Agenda Packet TC 05/22/2006Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, May 22, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
B.1 Discuss and take appropriate action regarding the adoption of the Town of Trophy Club
Procurement Policies and Procedures.
B.2 Discuss and take appropriate action to approve Minutes dated, April 17, 2006.
B.3 Discuss and take appropriate action to approve Minutes dated, May 1, 2006.
B.4 Discuss and take appropriate action regarding an ordinance canvassing the returns and
declaring the results of the General and Special Elections held on May 13, 2006.
B.5 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and
Presentation of Certificate of Election to the Incoming Council Members.
B.6 Opening remarks by Mayor Sanders to outgoing Council member and incoming Council
members and comments from outgoing Council member.
D.1 Council to tour Department of Public Safety Building, return to Council Chambers, and
discuss and take appropriate action with respect to the condition of the DPS building and
possible repair and/or replacement of the building.
D.2 Council to receive and discuss an update regarding the 4th of July celebration and to
provide direction regarding same.
D.3 Discuss and provide direction to the Town Manager to pursue a cooperative agreement
with the Towns of Westlake and Roanoke to jointly participate in an engineering study to
evaluate the feasibility of contracting with an additional wholesale water supplier.
D.4 Discuss and take appropriate action regarding an Ordinance adopting a Water
Conservation Plan promulgated by the City of Fort Worth as the water supplier for the
Town.
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D.5 Discuss and take action regarding a resolution to suspend the May 30, 2006, effective
date of the proposal by Atmos Energy Corp. to implement Interim Grip Rate Adjustments
for Gas Utility Investment in 2005 and authorizing participation with the Gas Standing
Steering Committee.
D.6 Discuss and take appropriate action to authorize the purchase of a new Quint Fire Truck.
D.7 Discuss and take appropriate action to approve financials dated April 2006.
D.8 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall
Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for
Eagles Ridge Phase II.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding the creation of a Building Standards
Commission.
Recognition of the NISD, girl's golf and hockey teams.
Codification of Ordinance. (June 5, 2006)
D.9 Informational Only - Additional Information for Council as provided by the Department
of Police and Fire Services.
D.10 Consent Agenda - Discussion and appropriate action to approve Interlocal Cooperation
Agreement-Tax Collection between Denton County and the Town of Trophy Club.
D.11 Consent Agenda - Discuss and take appropriate action regarding a Resolution supporting
the NISD School Finance Task Force's Core Beliefs.
D.12 Consent Agenda - Discussion and appropriate action to approve the newly revised
Denton County Mutual Aid agreement.
F.1 Adjourn.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.A.2
Invocation.
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.B.1
Discuss and take appropriate action regarding the adoption of the Town of Trophy
Club Procurement Policies and Procedures.
EXPLANATION:
The attached document reflects the changes to the purchasing policies made by the Council at the
last meeting. The changes from that meeting are highlighted in yellow. No other changes have
been made.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1.Purchasing Policies
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TOWN OF TROPHY CLUB
PROCUREMENT POLICIES AND PROCEDURES
TABLE OF CONTENTS
POLICIES 1
PURPOSE 1
POLICY 1
FREE AND OPEN COMPETITION 2
COMPLIANCE 2
CODE OF ETHICS 2
CONFLICT OF INTEREST 3
CONTRACTS 3
DECLARATION OF CONFLICT OF INTEREST 3
VIOLATIONS AND REMEDIES 4
SUBSTANTIAL INTEREST 4
LEGAL CONSIDERATIONS 4
PROCUREMENTS EXEMPT FROM STATE LAW COMPETITIVE BID REQUIREMENTS ..............................................4
CONFLICT OF INTEREST 6
PUBLIC ACCESS TO PROCUREMENT INFORMATION 6
CONFIDENTIALITY OF BIDDERS QUOTATIONS 6
METHODS OF PROCUREMENT 6
GENERAL 6
PETTY CASH PURCHASES – COST UP TO $100 7
CREDIT CARD PURCHASES – PERSONAL TRAVEL EXPENSES..............................................................................7
PROCUREMENT CARD PURCHASES 8
PURCHASES OVER $3,000 BUT LESS THAN $25,000 9
COMPETITIVE SEALED BIDS – COST OVER $25,000 9
PROFESSIONAL CONSULTING SERVICES CONTRACTS – RFQ/RFP .......................................................................10
ANNUAL CONTRACTS 11
SOLE SOURCE PURCHASES 11
STATE CONTRACTING PURCHASING 11
ALTERNATIVE PROJECT DELIVERY METHODS FOR CERTAIN PROJECTS .............................................................11
