Agenda Packet 11/29/2022Town of Trophy Club
Meeting Agenda Packet
Building Standards Commission
1 Trophy Wood Drive
Trophy Club, Texas 76262
November 29, 2022 6:00 PM Council Chambers
CALL TO ORDER AND ANNOUNCE A QUORUM
PUBLIC COMMENTS
This is an opportunity for citizens to address the Board on any matter. The Board is not
permitted to discuss or take action on any presentations made to the
Board. Presentations are limited to matters over which the Board has
authority. Speakers have up to four (4) minutes or the time limit determined by the
presiding officer. Each speaker must complete the Speaker’s Form that includes the
topic(s) to be presented. You may also email mcox@trophyclub.org
EXECUTIVE SESSION
1.Pursuant to the following designated section of the Texas Government Code, Annotated,
Chapter 551 (Texas Open Meetings Act), the Commission will convene into executive
session to discuss the following:
A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with the
Town Attorney on a matter in which the duty of the attorney to the governmental body
under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the Texas Open Meetings Act, specifically:
Procedures for hearing
REGULAR SESSION
2.Discussion and adoption of rules to govern the proceedings of the Building Standards
Commission, provided that such rules shall not be inconsistent with state law or Article
3.15 (Building Standards Commission) of Trophy Club’s Code of Ordinances.
3.Nomination and election of ViceChairperson
4.Case BSC22001 (241 Oak Hill)
a. Conduct a Public Hearing regarding a substandard building located at 241 Oak Hill,
within Trophy Club’s town limits. The Commission will consider ordering repair or
demolition, within a fixed period of time, of the substandard building in question, in
accordance with the powers granted by local and state law. At the Public Hearing, the
owner, lien holder, or mortgagee shall be required to submit proof of the scope of any
work that may be required to comply with applicable codes and ordinances, and provide
the amount of time such person alleges that it will take to reasonably perform the work.
(M. Cox)
b. Consider and take appropriate action a substandard building located at 241 Oak Hill,
within Trophy Club’s town limits. The Commission will consider ordering repair or
demolition, within a fixed period of time, of the substandard building in question, in
accordance with the powers granted by local and state law. At the Public Hearing, the
owner, lien holder, or mortgagee shall be required to submit proof of the scope of any
work that may be required to comply with applicable codes and ordinances, and provide
the amount of time such person alleges that it will take to reasonably perform the work.
(M.Cox)
5.Receive updates on previous cases heard by the Commission and active development
in Town.
ADJOURN
The Board may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, Texas Government Code 551.071.
Notice is hereby given that a quorum of the Town of Trophy Club Town Council may be in
attendance at this meeting. The Town Council will not deliberate or take any action.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy
Wood Drive, Trophy Club, Texas, on November 25, 2022 by 5:00 P.M. in accordance with Chapter
551, Texas Government Code.
___________________________
Matt Cox, Director of Community Development
If you plan to attend this public meeting and have a disability that requires special needs, please
contact the Town Secretary’s Office at 6822372900, 48 hours in advance and reasonable
accommodations will be made to assist you.
Town of Trophy ClubMeeting Agenda PacketBuilding Standards Commission 1 Trophy Wood DriveTrophy Club, Texas 76262November 29, 2022 6:00 PM Council ChambersCALL TO ORDER AND ANNOUNCE A QUORUMPUBLIC COMMENTSThis is an opportunity for citizens to address the Board on any matter. The Board is notpermitted to discuss or take action on any presentations made to theBoard. Presentations are limited to matters over which the Board hasauthority. Speakers have up to four (4) minutes or the time limit determined by thepresiding officer. Each speaker must complete the Speaker’s Form that includes thetopic(s) to be presented. You may also email mcox@trophyclub.orgEXECUTIVE SESSION1.Pursuant to the following designated section of the Texas Government Code, Annotated,Chapter 551 (Texas Open Meetings Act), the Commission will convene into executivesession to discuss the following:A) Section 551.071 Consultation with Attorney under Subsection (2) to consult with theTown Attorney on a matter in which the duty of the attorney to the governmental bodyunder the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texasclearly conflicts with the Texas Open Meetings Act, specifically:Procedures for hearingREGULAR SESSION2.Discussion and adoption of rules to govern the proceedings of the Building StandardsCommission, provided that such rules shall not be inconsistent with state law or Article3.15 (Building Standards Commission) of Trophy Club’s Code of Ordinances.
