Minutes TC 05/12/2015MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING
FOR THE TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, May 12, 2015 at 7:00 P.M.
Svore Municipal Building Boardroom
The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, May 12, 2015. The
meeting was held within the boundaries of the Town and was open to the public.
STATE OF TEXAS §
COUNTY OF DENTON §
TOWN COUNCIL MEMBERS PRESENT:
C. Nick Sanders
Mayor
Greg Lamont
Mayor Pro Tem, Place 5
Jim Parrow
Council Member, Place 1
Garrett Reed
Council Member, Place 2
Rhylan Rowe
Council Member, Place 3
Tim Kurtz
Council Member, Place 4
Philip Shoffner
Council Member, Place 6
STAFF AND GUEST(S) PRESENT:
Stephen Seidel
Town Manager
Patricia Adams
Town Attorney
Holly Fimbres
Town Secretary/RMO
Steven Glickman Assistant Town Manager/CFO
Adam Adams
Parks and Recreation Director
Patrick Arata
Police Chief
Pat Cooke
Development Services Manager
Donnie Hurd
Interim Fire Chief/Assistant Fire Marshal
April Reiling
PIO/Marketing Manager
John Zagurski
Strategic Services Coordinator
Mayor Sanders announced the date of Tuesday, May 12, 2015, called the Town Council to order and announced a
quorum at 7:02 p.m.
The Invocation was offered by Mayor Sanders.
The Pledges were led by Mayor Pro Tem Lamont.
CITIZEN PRESENTATIONS
This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda.
The Council is not permitted to take action on or discuss any presentations made to the Council at this time
concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to
the Council addressing those items. You may speak up to four (4) minutes or the time limit determined by the
Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the
topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority.
There were no citizen presentations.
Town Council Minutes May 12, 2015 Pagel of 47
CONSENT AGENDA
All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one
motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed
from the consent agenda and will be considered separately.
1. Consider and take appropriate action regarding the Minutes dated April 14, 2015. (Town Secretary Note:
Approved as presented in the Town Council agenda packet)
2. Consider and take appropriate action to authorize the Town Manager to execute the Bill of Sale and
Assignment on the five pieces of Water and Waste Water Infrastructure as specified in the Bill of Sale
and Assignment presented at the April 28, 2015 Joint Session with the TCMUD No. 1.
Attachment A — Bill of Sale and Assignment
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to approve the Consent Agenda
Items 1 and 2.
Motion passed unanimously.
REGULAR SESSION
3. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20,
2015 as Blast Off Besties Day in Trophy Club.
Attachment B — Proclamation No. 2015-10
Council Member Parrow read the proclamation into the record.
Samuel Beck Elementary 5th grade Blast Off Besties team: Rae Beaulieu, Bryn Bates, Reagan Harris, Kenzie Jantz,
and Grace Roberts, and Team Manager Ursula Roberts and DI Coordinator Cori Harris were present to accept the
proclamation.
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2015-10, declaring May 20, 2015 as Blast Off Besties Day in Trophy Club.
Motion passed unanimously.
4. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 20,
2015 as Spectacular 7 Day in Trophy Club.
Attachment C — Proclamation No. 2015-11
Council Member Parrow read the proclamation into the record.
Lakeview Elementary 4th grade Spectacular 7 team: Gwen Baxter, Andrew Golden, Reagan Ellis, Ian Hill, Daemon
Cortez, Dylan Ward, and Ryder Fine, and Team Coach Laurie Baxter were present to accept the proclamation.
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2015-11, declaring May 20, 2015 as Spectacular 7 Day in Trophy Club.
Motion passed unanimously.
Town Council Minutes May 12, 2015 Page 2 of 47
5. Consider and take appropriate action regarding a Proclamation of the Town Council declaring May 10-16,
2015 as National Police Week in Trophy Club in conjunction with National Police Week and May 15, 2015
as National Peace Officers Memorial Day in Trophy Club.
Attachment D — Proclamation No. 2015-12
Council Member Parrow read the proclamation into the record.
Motion:
Motion made by Council Member Parrow, seconded by Mayor Pro Tem Lamont, to approve Proclamation No.
2015-12, declaring May 10-16, 2015 as National Police Week in Trophy Club in conjunction with National Police
Week, and May 15, 2015 as National Peace Officers Memorial Day in Trophy Club.
Oath of Office to be administered by Municipal Court Judge Chambers, and presentation of Certificates of
Election from Judge Chambers to Council Member Rowe and Council Member Kurtz.
Municipal Court Judge Chambers administered the Statement of Appointed Officer and Oath of Office to Council
Member Rowe and Council Member Kurtz.
Mayor Sanders presented a Certificate of Election to Council Member Rowe and Council Member Kurtz.
7. Remarks to and from incoming Council Members.
Council Member Kurtz stated that he looks forward to serving the community for another three years.
Council member Rowe stated that it is a privilege to serve the Town of Trophy Club, and that this was a historic
moment to be able to cancel the May 2015 election.
Mayor Sanders congratulated both Council Members on their re-election and stated that he looks forward to
serving with them the next few years.
8. Receive an update from Jeannette Tiffany regarding July 4th festivities; discussion of same.
Jeannette Tiffany, 44 Cypress Court, representing the 2015 July 4th Parade of Patriots Committee, stated that the
committee's goal is to have a parade that gives families and visitors a reason to stay in Trophy Club. She
recognized Recreation Supervisor Sherri Lewis for doing a great job working with their committee. She presented
the committees progress update for the parade, which included: Military Color Guard; state, county and local
elected officials; Grand Marshall, Trophy Club (TC) resident Rear Admiral Ed Allen USN (Retired); encouraging a
stronger TC veterans presence and homeowners association participation; Metroplex United Pipe Band; Byron
Nelson High School; promotions; and proceeds from sold T-shirts will go to the Military Veterans Memorial. She
stated that their committee has a want, which is to enhance the parade banners and car magnets to reflect more
of a parade of patriots, which will require new art work that will cost approximately $1,600. She advised that the
committee needs $400 in order to tie down the confirmation of the Metroplex United Pipe Band. She asked that
the Council be aware of safety if they choice to have their families ride in their parade vehicle. Additionally, she
stated that they are promoting that parade patriots stand and salute as the flag passes by them.
Council Member Shoffner stated that he believes that the Council should use hotel occupancy tax funds to assist
with the committees need and referenced a Texas Attorney General Greg Abbott Opinion regarding hot occupancy
tax funds permissible uses. He stated that this event has received the most news coverage and participation for
the past several years.
Town Council Minutes May 12, 2015 Page 3 of 47
9. Consider and take appropriate action regarding a Non -Exclusive Use Agreement between the Town and
TCR Youth Baseball Association commencing in January 2016, and authorizing the Mayor or his designee to
execute all necessary documents.