THE REQUISITION PROCESS 12
PROCEDURE FOR NON-EMERGENCY PURCHASES 12
PROCEDURE FOR EMERGENCY PURCHASES 13
PURCHASING PROCESSES 13
POLICY 13
REQUESTS FOR BIDS (RFB) OR REQUESTS FOR PROPOSALS (RFP)....................................................................14
BID PACKET 14
COMPETITIVE PROPOSALS 16
CANCELLATION OF A RFB/RFB 16
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MODIFICATION OF A RFB/RFP 16
RECEIVING THE BID OR PROPOSAL – PROCEDURAL REQUIREMENTS .................................................................16
DISQUALIFIED BIDS 17
CORRECTION OR WITHDRAWAL OF A BID 18
EVALUATING COMPETITIVE BIDS 18
GENERAL 18
TABULATING THE RESULTS 18
BASIS FOR PURCHASE DECISION 18
AWARDING THE BID 19
POLICY 19
DISQUALIFICATION OF A BIDDER 19
PROTESTING A BID 19
PROCUREMENT SPECIFICATIONS 20
MODIFICATION AND TERMINATION OF CONTRACTS...................................................................20
POLICY 20
REQUIREMENT TO RE-BID 21
DELIVERY OF GOODS 21
DISPOSAL OF SURPLUS PROPERTY 21
SECTION 1.0: POLICIES
1.01 Purpose
The purpose of the Town’s Procurement Policy is to provide the parameters for the
expenditure of funds in the procurement of goods and services for the Town of Trophy
Club. The policies and procedures outlined herein are intended to comply with the Town
of Trophy Club’s Mission and legally mandated federal and state statutes.
1.02 Policy
Regardless of the value of the expenditure it is the policy of the Town of Trophy Club to
promote competition that produces the highest quality goods and services at the lowest
possible price whether or not the item is subject to bid. The Town Manager in
coordination with the Town Council is charged with establishing the policies for the
procurement of all goods and services.
The Finance Department:
• Develops purchasing objectives, programs, and procedures for the acquisition of
materials, equipment, supplies, and services;
• Helps department managers provide open and fair competition to vendors; and
• Helps departments prepare and obtain approval of purchase orders, price
agreements, and contracts;
The City Secretary’s Office/Department Managers or designee:
• Receives, and monitors formal bids for purchases.
The Department Managers:
• Develops and maintains technical and non-technical commodity specifications;
• Ensures funding is available for procurement in department budgets.
• Provides open and fair competition to vendors;
• Prepares requisitions;
• Obtains approval of purchase orders, price agreements, and contracts;
• Prepares requests for proposals (RFPs) , requests for qualifications (RFQs) and
requests for bids (RFBs); and
• Monitors and evaluates the performance of vendors including but not limited to,
compliance with contract specifications.
1.03 Free and Open Competition
All procurement transactions, regardless of dollar value, whether advertised or
negotiated, shall be conducted in a manner so as to provide maximum free and open
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competition. The Town Manager or Town Council should be alert to organizational
conflicts of interest or noncompetitive practices among contractors that may restrict or
eliminate competition or otherwise restrain trade. In order to ensure objective contractor
performance and eliminate unfair competitive advantage, contractors who develop or
draft specifications and other requirements for solicitation instruments (Requests for Bids
or Proposals) shall be excluded from competing for such procurement.
1.04 Compliance
In order to have an efficient purchasing function, all departments must work in close
cooperation with the Finance Department. Departments can ensure compliance with the
Town’s policies and procedures by:
• Informing departmental personnel of the purchasing requirements and ensuring
adherence;
• Planning purchases in advance in order to allow sufficient time to advertise, when
necessary, obtain proposals, quotations, or bids, determine best source, and issue
purchase orders with reasonable lead-time for delivery and thus prevent emergencies;
• Providing accurate and concise specifications for items requested and timely
preparing requisitions;
• Inspecting or supervising the inspection of commodities, services and equipment
delivered; and determining acceptability of their quality, quantity, and conformity
with specifications; and
• Providing complete written documentation of a vendor's performance to be used in
future bid award evaluations.
SECTION 2.0: CODE OF ETHICS
Officers and employees of The Town of Trophy Club are public servants, who will carry
out their activities in a fair and legal manner avoiding actual or perceived conflicts of
interest. All officers and staff members are expected to conduct the activities of the
Town in full compliance with the law and in an honest, fair, and courteous manner.