3.Nomination and election of ViceChairperson
4.Case BSC22001 (241 Oak Hill)
a. Conduct a Public Hearing regarding a substandard building located at 241 Oak Hill,
within Trophy Club’s town limits. The Commission will consider ordering repair or
demolition, within a fixed period of time, of the substandard building in question, in
accordance with the powers granted by local and state law. At the Public Hearing, the
owner, lien holder, or mortgagee shall be required to submit proof of the scope of any
work that may be required to comply with applicable codes and ordinances, and provide
the amount of time such person alleges that it will take to reasonably perform the work.
(M. Cox)
b. Consider and take appropriate action a substandard building located at 241 Oak Hill,
within Trophy Club’s town limits. The Commission will consider ordering repair or
demolition, within a fixed period of time, of the substandard building in question, in
accordance with the powers granted by local and state law. At the Public Hearing, the
owner, lien holder, or mortgagee shall be required to submit proof of the scope of any
work that may be required to comply with applicable codes and ordinances, and provide
the amount of time such person alleges that it will take to reasonably perform the work.
(M.Cox)
5.Receive updates on previous cases heard by the Commission and active development
in Town.
ADJOURN
The Board may convene into executive session to discuss posted items as allowed by
the Texas Open Meeting Act, Texas Government Code 551.071.
Notice is hereby given that a quorum of the Town of Trophy Club Town Council may be in
attendance at this meeting. The Town Council will not deliberate or take any action.
CERTIFICATION
I certify that the above notice was posted on the bulletin board at Trophy Club Town Hall, 1 Trophy
Wood Drive, Trophy Club, Texas, on November 25, 2022 by 5:00 P.M. in accordance with Chapter
551, Texas Government Code.
___________________________
Matt Cox, Director of Community Development
If you plan to attend this public meeting and have a disability that requires special needs, please
contact the Town Secretary’s Office at 6822372900, 48 hours in advance and reasonable
accommodations will be made to assist you.
Page 1 of 3
To: Building Standards Commission
From: Matt Cox, Director of Community Development
CC: Wade Carroll, Town Manager
Anita Otterson, Town Secretary
Re: 241 Oak Hill Drive – Substandard Building
Building Standards Commission Meeting, November 29, 2022
Agenda Item:
Case BSC-22-001 (241 Oak Hill Drive)
a. Conduct a Public Hearing regarding an unsafe and dangerous structure at 241 Oak Hill Drive,
legal description as: Lot 33 of Trophy Club Oak Hill, Denton County Property ID 70214, Trophy
Club, TX 76262-5454. The Commission will consider ordering repair or demolition, within a fixed
period of time, of the substandard building in question, in accordance with the powers granted
by local and state law. At the Public Hearing, the owner, lienholder, or mortgagee shall be
required to submit proof of the scope of any work that may be required to comply with
applicable code and ordinances and provide the amount of time that such person alleges that it
will take to reasonably perform the work.
b. Consider and take appropriate action regarding an unsafe and dangerous structure at 241 Oak
Hill Drive, legal description as: Lot 33 of Trophy Club Oak Hill, Denton County Property ID 70241,
Trophy Club, TX 76262-5454. The Commission will consider ordering repair or demolition, within
a fixed period of time, of the substandard building in question, in accordance with the powers
granted by local and state law. At the Public Hearing, the owner, lienholder, or mortgagee shall
be required to submit proof of the scope of any work that may be required to comply with
applicable code and ordinances and provide the amount of time that such person alleges that it
will take to reasonably perform the work.
Background and Explanation:
On May 17,2017, the 3,693 square foot house at 241 Oak Hill Drive, within Trophy Club Oak Hill, was
visually inspected at the request of homeowners, Mr. and Mrs. Buford, by Architectural Consulting
Engineers, Inc. Based on ACE findings (Exhibit B), the foundation appears to be experiencing significant
movement due to slope failure.
On June 10, 2019, the Town of Trophy Club received a Risk Advisement Letter from Bryant Consultants,
Inc. regarding the structure identified as 241 Oak Hill Dr. During a five-to-six-month geotechnical site
Page 2 of 3
investigation, BCI observed distress to the structure and potential catastrophic slope failure. Based upon
these dangerous conditions, they recommended the occupants to vacate immediately (Exhibit B).
Precautionary steps were implemented, The Buford family moved out, and adequate fencing was placed
around the perimeter of the site to prevent human access. The Covid 19 pandemic in 2020 along with
multiple litigation delays in 2021 have drastically extended the typical process of deeming a structure to
be substandard. Exhibit C photos show the deterioration from 2019 to present.