Attachment E — Unapproved Non -Exclusive Use Agreement
Discussion took place regarding the following: Trophy Club -Roanoke Youth Baseball Association (TCRYBA) bylaws;
out of area fees; potential of Capital Improvement Projects; and maintenance and upkeep obligations.
Mayor Pro Tem Lamont stated that within the term, he would prefer 60 days versus 90 days, in reference to the
renewal of the agreement. He recommended, within the Consideration section, increasing the Recreation fee to
$40 and increasing the Select fee to $50 for out of area players.
Discussion took place regarding the schedule of fees versus field usage fees, and that tournaments would be
subject to the schedule of fees.
Mayor Pro Tem Lamont recommended, within Tournament Rates, taking out the last sentence.
Discussion took place related to the cost of the maintenance for the baseball fields, and that the cost primarily
comes out of the Towns general fund.
Mayor Pro Tem Lamont commented that within the Registration section, he would like to put a cap on the amount
for non -Trophy Club and Roanoke players, which should not exceed 376 players.
Parks and Recreation Director Adams commented about the Sponsorship Opportunities section, and stated that he
believed that the Council was looking to keep open the possibility of TCRYBA pursing future sponsorship to help
offset Town costs, and that the maintenance portion, within the same section, was for the potential of pursing
Capital Improvement Projects.
Mayor Pro Tem Lamont stated that he would like to change "financials for review by Town" to "financials to the
Town" within the Financials section.
Council Member Shoff ner inquired if the TCRYBA bylaws would allow for an exclusive period for TC and Roanoke
players as discussed from the April 14, 2015, Council meeting.
John Watson, President of the TCRYBA, stated that TCRYBA can adopt and change their bylaws to allow for the
exclusive period.
Council Member Kurtz asked if there were going to be two days set aside for the field closure.
Parks and Recreation Director Adams stated that the agreement reflects that one day per week, the TCRYBA will
not be allowed to use Independence Park, and stated that on Wednesdays the fields are exclusive for kickball.
Mr. Watson suggested getting recycling bins at Independence Park.
Mayor Sanders commented that the perception is good to have the bins but from his experience, the items that
are not recyclable tend to get thrown into the bins, and then someone has to sort through and separate the items.
Mayor Sanders received general consensus to keep the fourth whereas clause on page 1 of the agreement.
Discussion took place regarding the term of the agreement and that the current agreement is for one year, with
three renewal options each for one year.
Town Council Minutes May 12, 2015 Page 4 of 47
Mayor Sanders received consensus to change 90 days to 60 days within the last sentence of the Term section.
Council Member Shoffner commented that the renewal of the agreement is during the TCRYBA Fall season.
Town Manager Seidel stated that the intent was to have the Fall season covered under the existing agreement and
begin the new agreement in Spring 2016.
Mayor Sanders received consensus to change December 31, 2016 to January 31, 2017 within the Term section.
Council Member Reed pointed out that the Town has approximately 4,000 homes and each one pays about $30 a
year for the maintenance of the fields.
Council Member Rowe stated that he believed there was a mechanism in place for collecting field usage funds that
the TCRYBA was paying to the Town because out of area fees were initially not included, so he was under the
impression that they were added on top of something that was already in place.
Mayor Sanders stated that the Council made a decision to not charge TC or Roanoke players, and one way to
discourage out of area players was to charge a fee.
Council Member Reed asked if TCRYBA pays Roanoke to use their fields.
Mr. Watson stated they do not for Rec baseball, only for tournament usage.
Council Member Shoffner asked how much time the Special Events Committee needed to process a request for a
special event.
Parks and Recreation Director Adams stated that he believed they needed 90 days.
Council Member Shoffner recommended changing 30 days to 90 days, in reference to Tournaments Rates to
coincide with the Special Events Committee policy.
Mayor Sanders received consensus to change 30 to 90 days in the first sentence of the Tournament Rates section,
and add "and provide 90 days written notice for approval" to the end of the last sentence.
Council Member Rowe suggested adding "at least" before "one (1) day per week", in the first sentence of the
second paragraph, within the Scheduling section.
Mr. Watson stated that he would like at least a 60 day notice before the season begins regarding the days that
TCRYBA would not be allowed to use Independence Park.
Mayor Sanders received consensus to add "at least" before "one (1) day per week", in the first sentence of the
second paragraph, within the Scheduling section; change day to "day(s)" for the first word on the third line; and
change 30 to 60 days in the third line.
Discussion took place about putting a cap on the number of out of area players.
Mayor Pro Tem Lamont stated that TC and Roanoke players represent 348 players, and out of area players
represent 356 players.
Mr. Watson stated that they determine the cap by looking at how many practice slots they have available during
the week; then there is an exclusive period for TC and Roanoke residents only; and once the exclusive period is
over, out of area players are allowed to register up to the cap, which is based on the number field spaces available
during the week. He noted that there are a set number of players allowed per team.
Town Council Minutes May 12, 2015 Page 5 of 47
Council Member Rowe stated that he did not want to focus on the number of players, but instead discuss field
slots.
Mr. Watson commented that if the Council completely restricted out of area players, then there would be some
divisions with three teams playing each other 10 times a season.
Council Member Kurtz asked how much Keller, Southlake and Grapevine charges in terms of out of area players.
Mr. Watson stated that the highest fee he found was $50.
Discussion took place related to the cost of maintenance for the fields, maintenance responsibilities, and
sponsorship opportunities.
Council Member Shoffner suggested possibly including a Capital Improvement Projects program within the
Sponsorship Opportunities section for a sub -committee to explore.
Council Member Reed commented, regarding sponsorship, that the ads that are in the outfields, the Town should
receive the funds to maintain the fields.
Mayor Sanders received consensus to change "for review by" to "to the" in the first sentence within the Financials
section.
Motion:
Motion made by Mayor Sanders, seconded by Council member Kurtz, to form a sub -committee consisting of
Council Member Rowe and Council Member Shoff ner to work with the TCRYBA and Town staff to bring back new
agreements with their recommendations.
Discussion took place regarding expanding the sub -committee to include all sports associations.
Substitute Motion:
Substitute Motion made by Mayor Sanders, seconded by Council Member Kurtz, that the sub -committee would
look at all agreements with all sports associations.
Council Member Rowe stated that he would like to have an opportunity for each of the sport associations to have
a workshop session with the Council so that there is some understanding of the direction that the Council would
like to take.
Town Attorney Adams stated that the agenda item is regarding baseball only and recommended that the motion
be related to baseball only.
Main Motion:
Motion made by Mayor Sanders, seconded by Kurtz, to go back to his main motion based on legal opinion, which
was to form a sub -committee consisting of Council Member Rowe and Council Member Shoff ner to work with the
TCRYBA and Town staff to bring back new agreements with their recommendations, with fee structures, and no
time limit when this item had to come back before Council.
Motion passed unanimously.
