOUNT OF VALUE
DIMINISHED PER FIELD PER YEAR SEE ATTACHMENT "A".
e. Term/Termination. The initial term of this Agreement shall be for a
period of one -(1) year, commencing on October 1, 2014 and ending on
September 30, 2015, unless sooner terminated. Following the initial term,
this Agreement shall automatically -renew for twenty five (25) additional
terms of one (1) year each..
2. Obligations.
a. Obligations of NISD.
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT— Page 2
NApadams\private\trophy club\contracts
January 13, 2015 Town Council Minutes Page 23 of 46
L Priority of Use. During the term of this Agreement, NISD shall have a
priority right to schedule use of the Lakeview Field. NISD will be
responsible for scheduling the use of the Lakeview Field on a year-
round basis. NISD will also be responsible for providing access to,
and collecting applicable fees from, third parties in accordance with
NISD policy and procedure, for use of the Lakeview Field. Third
parties are any parties not directly affiliated with NISD or Town. Third
parties shall submit scheduling requests to NISD, including the times,
dates, and requested location of such activities.
The Lakeview Field shall be open for Town use for recreation and
athletic purposes during the following time periods:
Monday through Friday After 3:30 p.m.
Saturdays and Sundays At any time
ii. Modifications to Lakeview Field. From time to time, NISD may in its
sole discretion and at its sole cost and expense, make, or cause to
be made, reasonable modifications to the Lakeview Field.
iii. Use of Lakeview Field. NISD may rely upon the scheduling in the
allocation and scheduling of the Lakeview Field. It is the intent of the
parties that priority be given to U.I.L. play by NISD, but that the
Lakeview Field is to be used by the general public for public
recreation, including use by youth leagues and/or recreational
leagues.
b. Obligations of Town.
i. Maintenance of Lakeview Field and any Improvements/Modifications.
Town shall, at its sole cost and expense, maintain the Lakeview Field
in good condition and repair so as to facilitate the use of the
Lakeview Field and any improvements or modifications made by
NISD to the Lakeview Field.
ii. Provision of Water. Town shall, at its sole cost and expense, supply
water for the Lakeview Field at all times, as necessary to maintain
the Lakeview Field in an acceptable condition. Town may not limit
the water provided to the Lakeview Field unless the Town formally
declares a water ration program for the entire Town and, as a result,
the water to the Lakeview Field may be limited only to the extent that
Town residents and businesses are limited during the time period of
water rationing.
3. Rules and Regulations. Town and NISD recognize that NISD has adopted
certain rules and regulations covering the use of the Lakeview Field and the
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT — Page 3
NApadams\private\trophy club\contracts
January 13, 2015 Town Council Minutes Page 24 of 46
conduct of persons at or on the Lakeview field, which rules may be amended
from time to time at NISD's sole discretion, in order to ensure the continued
and uninterrupted operation of the Lakeview Field and the safety of all users.
NISD agrees that it will notify users of the Lakeview Field of the rules and
regulations promulgated by NISD relating to the Lakeview Field. Third party
users that fail to comply with the rules will be suspended from use of the
Lakeview Field until NISD and Town receive written assurances the rules will
be followed in the future, and both parties mutually agree that the suspension
from use will be lifted. Additionally, Town may adopt and enforce ordinances
in conjunction with NISD's rules and regulations.
4. Insurance. Each party hereto shall maintain during the term of this
Agreement a general liability insurance policy covering damages arising out
of personal or bodily injury or death and damage to property, including the
loss thereof, occurring on or in any way related to the use of the Lakeview
Field, covered by this Agreement, with limits of not less than one million
dollars ($1,000,000.00) dollars annual aggregate limit or five hundred
thousand ($500,000.00) dollars single limit per occurrence annual aggregate.
Such insurance policies shall provide that the insurer shall give not less than
thirty (30) days prior written notice of the cancellation thereof to the other
party. Each party shall give the other party evidence of such insurance
coverage within thirty (30) days from the execution date of this Agreement.
5. Default. In the event of a breach of this Agreement by either party, the other
party may pursue any remedies available to it at law or in equity.
6. Relationship of Parties. The parties intend that
contemplated in this Agreement, shall act as a
shall have control of the work and the mans
Neither Town, NISD, or their respective agents
any other person(s) operating under this Agree
agent or employee of the other party hereto
participate in any pension or other benefits
provides its employees.
Town, in performing the work
i independent contractor and
er in which it is performed.
employees, volunteer help or
�ment shall be considered an
and shall not be entitled to
that the other party hereto
7. Acceptance of Responsibility. NISD agrees to and accepts full responsibility
for the acts, negligence and/or omissions of all NISD employees and agents.
Town agrees to and accepts full responsibility for the acts, negligence and/or
omissions of all Town employees and agents.
8. Immunity. Nothing in this Agreement shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to either NISD
or Town.
9. Assignment and Subletting. This Agreement is personal to the Parties and
may not be sold, transferred, assigned or sublet without the express written
consent of the other party.