As required by ordinance and state law, notice of a public hearing regarding a substandard building was
sent to all subject property owners, lien holders, and mortgagees, as well as published in the Fort Worth
Star Telegram, and posted on the subject property.
Legal Review:
The Town Attorney has assisted, reviewed, and approved staff’s notices, agendas, reports, and exhibits.
Staff Recommendation:
It is the opinion of this office to deem this building as Substandard and, by Town definition in Sec. 3.05.001,
a Dangerous Building, and an Urban Nuisance.
Sec. 3.05.001 Definitions
The following definitions shall apply in the interpretation and enforcement of this article:
Dangerous buildings. Buildings of any nature that are found to be dangerous, that are calculated to
increase the fire hazard, that injure, hurt or harm individuals or that may damage or injure contiguous or
adjacent lands, or which endanger life or health or are subversive of the public health, safety and
welfare and which have any one or all of the following defects, and shall include, but not be limited to,
the following:
(1) Those buildings which, exclusive of the foundation, show thirty-three percent (33%) or more of
damage or deterioration of the supporting walls, beams, or other member or members of the building or
fifty percent (50%) of damage or deterioration of the nonsupporting enclosing or outside walls or covering
of the building.
(2) Those buildings which have been damaged by fire, wind or other causes so as to have become
dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the
town.
(3) Those buildings which have become or are so dilapidated, decayed, unsafe, unsanitary or which
utterly fail to provide amenities essential to decent living that they are unfit for human habitation or are
likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of
those living therein.
(4) Those buildings that have light, air and sanitation facilities which are inadequate to protect the
health, morals, safety or general welfare of those living therein.
(5) Those buildings having inadequate facilities for egress in case of fire or panic, or those having
insufficient stairways, elevators, fire escapes or other means of communication.
(6) Those buildings which have parts thereof which are so attached that they may fall and injure
members of the public or property.
(7) Those buildings which have a foundation that is not so free of holes, cracks, buckling, crumbling and
defects as to support adequately the dwelling structure.
(8) Those buildings which do not have a floor, exterior wall and roof that is so free of holes, cracks and
loose, rotten, warped or protruding boards as to protect the occupants of the dwelling or dwelling unit
reasonably from weather elements and from damage of collapse.
Page 3 of 3
(9) Those buildings existing in violation of any provisions of the building code of the town or any
provision of the town fire code or other codes of the town.
Urban nuisance. A premises or structure that:
(1) Is reasonably dangerous to the physical health or safety of an occupant or other persons; or
(2) Its state of disrepair is such that it could reasonably cause injury, damage, harm or inconvenience to
the community and the use and enjoyment of property, materially interfering with the property use or
comfort and enjoyment of surrounding property, taking into consideration the nature and use of the
properties in the area and character of the community in which they are situated, which condition would
be substantially offensive and annoying to persons of ordinary sensibilities, taste and habits living in the
community.
(Ordinance 97-13, sec. 1, adopted 5/13/97; 2006 Code, ch. 3, sec. 12.01)
Please refer to the Building Official’s Recommendation (Exhibit A), for further details.
Attachments:
• Exhibit A – Building Official’s Recommendation
• Exhibit B – Engineering Reports
o Ace Report, 5.26.17
o Syntec Report, 12.19.17
o Drebelbis Report, 5.16.18
o Syntec 2nd Report, 5.30.18
o Bryant Report, 6.10.19
o Lucy Report, 12.16.19
o Miles Report, 12.16.19
• Exhibit C – Code Enforcement/Fire Marshal Photos
• Exhibit D – Property Owner Notice
• Exhibit E – Newspaper Notice
11/14/2022
RE: 241 Oak Hill Dr.
Lot 33 of Trophy Club Oak Hill
Denton County Property ID 70214
Trophy Club, TX 76262-5454
Building Standards Commission:
Corresponding with the Town’s goals and objectives, Trophy Club is committed to ranking highly as a safe
and livable location. For that purpose, Article 3.05 of the Trophy Club Code of Ordinances directs us to
be prepared and perform in a fashion that assists us in maintaining that position.
On June 10, 2019, the Town of Trophy Club received a Risk Advisement Letter from Bryant Consultants,
Inc. regarding the structure identified as 241 Oak Hill Dr. During a five-to-six-month geotechnical site
investigation, BCI observed distress to the structure and potential catastrophic slope failure. Based upon
these dangerous conditions, they recommended the occupants vacate immediately.
Precautionary steps were implemented, and adequate fencing was placed around the perimeter of the
site to prevent human access.