10. Consider and take appropriate action regarding the Interlocal Agreement between the Town and Trophy
Club Municipal Utility District No. 1 for fire protection services to properties within the Town that are
outside of the TCMUD No. 1 boundaries and outside of PID boundaries, and the fee or rate for fire
protection services to those properties.
Town Council Minutes May 12, 2015 Page 6 of 47
Mayor Sanders stated that at the Joint Meeting there was a 2008 Interlocal Agreement that addressed the
coverage of areas that are within the Town but are outside of the TCMUD No. 1 boundaries and outside of PID
boundaries. He noted that Town Attorney Adams came upon an updated 2009 Interlocal Agreement, and stated
that with the Interlocal Agreement, the TCMUD No. 1 can provide service even for those outside areas. He added
that no action is needed.
Council Member Shoff ner commented that he believes the Town is covered, and that when residents pay property
taxes, they are paying for a portion of Fire protection.
No action was taken on this item.
RECESS AT 9:06 P.M. FOR A BREAK
RECONVENE AT 9:12 P.M. INTO REGULAR SESSION
11. Consider and take appropriate action regarding revenue options and potential property tax rate for Fiscal
Year 2016.
Attachment F— Revenue Diversification Presentation
Assistant Town Manager/CFO Glickman presented the Revenue Diversification presentation which included: the
importance to diversify revenue sources; revenue structure; an example that diversification reduces the amount of
potential loss; the Importance of diversify now; how to diversify; the effect on residents; the effect on the Town;
examples of what other cities are doing; and decision points.
Council Member Rowe asked if there are other options that the Town is reviewing if the Appraisal District
continues to raise assessments and appraisals.
Assistant Town Manager/CFO Glickman stated that there is a point where the Town will reach build out and that
the tax rate will find an equilibrium point.
Town Manger Seidel commented that Town Staff is pursuing Economic Development in order to increase sales tax.
He noted that there is a potential on Trophy Wood that could add about a 40 percent sales tax increase to the
general funds. Additionally, he stated that he will be discussing with Council, during the budget season, the ability
to add funds to begin a redevelopment plan, in order to have a plan in place for where the Town is headed.
Council Member Shoffner asked what the Town's second largest revenue fund was.
Assistant Town Manager/CFO Glickman stated that the largest revenue is property taxes, and that sales tax and
franchise fees are in one fund but are extremely lower. He added that the statistics that he provided were based
on a five year forecast from last budget year.
Discussion took place that if the Council were to raise the franchise fee for solid waste, the residents would be
impacted by an increase on their bill.
Mayor Sanders asked if the franchise for cell phones had recently been changed.
Assistant Town Manager/CFO Glickman stated the recent change was for sales tax for the CCPD related to
telecommunications.
Mayor Pro Tem Lamont asked if there was a reason why the other franchises were not included.
Assistant Town Manager/CFO Glickman stated that electric is one franchise that cannot change because the Town
is locked at the rate they are at and that the cable is a state franchise.
Town Council Minutes May 12, 2015 Page 7 of 47
Motion:
Motion made by Mayor Sanders, seconded by Council Member Rowe, to authorize Town Staff to take the
necessary steps to increase the franchise fee on gas to five percent, and increase the franchise fee on waste to 12
percent.
Mayor Pro Tem Lamont stated that he considers this as a regressive tax and that it is being applied
disproportionately to the residents, so he will vote against it.
The vote was taken.
Motion carried 6-1-0 with Mayor Sanders, and Council Members Parrow, Reed, Rowe, Kurtz, and Shoffner voting
for, and Mayor Pro Tem Lamont voting against.
Assistant Town Manager/CFO Glickman commented that going forth with the budget, Town Staff will show the
reduction in the property tax by sixth tenths of one penny.
Council Member Reed stated that in the future, Council and Town Staff should look at projections of how many
square feet the Town has today that generates sales tax, and then look at how many square feet the Town has left
before they are at build out.
Town Manager Seidel stated is a good way to approach for future planning, and added that the Council should
decide want they would like to invest in or try to attract to the Town, such as restaurants.
12. Consider and take appropriate action regarding the acceptance of the Popular Annual Financial Report
(PAFR).
Strategic Services Coordinator Zagurski provided a brief update and stated that this is the first PAFR report to be
presented and that the Town is one of 17 communities in Texas that is submitting for the PAFR Awards program.
He recognized Chief Financial Analyst April Ezell, PIO/Marketing Manager April Reiling, and Assistant Town
Manager/CFO Glickman for their assistance preparing the PAFR. He noted that the PAFR will be on the Town
website.
Town Manager Seidel stated that Town Staff would much rather give an annual report to the Council based on
audited numbers, as opposed to an annual financial report that is due at the end of December, per the Town
Charter, which gives budget estimates of expenditures over the year.
Council Member Shoffner commented that this is a nice report.
Motion:
Motion made by Council Member Reed, seconded by Council Member Parrow, to accept the Popular Annual
Financial Report (PAFR).
Motion passed unanimously.
13. Town Council Liaison Updates; discussion of same:
*Economic Development Corporation 4B, May 4, 2015
Council Liaison -Council Member Rhylan Rowe
*Citizens Financial Advisory Board, May 11, 2015
Council Liaison - Mayor Pro Tem Greg Lamont
Provided update, no action taken, just discussion.
Town Council Minutes May 12, 2015 Page 8 of 47
Strategic Services Coordinator Zagurski provided the update on behalf of Mayor Pro Tem Lamont since he was
unable to attend.
14. Town Manager Seidel's update regarding the following; Council discussion and provide input regarding
same.
• Community Clean Up
• Street Cl P
Town Manager Seidel updated the Council and addressed questions; no action taken, update only.
15. Items for Future Agendas to include discussion of Agenda Items for consideration on the upcoming Regular
Session Council Agenda for May 26, 2015 meeting and discussion of Future Agenda Items, to include
discussion of the below item from the Future Agenda list:
This item allows Council to request the placement of items on upcoming agendas when the topic of discussion
requires research and review that cannot be accomplished in the time frame between regular Council meetings.
However, a Council Member may request that an item be placed on the next regularly scheduled meeting without
first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter
requirements.
A. Consider and take appropriate action regarding signage in medians at Trophy Club Drive, Trophy Wood
Drive, Indian Creek and possibly Bobcat. (Sanders 7/22/2014) (1 -Oct 28 Agenda) (2 -Feb -10) (3 -May -
12).
There was no new update provided for Item 15(A), it was placed on the agenda because of the 90 day trigger from
the last update on February 10, 2015.
Mayor Sanders asked if the Selection of a Financial Advisor can be placed on the Consent Agenda.
Town Manager Seidel stated that this item is a recommendation and that the Council may have questions for the
individual.
Mayor Sanders stated that the item for Executive Session can be for the "Annex building, and potential lease
and/or purchase of property".
Council Member Reed stated that from now going forward until the Bond Election, there needs to be an item to
allow for an opportunity for citizens to discuss the new Town Hall and Police facility with the Council.