Officers and staff members must neither ask nor expect contractors, vendors or others
with whom the Town does business to favor the Town, the officer or the individual staff
member with special treatment.
Officers and staff members should not permit personal preferences and dislikes to affect
decisions related to their duties. To do so acts against the Town’s policy which is to treat
all individuals, members, potential members, contractors, and others fairly and equitably.
Conversely, officers and staff members are expected to use their best professional
judgment and expertise when evaluating potential vendors and contracts for purchasing
goods and services.
This section does not preclude officers and staff from considering past purchasing
experience with a specific vendor when making a future purchasing decision or
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recommendation to Town Council. Third party references and vendor experience may be
considered by the Town when evaluating and awarding contracts for purchases.
SECTION 3.0: CONFLICT OF INTEREST
3.01 Contracts
Specifically, with reference to contracts, no employee or officer of the Town who
exercises any functions or responsibilities in the review or approval of an undertaking or
the carrying out of one of Town’s contracts shall participate in any decision relating to
that contract if the decision affects his or her personal financial interest, such officer or
employee has a substantial interest as defined by state law, or participation by such
officer or employee is otherwise prohibited by state law or Town policy.
If a former staff member or Town officer has worked less than one year for a business
seeking to contract with the Town, the business entity must make this known and must
describe the relationship between the former employee/officer and the firm. In no
instance may this former employee/officer have hours billed on any project or program.
To do so is reason for not awarding a contract.
3.02 Declaration of Conflict of Interest
In the event of a conflict of interest as defined by state law, the affected officer or
employee must file a signed affidavit declaring his or her conflict of interest. The
affidavit must be filed with the Town Secretary. Such official, officer or employee must
abstain from discussion of or voting on a bid, proposal or contract submitted by a
business entity in which he/she has a substantial interest. More specifically, in addition to
the requirement to complete an affidavit, when an item is placed before a Board,
Commission, Committee, or Town Council for review, any and all members of those
bodies who has a conflict of interest shall announce that he/she has such conflict and
shall leave the room until the body has discussed and taken action on the item for which
the member has a conflict.
Moreover, it is the policy of the Town that an employee who has a substantial interest in
a business entity as defined by state law, shall follow the procedure outlined in this
section by completing an affidavit and leaving the room where a discussion and/or vote is
taking place regarding the business entity in which the employee has an interest. Further
it is the obligation of officials, officers and employees to avoid apparent conflicts of
interest by abstaining and following the procedures specified in this section.
Officials, officers and employees shall abstain from participating in the procurement
process, which includes but is not limited to discussions, lobbying, rating, scoring,
recommending, providing current copies of contracts outside of Public Information Act
process, explaining or assisting in the design or approval of the procurement process on
contract with the organization he or she represents or from which he or she receives a
direct financial benefit; or on contracts with organizations in which a family member will
realize a direct benefit.
3.03 Violations and Remedies
Violations of the provisions of this Article constitute misconduct, subjecting the violator
to any and all penalties prescribed by law. Penalties, sanctions or other disciplinary
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actions, to the extent permitted by state or local law, rules or regulations, shall be
imposed for violations of the code of conduct/conflict of interest standards, by the
Town’s officers, employees or agents or by persons, contractors or their agents, when the
procurement involves state or federal programs and/or funds.
Appropriate sanctions, penalties or disciplinary actions shall be applied for violation(s) of
these policies and/or state law. Violations of state or federal law shall be referred to the
proper authority having jurisdiction over it.
3.04.1 Substantial Interest. A person has a substantial interest in a business entity if: (1) the
person owns 10 percent or more of the voting stock or shares of the business entity or
owns either 10 percent or more or $15,000 or more of the fair market value of the
business entity; or (2) funds received by the person from the business entity exceed 10
percent of the person’s gross income for the previous year. Additionally, a local public
official is considered to have a substantial interest if a person related to the official in the
first degree by blood or marriage, as defined by Chapter 573 of the Texas Government
Code, has a substantial interest as defined herein.