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT — Page 4
N:\padams\private\trophy club\contracts
January 13, 2015 Town Council Minutes
Page 25 of 46
10. Notices. All written notices required under this Agreement must be hand
delivered or sent by certified mail addressed to the proper party at the
following addresses:
If to NISD: Northwest Independent School District
Attention: Dennis McCreary 2001 Texan Drive
Justin, Texas 76247
If to Town: Town of Trophy Club
Attn: Mike Slye, Town Manager
100 Municipal Drive
Trophy Club, Texas 76262
Each party may change the address to which notices are sent by giving the
other party notice, within ten (10) days, of the new address in the manner
provided by this paragraph.
11. Capacity. Both NISD and Town represent that they have full capacity and
authority to grant all rights and assume all obligations they have granted and
assumed under this Agreement.
12. Cumulative Remedies. All rights and remedies of NISD and Town under this
Agreement shall be cumulative, and none shall exclude any other right or
remedy provided by law, or by any other provisions of this Agreement. All
such rights and remedies may be exercised and enforced concurrently and
whenever, and as often, as occasion for their exercise arises.
13. Waiver of Breach. A waiver by either NISD or Town of a breach of this
Agreement by the other party does not constitute a continuing waiver or a
waiver of any subsequent breach of this Agreement.
14. Parties Bound. This Agreement shall be binding upon, and inure to the
benefit of, the Parties to this Agreement and their respective heirs, executors,
administrators, legal representatives, successors, and assigns when
permitted by this Agreement.
15.Texas Law to Apply. This Agreement shall be construed under, and in
accordance with the laws of the State of Texas, and all obligations of the
Parties created by the Agreement are performable in Denton County, Texas.
16. Legal Construction. In case any one or more of the provisions contained in
this Agreement shall for any reason be held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision of
this Agreement, and this Agreement shall be construed as if the invalid,
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT — Page 5
NApadams\private\trophy club\contracts
January 13, 2015 Town Council Minutes Page 26 of 46
illegal, or unenforceable provision had never been included in this Agreement.
17. Prior Agreements Superseded. This Agreement constitutes the sole and only
agreement of the Parties to this Agreement and supersedes any prior
understandings or written or oral agreements between the Parties respecting
the subject matter of this Agreement.
18. Equal by all Parties. This Agreement shall be deemed drafted equally by all
Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall
not apply.
19.Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the
date of this Agreement, and duly executed by the Parties to this Agreement.
20. Force Majeure. Neither NISD nor Town shall be required to perform any
term, condition, or covenant in the Agreement so long as performance is
delayed or prevented by force majeure, which shall mean acts of God, strikes,
lockouts, material or labor restrictions by any governmental authority, civil
riots, floods, and any other cause not reasonably within the control of NISD or
Town and which by the exercise of due diligence NISD or Town is unable,
wholly or in part, to prevent or overcome.
21. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
EXECUTED as of the day of , 2015.
NORTHWEST INDEPENDENT
SCHOOL DISTRICT
Its:
EXECUTED as of the day of M0.YCki 12015.
TOWN OF TROPHY CLUB, TEXAS
INTERGOVERNMENTAL JOINT USE AND DEVELOPMENT AGREEMENT — Page 6
NApadams\private\trophy club\contracts
January 13, 2015 Town Council Minutes Page 27 of 46
By:
Its: o or
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
, 2015, by of Northwest Independent School District, a
political subdivision of the State of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF Or?nk" §
This instrument was acknowledged before me on the L day of
UrCr) , 2015, byi C. N,J
SC (Lrr orn of the Town of Trophy Club, Texas, a
�
home-rule municipal corporation, on behalf of said political subdivision.
HOLLY ELISABETH HOUSTON Notary Pudlic, State of Texas
NOTARY PUBW STATE OF TEXAS
COMNEMON E%AREE:
INTERGOVERNMENTAL JOINT USE AND LEASE AGREEMENT — Page 7
January 13, 2015 Town Council Minutes Page 28 of 46
Attachment "A"
How to determine the value of each improved field assuming $300,000 of improvements
to 8 fields:
X (total costs of improvements) divided by Y (term of agreement 25 years) divided by Z
(number of soccer fields improved by the Town) = annual diminished value of each field
per year. ($300,000/25)/8=$1,500 per field/per year
Example 1. Using the above figures, with 15 years left on the contract the NISD
removes the ability to use one of the eight fields. What would the NISD owe the Town?
15 years * $1,500 (value of one field per year) =$22,500
Example 2. If NISD removed 2 fields in year 3:
$1,500 X 2 fields X 22 years remaining on the agreement = $66,000
INTERGOVERNMENTAL JOINT USE AND LEASE AGREEMENT — Page 8
January 13, 2015 Town Council Minutes Page 29 of 46
ATTACHMENT C
Stage 2 Drought Plan Presentation
January 13, 2015 Town Council Minutes Page 30 of 46
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