Council Member Shoff ner asked that all options be presented with the overview of the hotel/motel tax funds, as
well as the ability to have a mechanism in place for groups to ask the governing body for support, for example
advertising, arts, and enhancing sports facilities.
Mayor Sanders stated that he would like to see examples of what municipalities have done around the state, and
provided Westlake as an example that provides assistance for shuttle service.
Council Member Shoffner stated that most cities that he reviewed had a board in place that would review a
group's request for funds, he stated that a great example is Brenham, Texas.
Mayor Pro Tem Lamont asked that the schedule of fees be included with the Workshop item for discussion with
the sports associations.
Town Council Minutes May 12, 2015 Page 9 of 47
Council Member Parrow asked that an agenda item be included for Town Staff to present signage in the area of
the parking spaces that back up to residential properties that could be enforced by the Police Department. He
wanted the ability to provide direction to Town Staff for idling and back end parking of vehicles.
Discussion took place regarding that this is a new item that was not initially discussed in depth.
Mayor Sanders noted that Workshop item, Review ordinances regarding Town Homes, Condos and apartments,
can be removed since they are still anticipating filling the vacant Planning position. He stated that that Item No. 7
from the Future Agenda Item list may disappear because the Council dealt with that partly earlier on the agenda,
and will also deal with it during Executive Session. Additionally, he asked for the removal of Item No. 13,
Discussion of and take appropriate action regarding changing the speed limit in the round -about from 20 to 30
miles.
Council Member Shoffner asked for the removal of Item No. 6, Consider and take appropriate action regarding July
4t" festivities. Additionally, he asked that the Council have an opportunity to address the 2015 July 4th Parade of
Patriots Committee funding request.
Mayor Sanders asked that Town Manager Seidel review the ability to use hotel occupancy tax funds to assist the
2015 July 4th Parade of Patriots Committee with their need.
EXECUTIVE SESSION
16. Pursuant to the following designated sections of the Texas Government Code, Annotated, Chapter 551
(Texas Open Meetings Act), the Council will convene into executive session to discuss the following:
A. Section 551.074(a)(1), Personnel Matter. To discuss or deliberate the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:
Appointment of Mayor Pro Tem
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 and Section 551.071(2)
Consultation with Attorney to consult with its attorney on a matter in which the duty of the
attorney to the Governmental Body under the Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflict with the Open Meetings Act:
1) Annex Building and Potential Lease or Purchase of Property
2) Conveyance of property to the TCMUD No. 1
CONVENE INTO EXECUTIVE SESSION -START TIME -10:19 P.M.
RECONVENE INTO REGULAR SESSION -START TIME —11:29 P.M.
RECONVENE INTO REGULAR SESSION
Town Council Minutes May 12, 2015 Page 10 of 47
17. Consider and take appropriate action regarding the Executive Session.
Agenda Item No. 16 (A): Motion made by Council Member Reed, seconded by Council Member Parrow, to
nominate the Honorable Council Member Greg Lamont to serve as Mayor Pro Tem for the next year, beginning
immediately.
Motion passed 6-0-0 with Mayor Sanders, and Council Members Parrow, Reed, Rowe, Kurtz, and Shoff ner voting
for, and Mayor Pro Tem Lamont abstained.
Agenda Item No. 16 (B) (1): Motion made by Mayor Pro Tem Lamont, seconded by Council Member Parrow, to
table the discussion of a ground lease or building lease for the Annex building and/or land until the TCMUD No. 1
Board discusses and decides whether or not they desire to make an offer to sell the land that the Annex Building is
built on to the Town, which is based upon comments made by several TCMUD No. 1 Directors that they would
consider selling the property that the Annex building is built on, in addition, until the water study is completed
related to ground storage capacity.
Mayor Sanders stated that for several months the Council and TCMUD No. 1 have tried to develop some
instrument that cleaned up some issues that dealt with occupancy and insurance related issues that deal with the
Annex building. He added that many years ago the Annex building was built and for several years both entities
have helped pay for that facility. Currently the Town still owes a note on the land and there is no clear land lease
or building lease. He stated that the information that Mayor Pro Tem Lamont made in his motion, that the TCMUD
No. 1 might consider selling the land, he feels that this is the best option as opposed to the Town going through
the lease process. The Council has been told that the TCMUD No. 1 has begun a water study to see if they will
need a third ground storage tank, which may impact the amount of land available to the Town.
Council Member Shoffner commented that the Council has made a conscience decision to move the Town
employees to a new Town Hall and Police Department once it is built. He added that the citizens built the Annex
building with their tax payer money. He stated that he was also approached by a few TCMUD No. 1 Directors that
showed a willingness to consider selling the property. He believes that option would be of benefit to both entities,
as well as for the citizens in the long run.
The vote was taken.
Motion passed unanimously.
Agenda Item No. 16 (B) (2): Motion made by Mayor Sanders, seconded by Council Member Parrow, to direct the
Town Manager and Town Attorney to not do any additional legal work or research related to the conveyance of
water and wastewater infrastructure that is jointly serving the PID and TCMUD No. 1 and is not clearly delineated
in its ownership.
Mayor Sanders commented that the Council took action tonight to transfer infrastructure that was clearly within
the TCMUD No. 1 boundaries, which should have been designated and deeded over to the TCMUD No. 1 when it
was platted. He added that there are homes on Turnbury that are within the TCMUD No. 1 and that some homes
are within the PID, with the infrastructure, that serves that area, jointly serving those entities. The Council does
not believe that it serves the Town any great purpose to go through the legal work of replatting and deeding over
the property that is pledged with PID bonds. He believes that this issue will be solved when the PID debt is paid
off. Additionally, he stated that if the TCMUD No. 1 finds importance to this issue, then they need to do the
research, provide the legal instruments, and approach the Town as to what needs to be transferred, as well as
provide the Town with the legal ways to accomplish that.
The vote was taken.
Motion passed unanimously.
Town Council Minutes May 12, 2015 Page 11 of 47
ADJOURN
Motion made by Mayor Pro Tem Lamont, seconded by Council Member Rowe, to adjourn. Motion carried
unanimously. Meeting adjourned at 11:36 p.m.
Holly Fimbr , Town Secretary/RMO C. Nick Sanders, Mayor
Town of Trophy Club, Texas Town of Trophy Club, Texas
Town Council Minutes May 12, 2015 Page 12 of 47
ATTACHMENT A
Bill of Sale and Assignment
Town Council Minutes May 12, 2015 Page 13 of 47
BILL OF SALE AND ASSIGNMENT
Date: t5— %,5 , 2015
Grantor: Town of Trophy Club, Texas
Grantor's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
Denton County
Grantee: Trophy Club Municipal Utility District No. 1
Grantee's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
Denton County
Consideration: Ten Dollars ($10.00) and other good and valuable consideration in hand paid by Grantee.