Code Enforcement was directed to routinely visit the site and ensure compliance for the protection all
involved, including but not limited to observing doors, openings, gates, and other access points.
It is the opinion of this office to deem this building as Substandard and, by Town definition in Sec.
3.05.001, a Dangerous Building, and an Urban Nuisance.
A reasonable conclusion of damage to the inside of the structure can be made from exterior photos
taken by the Fire Department and Code Enforcement. An inspection subject to the regulations of the
International Building Code (IBC) has not been performed, due to the risk and safety of Town personnel.
This determination falls under the guidelines and direction of the Code of Ordinances, Article 3.15,
Building Standards Commission, specifically and inclusive with Article 3.15.005, for your attention and
direction.
Sincerely,
Matt Cox
Director of Community Development/Building Official
Exhibit A
ACE 1100 Glade Road
Colleyville, TX 76034
Phone:
Fax:
Architectural Consulti ng Engineers, Inc.
817-577-8223
817-849-8285
LETTER REPORT OF FINDINGS
Attention: Ms. Dana Buford
241 Oak Hill Drive
Trophy Club, TX 76262
Present At Inspection:
Mr. Maury and Mrs. Dana Buford/ Homeowners
Mr. Benjamin M. Thompson, P.E. I Engineer
General Property Description
E-mail: bthompson@ACEnglnc.com
May 26, 2017
Benjamin M. Thompson, P.E. perfonned a visual inspection on May 17, 2017 at the
above referenced address to review the foundation performance after the homeowner has
observed cracking in the home. The home was constructed around 2013 and was
purchased in October 2016. The structure is an approximately 3,693 square foot two
story split level single family residence. The exterior wall is surfaced with face brick and
stone veneer. The roof is surfaced with asphalt composition shingles. The foundation is a
structurally load-bearing post-tensioned concrete slab on grade. Patio slabs were noted
on the nmih and south sides. The driveway was noted on the south side. Planter beds
were noted along the south side. For the purpose of this report, the front of the home
faces south. All references are based on a view of the home facing the front of the home.
Overall site drainage is relatively poor. The general topography of the area is very hilly
sloping down from south to no1ih with swales between the homes. The front yard has
negative drainage. The backyard slopes steeply north away from the house. The west and
east sides between homes slopes mildly away from the house to a swale that slopes to the
nmih.
Observations (Crack widths noted below are approximate)
Site
S 1. South Elevation (Photo S-01)
Exterior
El. Up to 1" of masonry cracking and significant foundation cracking (Photo E-01)
E2. Wide expansion joint separation especially at the top (Photo E-02)
E3. Up to l" of masonry cracking and significant foundation cracking (Photo E-03)
E4. Frieze board rotation (Photo E-04)
E5. The bottom of the window joint shows signs of the slab to wall joint yielding. This
caulk joint tapers closed towards the top. (Photo E-05)
E6. Excessive caulking at the window joint (Photo E-06)
1 of 14
PLTF 000169
ACE #17079
Exhibit B
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Bunce v. RJT
Preliminary Summary and Analysis
December 16, 2019
Prepared For:
Mark Symms, Esq.
Tarle Law, P.C.
4301 Westbank Drive, Bldg. B
Suite 140
Austin, Texas 787746
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 2
Project Summary and Task Analysis
Scope of Analysis:
This report is prepared in response to the claims as they were understood at the time of initial inspection
against RJT Commercial Inc. (aka Ram Jack) relative to alleged construction deficiencies in relationship to
foundation leveling repairs on the residence located at 241 Oak Hill Drive, Trophy Club, Texas 76262.
This preliminary report is intended to provide a general overview of the alleged damage claims made by
the Bunces pertaining to RJT’s foundation leveling repairs. Our analysis will provide a response to the
general allegation that foundation leveling repairs made by RJT to the Bunce Residence fell below the
standard of care.
Bert L. Howe and Associates (BHA) performed an abbreviated visual site investigation on November 11,
2019, consisting of limited observations of the exterior front of the garage, a portion of the front yard and
upper portion of the driveway. The limited observations of the abbreviated inspection, the documentation
reviewed, and our past professional experience are the basis of the analysis and opinions provided within
this report.
This report does not address any interior issues that may be alleged by plaintiff as BHA has not inspected
the interior of the home at this time. BHA reserves the right to update facts and opinions shall new
information be provided.
Documents Reviewed:
The following documents were reviewed as a part of our analysis. This list is considered preliminary in that
only those documents provided for review prior to the initial inspected are contained herein. Additional
documents should be reviewed as they become available or as requested.