SECTION 4.0: LEGAL CONSIDERATIONS
4.01 Procurements Exempt from State Law Competitive Bid Requirements
Purchases made by the Town shall be in accordance with State law. Except as
specifically exempted by state law or by the terms of this Procurement Polices and
Procedures Manual, including but not limited to Sections Four, Five and Seven, written,
competitive bids must be taken for all procurements over $25,000. Procurements
exempt from the competitive bid requirement are as follows:
• Those made in case of public calamity, where it is necessary to act immediately to
appropriate money to relieve the necessity of the Town’s residents or to protect or to
preserve Town property and for which Town Council has approved a Resolution
ratifying the expenditure as an exception to the competitive bid requirement. Public
calamity shall mean a grave event or occurrence that causes great loss or distress for
the residents of the Town, including but not limited to natural disasters, acts of war,
acts of terrorism, and other events as authorized by law or as determined by the Town
Council to constitute a public calamity after consideration of the existing facts and
circumstances. Purchases made pursuant to this exception shall be in accordance with
the Emergency Management Procedures in effect at the time of the purchase.
• Those made necessary by unforeseen damage to Town property, machinery or
equipment for which Town Council has approved a Resolution ratifying the
expenditure as an exception to the competitive bid requirement. Such resolution shall
explain the nature of the damage, the cause of the damage, and the urgent need that
supports the use of an exception to competitive bid. Unforeseen damage shall mean
unexpected damage caused by some natural force or act of vandalism or other
criminal or negligent act or omission. Purchases made pursuant to this exception
shall be in accordance with the Emergency Management Procedures in effect at the
time of the purchase;
A procurement necessary to preserve or to protect the public health or safety of the
Town’s residents for which Town Council has approved a Resolution ratifying the
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expenditure as an exception to the competitive bid requirement. Purchases made
pursuant to this exception shall be in accordance with the Emergency Management
Procedures in effect at the time of the purchase; d
• Those for personal, professional, or planning services as budgeted are exempt from
competitive bid; however, the procurement of those types of services shall be done in
accordance with state law requirements and the RFQ/RFP process as specified in the
Town’s Procurement Policies and Procedures manual, including but not limited to
Section 5.07 of that manual;
• Those for work performed and paid for by the day as work progresses as budgeted by
the Town Council;
• A purchase of land or right-of-way for which Town Council has approved a
Resolution authorizingthe expenditure as an exception to the competitive bid
requirement;
• Items that are available from only one source and for which Town Council has
approved a Resolution authorizing the expenditure as an exception to the competitive
bid requirement;
• A purchase of rare books, appears, and other library materials for a public library and
for which Town Council has approved a Resolution authorizing the expenditure as an
exception to the competitive bid requirement;
• Paving, drainage, street widening, and other public improvements, or related matters,
if at least one-third of the cost is to be paid by or through special assessments levied
on property that will benefit from the improvements;
• A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters and for which Town
Council has approved a Resolution authorizing the expenditure as an exception to the
competitive bid requirement;
A payment under a contract by which a developer participates in the construction of a public
improvement as provided by Chapter 212 of the Texas Local Government Code and for which
Town Council has approved a Resolution authorizing the expenditure as an exception to the
competitive bid requirement;
• Personal property sold:
o At an auction by a state licensed auctioneer provided that such purchase has
been approved as a part of the budget or that the Town Council has approved
a Resolution authorizing the expenditure as an exception to the competitive
bid requirement;
o At a going out of business sale held in compliance with Chapter 17, Texas
Business and Commerce Code provided that such purchase has been approved
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as a part of the budget or that the Town Council has approved a Resolution
authorizing the expenditure as an exception to the competitive bid requirement
o By a political subdivision of the state of Texas, a state agency of the State of
Texas, or an entity of the federal government pursuant to an interlocal
agreement approved by Town Council; or
o Under an interlocal contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391 of the Texas
Local Government Code provided that such purchase has been approved as a
part of the budget and that Town Council has approved the interlocal contract
for cooperative purchasing;
• Services performed by blind or severely disabled persons;
Goods purchased by a municipality for subsequent retail by the municipality and for
which Town Council has approved a Resolution authorizing the expenditure as an
exception to the competitive bid requirement;
• Electricity; or
• Purchases made pursuant to an approved cooperative purchasing program or those
from an approved state program provided that Town Council has approved
participation in the cooperative purchasing or approved state program.
Contracts shall be awarded in a manner consistent with the provisions of Town policy
statements and state law.
4.02 Conflict of Interest
An employee of the Town may not solicit bid quotations from relatives of the employee
or relatives of another Town employee on products to be purchased by The Town.