Facilities: See Exhibit "A" attached hereto.
Grantor, for the consideration herein expressed, sells, assigns, and transfers to Grantee the Facilities as described
on Exhibit "A".
Grantor agrees to hereafter cooperate with Grantee, take such actions and execute such other specific documents
as may be necessary or appropriate to accomplish the transfers contemplated in the Agreement and this document.
When the context requires, singular nouns and pronouns include the plural. References to defined terms shall
refer to those terms as defined in the Agreement.
Executed effective February 3, 2015.
GRANTOR:
Town of Trophy Club
B
nted Name: Stephen Seidel
Title: Town Manager
Date: 5— 13 2015
GRANTEE:
Trophv Club Municipal Utili -Ly District No
Town Council Minutes May 12, 2015 Page 14 of 47
EXHIBIT A
Description of Facilities
Development
Water System Improvements
Wastewater System Improvements
Waters Edge @ Hogans Glen 26-1
$
28,679.71
$
31,831.66
Waters Edge @ Hogans Glen 26-2
$
36,886.18
$
28,980.11
Canterbury Hills PH IA
$
128,452.94
$
80,365.33
Canterbury Hills PH 16
$
224,811.50
$
205,286.00
Canterbury Hills PH 2
$
151,600.00
$
136,355.25
Town Council Minutes May 12, 2015 Page 15 of 47
ATTACHMENT B
Proclamation No. 2015-10
Town Council Minutes May 12, 2015 Page 16 of 47
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-10
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE DAY OF MAY 20, 2015
AS BLAST OFF BESTIES DAY IN TROPHY CLUB.
WHEREAS, Destination Imagination is the world's largest competition and
celebration of creativity; and
WHEREAS, the Destination Imagination program requires teams to use
imagination and innovation in a collaborative problem solving process and then
showcase their solutions and talent at a tournament; and
WHEREAS, the Destination Imagination teams compete in both a Performance
Challenge and an Instant Challenge; and
WHEREAS, the Samuel Beck Elementary 5th grade team, the Blast Off Besties,
consists of Rae Beaulieu, Bryn Bates, Reagan Harris, Kenzie Jantz, and Grace Roberts
and Team Manager Ursula Roberts; and
WHEREAS, the Blast Off Besties team competed in the Greater Fort Worth
Regional Tournament with over 200 other teams and qualified them to be invited to the
State Tournament; and
WHEREAS, the Blast Off Besties team competed in the State Tournament with
over 300 other teams from across all of Texas and qualified them to be invited to Global
Finals; and
WHEREAS, Global Finals will be held May 20th through May 23rd with over
2,000 other teams from 48 states and 30 countries at the World Championships of
Destination Imagination.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM MAY 20, 2015 AS:
BLAST OFF BESTIES DAY
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 12th day of May 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
0,1&4 -map&
Holly Fim es, Town Secretary
Town of Trophy Club, Texas
Town Council Minutes May 12, 2015 Page 17 of 47
ATTACHMENT C
Proclamation No. 2015-11
Town Council Minutes May 12, 2015 Page 18 of 47
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-11
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, ESTABLISHING THE DAY OF MAY 20, 2015
AS SPECTACULAR 7 DAY IN TROPHY CLUB.
WHEREAS, Destination Imagination is the world's largest competition and
celebration of creativity; and
WHEREAS, the Destination Imagination program requires teams to use
imagination and innovation in a collaborative problem solving process and then
showcase their solutions and talent at a tournament; and
WHEREAS, the Destination Imagination teams compete in both a Performance
Challenge and an Instant Challenge; and
WHEREAS, the Lakeview Elementary 4th grade team, the Spectacular 7,
consists of Gwen Baxter, Andrew Golden, Reagan Ellis, Ian Hill, Daemon Cortez, Dylan
Ward, and Ryder Fine and Team Coach Laurie Baxter; and
WHEREAS, the Spectacular 7 team competed in the Greater Fort Worth
Regional Tournament with over 200 other teams and were qualified to be invited to the
State Tournament; and
WHEREAS, the Spectacular 7 team competed in the State Tournament with over
300 other teams from across all of Texas and were qualified them to be invited to Global
Finals; and
WHEREAS, Global Finals will be held May 20th through May 23rd with over
2,000 other teams from 48 states and 30 countries at the World Championships of
Destination Imagination.
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH
THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY
PROCLAIM MAY 20, 2015 AS:
SPECTACULAR 7 DAY
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 12th day of May 2015.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
I k�-OTZ�
Holly Fimbre , Town Secretary
Town of Trophy Club, Texas
Town Council Minutes May 12, 2015 Page 19 of 47
ATTACHMENT D
Proclamation No. 2015-12
Town Council Minutes May 12, 2015 Page 20 of 47
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2015-12
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, ESTABLISHING THE WEEK OF MAY 10 — 16, 2015 AS POLICE WEEK IN
TROPHY CLUB IN CONJUNCTION WITH NATIONAL POLICE WEEK AND MAY 15,
2015 AS NATIONAL PEACE OFFICERS MEMORIAL DAY IN TROPHY CLUB.
WHEREAS, The Congress and President of the United States have designated May 10 — 16,
2015 as National Police week to honor the service and sacrifice of those law enforcement officers killed
in the line of duty while protecting our communities and safeguarding our democracy; and
WHEREAS, are approximately 900,000 law enforcement officers serving in communities across
the United States, including the dedicated members of the law enforcement agency of the Town of
Trophy Club, Texas who play an essential role in safeguarding the rights and freedoms of the Town of
Trophy Club, Texas; and
WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year,
resulting in approximately 16,000 injuries;
WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in
the United States have made the ultimate sacrifice and been killed in the line of duty,
WHEREAS, the names of these dedicated public servants are engraved on the walls of the
National Law Enforcement Officers Memorial in Washington, D.C.;
WHEREAS, new names of fallen heroes are being added to the National Law Enforcement
Officers Memorial this spring, including 117 officers killed in 2014 and 156 officers killed in previous
years;
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored
during the National Law Enforcement Officers Memorial Fund's 27th Annual Candlelight Vigil, on the
evening of May 13, 2015;
WHEREAS, the Candlelight Vigil is part of National Police Week, which takes place this year,
May 10-16, 2015;
WHEREAS, May 15, 2015 is designated as Peace Officers Memorial Day, in honor of all fallen
officers and their families and U.S. flags should be flown at half staff;
WHEREAS, the members of the law enforcement agency of Town of Trophy Club, Texas
unceasingly provide a vital public service;
NOW, THEREFORE, I, MAYOR NICK SANDERS, IN CONJUNCTION WITH THE TOWN
COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DO HEREBY PROCLAIM and call upon all
citizens of the Town of Trophy Club, Texas and upon all patriotic, civic and educational organizations to
observe the week of May 10 — 16, 2015 as NATIONAL POLICE WEEK in the Town of Trophy Club,
and publicly salutes the service of law enforcement officers in our community and in communities
across the nation.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 12th
day of May 2015.