Construction Documents:
1. Architectural Drawings by Tatum Building Corp (David Tatum) PLTF001404-1412
2. Topographical Survey by David Tatum dated 7/8/13
3. Foundation Plan by Piertech Engineering & Consulting dated 7/31/13
4. Revised Foundation Plan by Piertech Engineering & Consulting dated 8/08/13
Misc. Documents:
1. Henley Johnston & Associates Geotechnical Investigation date 7/16/13 PLTF001370-90
2. Piertech Engineering Letter dated 8/2/13 PLTF000955-57
3. Piertech Foundation Design dated 12/3/15
4. Ram Jack Foundation Repair Proposal dated 2/23/16 PLTF000250-255
5. Altek Engineering Report dated 8/30/16 PLTF000185-191
6. Altek Engineering Report dated 4/22/17 PLTF000192-196
7. ACE Consulting Engineers Letter Report of Findings dated 5/26/17 PLTF000169-182
8. Drebelbis Engineering Report dated 5/17/18 PLTF000691-696
9. Syntec Engineering Group Study dated 5/30/18 PLTF000697-702
10. Altek Engineering Insurance Carrier Letter dated 9/28/18 MOVASSAGHI0163-0183
11. Syntec Engineering Group Foundation Elevation Survey date 10/12/18 MOVASSAGHI0171
12. TexInspec Home Inspection Report PLTF001015-1030
13. Ram Jack Production Photos RJT0000016-37
14. Ram Jack Limited Lifetime Warranty
15. Ram Jack Work Agreement dated 2/24/16 PLTF000250-55
16. Ram Jack Limitations of Work dated 2/24/16 RJT000005
17. Bryant Consultants, Inc. Geotechnical Investigation dated 7/15/1997 BUNCE2857-2943
18. Bryant Consultants, Inc. Risk Advisement Letter dated 7/10/19 BUNCE2810-11
19. Bryant Consultants, Inc. Slope Stability Analysis Investigation dated 7/9/19 BUNCE2813-51
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 3
General Description:
The subject property located at 241 Oak Hill Drive is a one-story residence constructed on a concrete slab
foundation with a basement. The building is constructed of wood framing that supports a composition
shingle roof. The exterior cladding of the home consists of brick veneer with a natural thin stone mosaic
and windows flanked with faux wood shutters. Patio and window overhangs are roofed with a standing
seam metal roof while roof dormers are finished with siding. The front elevation features an exposed
aggregate concrete drive with mastic filled expansion joints. The drainage system encompasses 4”
aluminum gutters and downspouts, some that are tight-lined into underground drainage pipes. The front
yard landscape contains a series of catch basins to carry surface runoff into the underground drainage
system. The property slopes from the front (street side) of the property to the rear with a total elevation
change of approximately 23 feet.
Project Summary:
It is the general understanding that there was a home originally constructed at 241 Oak Hill Drive prior to
the construction of the Bunce Residence. The prior residence appears to have been demolished due to
foundation deficiencies in the late 1990’s. The Bunces purchased the subject property in June of 2013 and
contracted with Tatum Construction to build a residence on the property. Tatum hired Henley Johnston to
conduct a geotechnical (soils) investigation of the property. Tatum also employed both an architectural firm
and a foundation design firm to provide plans for the Bunce s residence. The construction of the subject
residence was completed in 2014. Cracks in the residence’s exterior veneer and interior finish materials
caused the Bunces to contact Ram Jack for a proposal to re-level the foundation. In February of 2016 the
Bunces engaged Ram Jack and they performed foundation re-leveling repairs to the subject residence by
installing 35 driven steel piles (piers).
After Ram Jack completed the foundation relevel ing, the Bunces put their residence up for sale. Later in
2016, the Bufords purchased the property from the Bunces. As part of their due diligence in purchasing
the residence, the Bufords commissioned a home inspection report prepared by NTX Pro -spec and a
structural engineering report prepared by Altek Engineering. Neither of those reports indicated any
foundation and/or slope failures issues with the subject property. After moving into the house and noticing
cracks developing in the exterior veneer and interior finishes , the Bufords had Altek Engineering prepare a
second report in early 2017, which did not indicate any foundation movement or slope failures. A month
after receiving the second report from Altek Engineering, Mrs. Buford commissioned Architectural
Consulting Engineers (ACE) to further opine on the condition of the foundation. By the end of 2017, Mrs.
Buford had hired Syntec Engineering Group to perform their Foundation Evaluation Study.