4.03 Public Access to Procurement Information
Procurement information shall be a public record to the extent provided by the Texas
Open Records Act and the Freedom of Information Act and shall be available to the
public as provided therein. If a proposal contains information that the bidder considers
proprietary and does not want disclosed to the public or used for any purpose other than
the evaluation of the offer, all such information must be clearly marked as proprietary
and confidential by making such notation on each page or portion thereof containing
propriety and confidential information. The Town reserves the right to duplicate, use or
disclose the information as needed to prepare contract documents and working
documents for the project and is not liable for accidental disclosure of such information.
4.04 Confidentiality of Bidders Quotations
A vendor’s bid/proposal is confidential until opened. Therefore, no bid or proposal shall
be opened before the date and time of the published opening of such bid/proposal.
Opening bids/proposals prior to the publication date and time is a violation of state law
and Town policy.
SECTION 5.0: METHODS OF PROCUREMENT
5.01 General
The Town has four methods for procuring goods and services each of which is
determined by the total estimated cost of the purchase. However, regardless of the cost
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of the purchase, the objective is to secure the highest quality goods and services at the
lowest possible price. No purchase may be split to circumvent the dollar amount
requirements. With the exception of Petty Cash and procurement card purchases, the
procurement process begins with the preparation and approval of a Purchase Order (see
Section 6.0). All purchases except those made through Petty Cash, Procurement Card, or
those listed under the exemptions in Section 6.1 must be made through an approved
Purchase Order or Contract. Purchase Orders will not be issued “after-the-fact”.
5.02 Petty Cash Purchases - Cost up to $100
All Town departments and employees have access to the use of petty cash funds for
individual item purchases with dollar values not in excess of $100. The petty cash fund
is to be used for small purchases that the employee can pick up at a local facility if a
purchasing card is not accepted or if the employee has not been given a purchase card.
Town employees are not to misuse petty cash funds by splitting a purchase into more
than one transaction in order not to exceed the $100 limit. A petty cash slip must be
completed and signed by the requesting employee and authorized by the employee’s
manager. Receipts for each transaction must accompany the petty cash slip. Neither a
purchase requisition nor competitive bids are required when using petty cash.
5.03 Procurement Card Purchases –Travel Expenses
• Personal travel expenses (expenses made in support or for the
benefit of anyone other than the employee/official or expenses made
in support or for the benefit of the employee which are not
attributable to Town business) may not be charged to a procurement
card issued by the Trophy Club Entities. All travel and related
expenses incurred must be documented and submitted to the Town
along with a completed Travel Expense Form that includes all
receipts and supporting documents in accordance with IRS codes
and regulations. A copy of the Travel Expense Form is attached as
Exhibit “A” to this Procurement Policies and Procedures Manual.
• If the training or seminar was not approved through the budget
process, written permission must be obtained from the Department
Manager or Town Manager prior to travel. There must be money in
the budget to cover the travel unless the Town Manager or designee
makes the exception.
• Transportation – Attach a copy of the airline ticket showing flight times to the
appropriate purchasing card transaction sheet received from the Procurement
Card Administrator. If the mileage to drive your personal car is more than the
cost of the airline ticket plus ground transportation (i.e. taxi or shuttle service)
plus airport parking costs, the employee reimburses the difference. Attach a
copy of taxi or shuttle service receipts if applicable to the purchasing card
transaction sheet if they take a purchasing card. If you drive your personal car
and claim mileage, you cannot charge your gasoline on your purchasing card.
If you drive a Town of Trophy Club vehicle or if you receive a car allowance,
you can charge your gasoline for out-of-town trips.
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• Lodging – A copy of the invoice showing all expenses should be attached to
the purchasing card transaction sheet received from the Procurement Card
Administrator. In-room movies or pay television, phone calls, golf, sporting
events, dry cleaning or laundry, and valet parking are not reimbursable
expenses. For Texas destinations, you need to present a copy of the Texas
Sales and Use Tax Exemption Certification. State taxes should not be paid but
city taxes may or may not be exempt depending on local resolutions.
• Meals – receipts should be attached to the purchasing card transaction sheet
received from the Procurement Card Administrator. You actually need two
receipts. One would include the breakdown of items bought. The other would
be the receipt that shows the actual amount charged that includes a reasonable
tip of not more than 15%. No alcoholic beverages may be charged. The total
for the day depends on the time you leave and the time you come back.