C. Nick Sanders, Mayor
To�gptTurgph)�Plub, Texas
H -6 1-1y Fimt r s, Town Secretary
May 12,Tz81vyn of Trophy Club, Texas Page 21 of 47
ATTACHMENT E
Unapproved Non -Exclusive Use Agreement
Town Council Minutes May 12, 2015 Page 22 of 47
THE STATE OF TEXAS §
COUNTY OF DENTON §
NON-EXCLUSIVE USE AGREEMENT BY AND BETWEEN
THE TOWN OF TROPHY CLUB
AND THE TCR YOUTH BASEBALL ASSOCIATION
THIS NON-EXCLUSIVE USE AGREEMENT is made and entered into by and
between the TOWN OF TROPHY CLUB, TEXAS (hereinafter referred to as "TOWN"),
acting by and through its Mayor or designee, and the TCR Youth Baseball Association
(hereinafter referred to as "TCRYBA"), acting by and through the President its Board of
Directors, or designee, (hereinafter "Agreement").
WITNESSETH:
WHEREAS, the TOWN owns and maintains TOWN parks and sports facilities on
Independence (hereinafter "Independence Park"); and
WHEREAS, the TCRYBA is comprised of various youth baseball teams for baseball
play; and
WHEREAS, the TCRYBA desires to use the TOWN parks and facilities as specifically
identified herein below; and
WHEREAS, maintenance and upkeep obligations shall be shared by Town and
TCRYBA as expressly set forth in this Agreement; and
WHEREAS, TCRYBA and TOWN agree that it serves their best interests to work with
TOWN; and
WHEREAS, TCRYBA and TOWN agree that the properties and facilities identified
herein shall be used by TCRYBA solely for the purpose of providing
baseball use for the members of the TCRYBA; and
WHEREAS, the parties agree that this Agreement supersedes any and all prior written
and/or oral agreements for use of Independence Park, and by execution of
this Agreement, the parties agree and intend that this Agreement shall
exclusively govern TCRYBA's use of Independence Park.
NOW THEREFORE, FOR AND IN CONSIDERATION of the above and
foregoing premises, the benefits flowing to each of the parties hereto, and other good
and valuable consideration, TOWN and TCRYBA do hereby agree as follows:
Town Council Minutes May 12, 2015 Page 23 of 47
INCORPORATION OF PREMISES / TERM
1.01 Incorporation of Premises. The foregoing premises to this Agreement are
incorporated herein for all purposes as if set out herein verbatim.
1.02 Term. The term of this Agreement shall commence on January 1, 2016 and shall
end on December 31, 2016, unless otherwise terminated as provided herein.
After the initial term has expired, this contract will automatically renew for three
(3) additional terms of one (1) year each, provided that such renewal is not
contested by either party within ninety (90) days of the contract's expiration date.
II.
INDEPENDENCE PARK / CONSIDERATION
2.01 Independence Park. TOWN, under the terms and conditions provided herein,
shall allow TCRYBA the non-exclusive use of Independence Park and facilities
within the parks as specifically identified in Exhibit "A", a copy of which is
attached hereto and incorporated herein, for athletic and sporting events, to wit,
baseball events.
2.02 Consideration. In addition to the fees otherwise provided herein, for the Spring,
Season and the Fall Season (defined below), TCRYBA shall assess and collect a
fee for each child who does not live within the corporate limits of the Town of
Trophy Club or the City of Roanoke. Such fee shall be twenty dollars ($20.00)
per child for each child who enrolls in the recreation division of the TCRYBA
baseball program and thirty dollars ($30.00) per child for each child who enrolls
in the select division of the TCRYBA baseball program. No later than the twenty-
first (21S) day after the commencement of regular season game play for the
Spring Season and for the Fall Season, TCRYBA shall remit to Town all such
fees collected and shall provide the written report required by Section 12.02 of
this Agreement.
In further consideration for the use of Independence Park, TCRYBA hereby
agrees to provide a proposed use schedule (which specifically identifies
complexes and fields to be used) to the TOWN at least seven (7) days before the
commencement of each seasonal practice schedule and at least fifteen (15) days
prior to each regular season game schedule. In the event of changes in the game
and or practice schedule, TCRYBA shall provide TOWN with a written notice at
least seventy-two (72) hours prior to the proposed change. Acceptance of the
proposed changes shall be within the sole discretion of the Town; provided
however, that acceptance shall not be unreasonably withheld.
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 2 of 13
Page 24 of 47
III.
USE SCHEDULING/REGISTRATION
3.01 Regular Season. The "Spring Season" shall run from the —first week of
February through the fourth week of June and the "Fall Season" shall run from
the second week of August through the fourth week of November, and shall
include tryouts, all practice and league games, tournaments and make-up
games.
3.02 Tournament Rates. Upon thirty (30) days written notice and approval of
proposed scheduling by TOWN, TCRYBA shall be allowed to schedule the
Recreation All-Star Tournament for no cost during the Spring Season. For any
additional tournaments, TCRYBA shall pay tournament fees as outlined in the
applicable Schedule of Fees adopted by TOWN.
3.03 Scheduling. TOWN and TCRYBA agree that scheduling of additional games
and practices on dates not contained in the TOWN approved schedule shall not
be permitted unless these additional times are mutually agreed to in writing by
the TOWN and TCRYBA, and if allowed, there shall be no additional cost to
TCRYBA. Use of Independence Park shall be limited to the sports games and
contests scheduled by TCRYBA, and TCRYBA shall provide written notice of
scheduling to the Parks and Recreation Department in accordance with the time
frames set forth in this Agreement. TCRYBA shall provide one point of
contact for all scheduling of Independence Park. No TCRYBA tournaments
and/or use of Independence Park by TCYRBA, other than that expressly
provided for under a TOWN approved schedule, shall be allowed by the TOWN.
Weather days, rain days, or suspension of play may require rescheduling of
events. TCRYBA shall provide written notice of such rescheduling requests to the
Parks and Recreation Department at least seventy-two (72) hours in advance
of the proposed schedule change.
The TOWN shall designate one (1) day per week on which TCRYBA will not be
allowed to use Independence Park for either practice or games. The proposed
day shall be submitted to TCRYBA thirty (30) days prior to the commencement
of regular season practice for both the Spring Season and for the Fall Season.
3.04 Registration. During the registration period for both the Spring Season and the
Fall Season, TCRYBA shall provide priority registration for residents of the Town
of Trophy Club and the City of Roanoke by establishing a period of time at the
commencement of the registration period when only residents of Trophy Club
and residents of Roanoke may register for the season. At the end of the priority
registration period, registration shall also be opened to residents of other
communities. Additionally, in order for the TOWN to control field usage and to
establish capacity limits for field usage, TCRYBA shall restrict the maximum
number of participants allowed to register based upon the maximum number of
weekly practice slots available.