Henley Johnston Geotechnical Investigation Report:
Prior to construction of the subject residence, Tatum Construction engaged Henley Johnston & Associates
perform a geotechnical investigation on the subject property. They prepared a geotechnical investigation
report, dated July 16, 2013, that included remedial earthwork and foundation recommendations. At the
time of their soils investigation the property did not contain a residence. Henley Johnston reports that they
performed 2 onsite borings to a maximum depth of 25 feet and found weathered shale at depths 6 to 7 feet.
Henley Johnston evaluated Potential Vertical Movement (PVM) and concluded that certain remedial
earthwork modifications would be required below the proposed foundation to remediate the PVM of 5 to 5
½ inches so a conventional ground supported foundation could be utilized. As a result, Henley Johnston
provided three (3) remedial earthwork options for treating the soil below the foundation to reduce the
potential for post-construction movement. Henley Johnston stated that after remedial earthwork that the
potential for post-construction movement would be more on the order of 3 inches, allowing the use of a
ground supported foundation. However, the Henley Johnston report makes no mention of potential or
previous slope failures onsite and therefore, provides no warning or slope instability mitigation
recommendations of the existing slope.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 4
Drebelbis Engineering Report:
Mr. James Drebelbis (acting as the Bunce’s engineering expert) submitted a letter dated May 17, 2018
which addresses the soil behavior at 241 Oak Hill Dr. He performed an investigation of the interior and
exterior of the residence and concluded that the site is undergoing slope failure. Mr. Drebelb is notes 3 to
4 inches of separation in the house construction along the front elevation continuing to the garage which
indicates that the house is moving laterally in the direction of the fall of the slope. He attributes the slope
movement to a combination of block failure and rotational failure of the soil mass under the foundation of
the residence. He states that the slope failure is caused by soil sliding laterally on the underlying layer of
shale 20+ feet below grade. Mr. Drebelbis also concludes that minimal interior damage (cracks) were
observed during his inspection indicating that vertical movement is not the cause of the distress to the
home.
Bryant Consultants Geotechnical Investigation:
On July 15, 1997 John Bryant published a geotechnical investigation for the property at 241 Oak Hill Drive.
Dr. Bryant was tasked with evaluating the cause of a failing retaining wall along the backyard of the home
and to opine on significant cracking occurring throughout the exterior of the structure. Dr. Bryant stated
that “based upon the size of the retaining wall and visual observations of the failure, it appears that the
failure mechanism is a deep-seated or global slope failure which occurred beneath the existing wall.” (Page
11, BUNCE2870). Dr. Bryant further elaborates “BCI is of the opinion that the exi sting retaining wall is
actually providing some resistance to movement currently and is probably the reason why the entire slope
has not failed to date.” (Page 20, BUNCE2879) Dr. Bryant concludes that “based upon the analysis and
observations performed during this investigation, we are of the opinion that the existing slope in not stable
and it will continue to fail and become progressively worse.” (Page 22, BUNCE2881). The home was later
demolished due to inhabitability. Dr. Bryant even identified the location of the main scarp which provided
justification that a rotational slope failure was occurring.
Red arrows show the location of the main scarp presented in the Bryant Geotechnical Investigation of 1997
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 5
Bryant Consultants Risk Advisement Letter:
On June 10, 2019, Dr. Bryant authored a Risk Advisement Letter which addresses the epidemic slope
failure occurring at 241 Oak Hill Drive. Dr. Bryant advises that “due to the recently observed distress to the
structure at this site and based upon recent calculations showing that the slope/structure conditions at this
site are not safe, and the potential for catastrophic slope failure, the residence is, in our opinion,
uninhabitable at this time, and the occupants should vacate the premises immediately.” (Page 1,
BUNCE2810) “BCI is of the opinion that the slope may be in imminent danger of catastrophic sliding which
may result in structural collapse of the residence on the lot. Along with the letter, Dr. Bryant provided a
Slope Stability Analysis Investigation in which he co nfirms that “Ram Jack Foundation Repair Solutions
conducted an elevation survey and concluded that previously installed piers were holding the structure.”
(Page 7, BUNCE2821)
BHA Inspection Observations:
On November 14, 2019 BHA performed a limited abbreviated visual site inspection. BHA observed the
front elevation of the garage, the front driveway, and the front yard areas along the street side of the
property. BHA did not observe the side yards, the backyard, or the roof at the time of our inspection. As a
result, BHA will not address any damages to the residence at this time.
Historical Site Photos:
In addition to our site investigation, BHA has compiled a series of chronological aerial photos (via Google
Earth) that show the condition of the site over numerous years. Attached below are the historical site photos
along with our narrative of the progressive failure of the slope over the years.
January 30, 1995
Although the photo is blurry, this photo taken in 1995 shows the residence that existed on the subject
property and was later demolished. The arrow points out the driveway that leads to the home while the red
box shows the general outline of the previous residence on the subject lot at 241 Oak Hill Drive.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 6
January 31, 2001
This photo taken in 2001 depicts the lot after the previous home had been demolished. Note the vegetative
growth covering the raw dirt in certain areas, indicating that the soil had not been reworked for some time.
September 25, 2007
Taken in 2007, this photo shows the property after the surface soil had been reworked. Note the lack of
vegetation covering the area of the building pad. It appears as if some remedial surface grading occurred
between January 2001 and just prior to the date of this photo.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 7
June 12, 2011
This photo taken in 2011 shows the reworked surface grading starting to fill-in with some surface vegetation.
The formation of a scarp (red arrow) appears to be occurring with the formation of a bulge near the toe of
the slope seems to be forming (blue arrows). Certain areas of the lot have not filled-in with vegetation
indicating potential movement of the surface soils. This photo shows a pile of spoils located adjacent to
the bulge (green arrow).
April 10, 2013
Taken in 2013, this photo shows more definition to the scarp (red arrow) and bulge (blue arrow) developing.
Note the lack of vegetation in certain areas of the lot indicating soil movement.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 8
July 14, 2015
This photo simply depicts the new construction of the Bunce home in mid-2015.
January 29, 2016
This photo taken in 2016 shows further development of the bulge at the toe of the slope.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 9
January 25, 2017
Taken in 2017, this photo shows the development of a fissure near the top of slope (red arrow) and the
further development of the bulge at the toe of the slope (blue arrows).
November 25, 2018
This photo taken in 2018 shows that the scarp (red arrow) has widened and the bulge at the toe of the slope
has become larger (blue arrows).
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 10
Taking into account the conclusions of the Drebelbis Engineering Report, the Bryant Engineering Report,
and the historical aerial photo images represented above, it is clear that slope failure is occurring on the
property at 241 Oak Hill Dr. Due to the appearance of a scarp on the slope in combination with soil bulging
near the toe of the slope, slope failure is most likely the cause of the damage to the subject residence.
Ram Jack Floor Elevation Surveys:
Ram Jack performed a floor elevation survey on February 9, 2016 at 241 Oak Hill Dr for Brent and Carrie
Bunce. The results of the floor elevation survey showed that the foundation was experi encing movement
and was more than 2” out of level in certain areas when compared to the control point. As a result, Ram
Jack prepared a service agreement for the Bunce’s “to lift the foundation only as practical and/or prevent
settlement of the foundation in the immediate area of The Work.” (taken from page 1 of the Ram Jack
Agreement for the Work addressed to Brent and Carrie Bunce and signed by Carrie Bunce on 2/24/16).
On August 2, 2017 Ram Jack performed another floor elevation survey at 241 Oak Hill Dr for Maury Buford.
The elevation survey showed that the foundation was not more than 2” out of level in certain areas when
compared to the control point. The results of the floor elevation survey for Maury Buford shows that the
foundation had experienced some additional vertical movement after the foundation re-leveling work
performed by Ram Jack. However, the additional vertical foundation doesn’t correlate with the exterior
veneer damage observed by Mr. Drebelbis and Dr. Bryant.
Ram Jack Limitation of the Work:
Ram Jack provided a form (that was signed by the homeowner Carrie Bunce) titled “Limitations of the work”
dated February 24, 2016. The form stipulates the limitations of the proposed remedy. More inclusively the
form states “The Work is proposed in order to prevent settlement in the immediate area of work. The Work
is not represented to be an all-inclusive “fix”. The proposed remedies do not exclude the possible need for
additional work now or in the future.” Ram Jack has disclosed that the installation of their piers would only
provide remedy to the areas where they installed piers. Limitation of work excluded slope repair.