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 3 of 13
Page 25 of 47
IV.
MAINTENANCE RESPONSIBILITIES
4.01 TOWN Maintenance Responsibilities. TOWN shall be responsible for all
routine maintenance of Independence Park, including the following:
1. watering;
2. mowing;
3. over seeding (as needed)
4. fertilization;
5. aerification;
6. top -dressing;
7. striping of the game fields, for league scheduled games & tournaments;
8. concession stand;
9. restrooms;
10. lighting;
11. irrigation;
12. turf management; and
13. other similar maintenance items
4.02 Repairs. TOWN shall have the sole discretion to determine nature and timing of
repairs and shall have the sole duty and responsibility for making repairs to all
permanent improvements owned by the TOWN such as fencing, buildings,
lighting, or other permanent structural improvements upon Independence Park.
4.03 TOWN Alterations. TOWN shall be permitted and shall have the right to make,
at its own expense, all alterations or additions to all or any portion of
Independence Parkas the TOWN determines appropriate in its sole discretion,
notwithstanding any conflicting provision of this Agreement.
4.04 TCRYBA Maintenance and Other Responsibilities: TCRYBA shall be
responsible for the following:
A. Maintenance and Improvements Generally. Maintenance or improvements
in addition to those provided by TOWN pursuant to this Section, shall be the
responsibility of TCRYBA and shall only be allowed upon the prior written
approval of TOWN.
B. Field Maintenance: TCRYBA through their President or designee shall
promptly notify the TOWN of all field maintenance requests, requests for
additional services or the existence of unsafe conditions by providing written
notice to the Park Superintendent and/or designee.
4.05. TCRYBA Alterations. TCRYBA shall not move, alter or remove, in whole or in
part, any improvement, fixed or movable, upon Independence Park, including
without limitation bleachers, without first obtaining the express written permission
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 4 of 13
Page 26 of 47
of the TOWN and then only in the event that the move, alteration or removal will
not subject such improvements or Independence Park to damage. Any such
move, alteration or removal shall be at the sole expense of TCRYBA.
4.06 Council Updates. An officer of the TCRYBA Board shall attend a Town Council
meeting and shall provide an update to the Town Council within thirty (30) days
after the last day of regular season play for both the Fall Season and the Spring
Season.
4.07 Ex -Officio Member. The Parks and Recreation Director or designee shall serve
as an ex -officio member of the Board of Directors of the TCRYBA. TCRYBA shall
email board meeting agendas to the Parks and Recreation Director or designee a
minimum of seventy—two (72) hours prior to each such TCRYBA Board meeting.
4.08 Sponsorship Opportunities. TCRYBA shall diligently pursue third party
sponsorships that will reduce the maintenance and operational costs of both
TCRYBA and TOWN, including without limitation, additional tournaments and
other TOWN authorized activities.
4.09 Events. TOWN and TCRYBA agree and understand that there is a benefit in
combining resources and participation in TOWN sponsored events. TCRYBA
agrees to work with TOWN in the joint scheduling and promotion of TOWN
events as practicable for both parties.
V.
RULES AND REGULATIONS / CLOSURE/ PARKING
5.01 TOWN Regulations. TCRYBA understands and agrees that its' use of the
Independence Park shall be allowed only in accordance with TOWN ordinances,
guidelines and regulations, including without limitation the following:
A. Athletic Facility Rainout Procedures: During questionable weather periods,
field playability status will be posted on the TOWN'S field conditions line by
12:00 p.m. weekdays and by 7:00 a.m. Saturdays, Sundays, and Holidays by
TOWN'S Parks Superintendent and/or designee. Emergency contact
numbers shall be distributed to TCRYBA designated officials prior to season
start. The field conditions line shall be updated as soon as possible when field
conditions change status.
B. Field Closure Policy and Procedure: TCRYBA shall cancel, delay or
postpone any games, tournaments, practices, scrimmages, camps or other
activities if severe weather conditions are present and/or when TOWN notifies
TCRYBA that supplemental watering will be conducted. Notwithstanding the
terms of this Agreement, TOWN, in its sole discretion, retains the right to
close any or all of Independence Park that is the subject of this Agreement.
The Park Superintendant and/or designee, at their sole discretion, may close
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 5 of 13
Page 27 of 47
Independence Park and suspend play at any time if, in TOWN'S sole
discretion, it is determined that continued use presents a risk of injury to
persons or damage to Independence Park or the general health, safety or
welfare of the public. Further, TOWN in its sole discretion, reserves the right
to close or limit the use of any or all fields during such times as the City
Roanoke closes its fields due to weather or maintenance related conditions.
In addition to the foregoing, all of a portion of Independence Park may be
closed for repair, remodeling, overseeding or other maintenance. In the event
of closure for such maintenance, TOWN shall timely notify TCRYBA officials
in order to minimize the impact on scheduling as much as reasonably
possible. TOWN also reserves the right to close all or a portion of
Independence Park during operational hours, and if resources are available,
TOWN may offer substitutions or alternatives for the use of Independence
Park or offer replacement premises or facilities.
5.02 Parking: During the term of this Agreement, TOWN shall provide TCRYBA with
access to and use of Independence Park east parking area. The repair and
maintenance of such parking lot shall remain the sole responsibility of the
TOWN.
VI.
TCRYBA USE OF TOWN PARK CONCESSION FACILITIES
6.01 Schedule. TCRYBA shall have the right to use the concession facilities at
Independence Park during the term of this Agreement.
6.02 Subleasing Prohibited. TCRYBA shall utilize the concession facilities only for
the purpose of vending and/or sale of concessions, food, beverages, or
merchandise. TCRYBA is strictly prohibited from leasing or sub -leasing the
concessions operation of any TOWN facility located on Independence Park
without written permission from the Director of Parks and Recreation.
6.03 As -Is Condition. The TCRYBA shall take Independence Park on an "as -is"
condition on the date of execution of this Agreement and there shall be no
obligation by the TOWN to make any other improvements to the concession
stands and/or any other Independence Park facilities. TCRYBA shall not make
any improvements or structural changes to any TOWN concession facility without
written permission by the Director of Parks and Recreation.
VII.
GENERAL REQUIREMENTS APPLICABLE TO TCRYBA
USE OF TOWN PROPERTY
7.01 Immunity: Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to affect, alter, or modify the immunity of either party under the
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 6 of 13
Page 28 of 47
Texas Civil Practice and Remedies Code §§101.001 et seq. It is expressly
understood and agreed that in the execution of this Agreement, neither TOWN
nor TCRYBA waives, nor shall be deemed to waive, any immunity or defense
that would otherwise be available to each against claims arising in the exercise of
governmental powers and functions.