Ram Jack Limited Lifetime Warranty:
Upon completion of the work performed by Ram Jack at 241 Oak Hill Dr and the receipt of final payment
for said work, Ram Jack issued a limited lifetime warranty to the Bunce’s. The limited lifetime warranty
outlines certain items that are included and excluded from the terms of the warranty as it relates to the pier
installation performed by Ram Jack. Certain inclusions such as the “free adjustment, repair, or replacement
of the Ram Jack steel pier during the warranty period should the Ram Jack steel pier fail to perform as
intended” are stipulated in the warranty. The Warranty also stipulates exclusions. Such exclusions
stipulated in the warranty were repairs of damage to unpiered areas, heave of soil due to soil expansion,
consequential damage, and catastrophic events such as slope failure. The purpose of the Ram Jack piers
was to lift the foundation and alleviate vertical movement of the slab foundation as approved and paid for
by the Bunces. The slope failure that is occurring on the subject property was excluded from the Ram Jack
warranty as a catastrophic event.
Conclusions:
1. As identified from BHA’s analysis, the Drebelbis Engineering Report, and the Bryant Engineering
Report and geotechnical investigation, the property at 241 Oak Hill Dr has experienced and is
continuing to experience slope failure.
2. Ram Jack was hired to install piers under the foundation at 241 Oak Hill Dr to help alleviate vertical
settlement movement of the foundation. The installation of the piers performed as intended.
3. The Ram Jack Limited Lifetime Warranty specifically excludes damage as a result of slope failure,
nor did the scope of their services include a foundation repair for slope failure.
4. The damage to the subject residence has been and continues to be caused by catastrophic slope
failure. This slope failure has been occurring since the 1990’s.
Bunce v. RJT
BHA # 19-7061
This document is provided for litigation purposes and is protected under Texas Rules of Evidence.
Page 11
This evaluation should not be considered final in nature. It is based on a limited site inspection, evaluation
and analysis of the documentation received and past professional engineering and construction
management experience. Any additional documentatio n or information received and/or future site
inspection/survey may warrant additional evaluation or analysis.
Regards,
Jerry L. Miles, P.E.
TX PE # 88865
Exhibit C
November 14, 2022 VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Maury A. and Dana M. Buford
306 Austin Street
Grapevine, TX 76501-3664
(DCAD Owner Mailing Address)
Re: NOTICE OF HEARING BY THE BUILDING STANDARDS COMMISSION OF THE TOWN OF
TROPHY CLUB, TEXAS REGARDING AN UNSAFE AND DANGEROUS STRUCTURE AT
241 OAK HILL DRIVE FURTHER DESCIRBED AS:
Lot 33 of Trophy Club Oak Hill
Denton County Property ID 70214
Trophy Club, TX 76262-5454
Dear Mr. and Mrs. Buford,
As Building Official for the Town of Trophy Club, I am informing you, the Record Owners of the above
referenced property regarding a hearing scheduled for Tuesday, November 29, 2022, at 6:00pm at the
Town of Trophy Club, Town Council Chambers, 1 Trophy Wood Drive, Trophy Club, Texas 76262. The hearing
is to determine action for a dangerous or unsafe structure or an urban nuisance pursuant to the 2021
International Property Maintenance Code, Texas Statutes, and the Town of Trophy Club Code of
Ordinances. The Commission will consider ordering repair or demolition, within a fixed period of time, of
the substandard building in question, in accordance with the powers granted by local and state law. At the
Public Hearing, the owner, lienholder, or mortgagee shall be required to submit proof of the scope of any
work that may be required to comply with applicable codes and ordinances and provide the amount of time
that such person alleges that it will take to reasonably perform the work.
For any questions regarding this matter, please call Matt Cox at 682.237.2900.
Respectfully,
Matt Cox
Trophy Club Building Official
Cc: Guaranty Bank and Trust, NA
100 Arkansas Street
Mount Pleasant, TX 75456
Cc: Guaranty Bank and Trust, NA
PO Box 1158
Mount Pleasant, TX 75456
Exhibit D
AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
19954 346451 Print Legal Ad-IPL00980010 - IPL0098001 $185.25 1 34 L
Sharon DavidAttention:
TOWN OF TROPHY CLUB
1 TROPHY WOOD DRIVE
ROANOKE, TX 76262
THE STATE OF TEXAS
COUNTY OF TARRANT
No. of Insertions:1
Beginning Issue of:11/11/2022
Ending Issue of:11/11/2022
Before me, a Notary Public in and for said County
and State, this day personally appeared Stefani
Beard, Bid and Legal Coordinator for the Star-
Telegram, published by the Star-Telegram, Inc. at
Fort Worth, in Tarrant County, Texas; and who,
after being duly sworn, did depose and say that
the attached clipping of an advertisement was
published in the above named paper on the listed
dates:
Sworn to and subscribed before me this 11th day of
November in the year of 2022
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
Exhibit E