7.02. Insurance: During the term of this Agreement TCRYBA shall obtain and
maintain, at its sole expense, general liability insurance with the minimum
amounts of $1,000,000 Bodily Injury Liability and $1,000,000 Property Damage
Liability while naming the TOWN of Trophy Club as an additional insured to
protect against potential claims arising out of the TCRYBA's use of the
Independence Park and the facilities. TCRYBA shall furnish TOWN with
certificates of insurance evidencing its compliance with this Paragraph at least
ten (10) days prior to the commencement of the term of this Agreement. Nothing
contained herein shall be construed to grant any third party rights or as a waiver
of any governmental and/or public purpose of the operation or use of all or a
portion of Independence Park.
7.03 No Third Party Beneficiary: For purposes of this Agreement, including its
intended operation and effect, the parties specifically agree and contract that: (1)
the Agreement only affects matters/disputes between the parties to this
Agreement, and is in no way intended by the parties to benefit or otherwise affect
any third person or entity, notwithstanding the fact that such third person or
entities may be in a contractual relationship with TOWN or TCRYBA or both; and
(2) the terms of this Agreement are not intended to release, either by contract or
operation of law, any third person or entity from obligations owing by them to
either TOWN or TCRYBA. This Agreement shall not create any third -party
beneficiaries.
7.04 Notice: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been
properly given when delivered by e-mail or personally during the normal business
hours of the party to whom such communication is directed, or upon receipt when
sent by United States registered or certified mail, return receipt requested,
postage prepaid, to the following addresses as may be designated by the
appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to TCRYBA:
John Watson
TCR Youth Baseball Association
PO Box 1568
Roanoke, Texas 76262
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 7 of 13
Page 29 of 47
If to TOWN:
Adam Adams
Director of Parks and Recreation
Town of Trophy Club
100 Municipal Drive
Trophy Club, Texas 76262
7.05 Claims Against Parties: Each party shall be responsible for defending and/or
disposing of all causes arising against the respective party as a result of its use
or occupation of Independence Park. It is expressly understood and agreed that
in the execution of this Agreement, neither TOWN nor TCRYBA waives, nor shall
be deemed to waive, any immunity or defense that would otherwise be available
to each against claims arising in the exercise of governmental powers and
functions.
7.05 Entire Agreement: This Agreement contains the entire agreement of the parties
hereto, and no other oral or written commitments shall have any force or effect if
not contained herein.
7.06 Severability: In case any one (1) or more of the provisions contained herein
shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect any other provision
thereof, and this Agreement shall be construed as if such invalidity, illegality or
unenforceable provision had never been contain herein.
7.07 Authority: The undersigned officers and/or agents are authorized to execute this
Agreement on behalf of the parties hereto, and each party hereto certifies to the
other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
7.08 Defective Conditions. TCRYBA shall promptly report to TOWN any defects or
dangerous conditions it discovers on or concerning Independence Park or other
TOWN property, and shall cease any such use until such defect or condition is
repaired or cured, provided TOWN shall not have an obligation to repair or cure
any such defect of condition.
VIII.
TERMINATION
8.01 Termination for Cause. Upon the occurrence of any one or more of the
following events, the Town in its sole discretion may elect to terminate this
Agreement upon ten (10) days written notice of default to TCRYBA:
A. Neither the position of President, Vice -President of Recreation, Treasurer nor
the position of Secretary of TCRYBA is held by a resident of the Town of
Trophy Club; and
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 8 of 13
Page 30 of 47
B. TCRYBA fails to take action to appoint a Trophy Club resident to at least one
(1) of the required positions set forth in subsection A within sixty (60) days
after the date upon which none of the required positions are held by a Trophy
Club resident.
C. TCRYBA defaults by failing to timely remit payment to TOWN in accordance
with the provisions of this Agreement or otherwise defaults upon any one or
more of its obligations under this Agreement, and TCRYBA has failed to
remedy such default within ten (10) days of the date of TOWN'S written notice
of default to TCRYBA.
8.02 Termination Without Cause. Either party may terminate this Agreement with or
without cause, by giving ninety (90) days prior written notice of the date of
termination to the other party. Upon termination, all permanent improvements
shall remain the property of TOWN and all personal property shall remain the
property of the party paying for such personal property. Removal of personal
property or improvements shall be subject to the terms contained herein.
However, all personal property and improvements remaining on Independence
Park property for ninety (90) days after the date of termination of this Agreement
shall become the personal property and improvements of the TOWN.
IX.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Agreement.
X.
APPLICABLE LAW
This Agreement is governed by the laws of the State of Texas; exclusive venue for any
action shall be in Denton County, Texas.
XI.
ASSIGNMENT
TCRYBA shall not assign, sublet, subcontract or transfer all or a portion of its rights or
obligations under this Agreement without the prior written approval of the TOWN.
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 9 of 13
Page 31 of 47
XII.
GENERAL REQUIREMENTS
12.01 Financials. TCRYBA shall provide financials for review by Town on or before the
last Monday in February for the previous Fall Season, and on or before the last
Monday in August for the previous Spring Season. This requirement shall survive
termination and/or expiration of this Agreement.
12.02 Reports. On or before the twenty-first (21 st) day following the commencement of
the Spring Season and the Fall Season, TCRYBA shall provide a written report
identifying the total number of TCRYBA registered players, the city of residence
for each such player, the associated age division for each such player, and the
classification of the player as a member of a recreation team or a select team.
12.03 Board Members. On or before the twenty-first (21S) day following the
commencement of the Spring Season and the Fall Season, TCRYBA shall
provide a list of the names and city of residence for each TCRYBA board
member.
12.04 Background Checks. TCRYBA shall require that each person volunteering to
serve as a board member, head coach and/or an assistant coach, or in any other
capacity pass a background check. Additionally, all adult umpires shall be
required to successfully pass a background check. TCRYBA approved standards
for successful completion of a background check shall be provided to TOWN,
and any person failing to meet such standards shall not be allowed to volunteer,
serve or otherwise work for TCRYBA in any manner or capacity.
TCR YOUTH BASEBALL ASSOCIATION
la
John Watson, President
TCR Youth Baseball Association
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 10 of 13
Page 32 of 47
TOWN OF TROPHY CLUB, TEXAS
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Holly Fimbres, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 11 of 13
Page 33 of 47
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
, 2015 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the _ day of
2015 by John Watson, President of the TCR YOUTH
BASEBALL ASSOCIATION, a nonprofit corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 12 of 13
Page 34 of 47
EXHIBIT "A"
(TOWN FIELDS & FACILITIES TO BE USED BY TCRYBA)
INDEPENDENCE PARK
Field #1
Field #2
Field #3
Field #4
Field #5
Field #6
Field #7
Batting cages
T -ball practice field
Concession #1
Concession #2
Parking
2015 Non -Exclusive Use Agreement with TCRYBA
Town Council Minutes May 12, 2015
Page 13 of 13
Page 35 of 47
ATTACHMENT F
Revenue Diversification Presentation
Town Council Minutes May 12, 2015 Page 36 of 47
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