Generally, you must be traveling by 7:00 a.m. to receive breakfast and stay
after 7:00 p.m. to receive the evening meal. The most per day is $30 if you are
traveling or at a conference the full day. If there is a partial day of travel, you
will need to keep the daily total to $10 per meal. If your conference includes a
meal, you should consider the meal to be $10 of your daily amount.
• Registration – if you do an on-line registration, be sure to screen print details
that show how much the conference costs, dates of the conference, and name
of the conference. If you fax the registration information, keep a copy of the
same details. Attach the copy to the purchasing card transaction sheet.
• Any unauthorized expenses are the responsibility of the cardholder and must
be reimbursed to the Town of Trophy Club.
• The Town Manager or designee must approve any exceptions to the above.
5.04 Procurement Card Purchases
The intent of the procurement card is to provide a controlled, but less labor-intensive
alternative to the existing procedures for purchasing and paying for items up to the pre-
determined credit limits. The Department Managers shall determine employees within
each Department who are to be issued a procurement card and the transaction value
limit to be assigned to each individual’s card. The Town Manager or designee shall
approve all limits. Cards are issued in the name of the designated Town employee and
the Trophy Club Entities. The card remains the property of the Trophy Club Entities.
Each potential cardholder shall attend a training session and sign a procurement card
policy that documents the cardholder’s responsibilities prior to being issued a card.
The Procurement Card is to be used to make purchases for operations included in the
Town’s approved budget. Violations of these requirements may result in revocation of
use privileges and/or disciplinary action, up to and including termination of employment.
Employees who have inappropriately used the Procurement Card will be required to
reimburse the Town for all costs associated with the improper use. Department
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Managers shall report any violations of this policy or abuse of a procurement card to the
Town Manager or designee. Department Managers who fail to properly report such
violation or abuse shall be subject to disciplinary action, up to and including termination
of employment.
Each employee who has been issued a card shall ensure that a receipt that indicates the
place, date and nature of the purchase is obtained each time the card is used. The
receipts will be attached to the procurement card transaction sheet, which will be signed,
dated, and turned in to each applicable Department Manager who will review each
purchase for appropriateness. The Department Manager shall sign the purchasing card
transaction sheet as an indication that all transactions have been reviewed and
approved and forward to the Procurement Card Administrator within the specified time
limit of no more than three days. The Procurement Card Administrator will reconcile the
individual Department packets with the monthly statement received from the issuing
Bank. Should any charges not be supported by receipts, the Procurement Card
Administrator will notify the applicable Department Manager who shall obtain a receipt or
other proper documentation evidencing the nature and amount of the purchase.
In the event that a receipt is lost or an employee fails to obtain a receipt, a lost receipt
form shall be completed and attached to the procurement card transaction sheet. Such
form shall contain an explanation of the reason that the receipt was not obtained or was
lost and any and all steps taken to obtain a duplicate copy of the receipt. The lost
receipt form shall be signed by the Manager or Director of the Employee’s Department.
An employees procurement card privileges may be revoked for failure to provide a
receipt or otherwise comply with the Town Purchasing Policies and Procedures Manual.
Use of a procurement card for a purchase in excess of $2,500 shall require the review
and approval of the Town Manager or designee.
If a purchase order is issued, attach the original purchase order with the appropriate
signatures to the procurement card transaction sheet so that Finance can close the
purchase order for financial reporting.
The Procurement Card Administrator is responsible for compliance with the issuing
bank’s Procurement Card guidelines and notifying the Town Manager or designee of any
problems. Additionally, each Department Manager shall be responsible for taking
appropriate remedial action to correct noncompliance with the Town’s policies and
procedures governing procurement cards by his or her respective employees.
5.05 Purchases over $3,000 but less than $25,000.
If the cost of the item(s) exceed $3,000 but is less than $25,000, departments are required
to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least
two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in
Denton County. If a purchase falls within the foregoing cost parameters and if a firm classified
as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a
department must attempt to contact at least two HUB's on each order.
Once all bids have been received and evaluated, the Department Manager or his or her
designee will place the purchase to the lowest responsible bidder. In the event that a
Department Manager or his or her designee desires to award a bid to a bidder other than
the low bidder, such employee provide a detailed explanation in writing specifying why
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the lowest bidder was not accepted. Such written explanation shall be attached to the bid
sheet.
5.06 Competitive Sealed Bids - Cost over $25,000
The Town Council must approve all non-budgeted or unanticipated purchases with values
in excess of $25,000 prior to the purchase. Once a resolution has been passed or
approval has been granted, the purchase must be made through the use of competitive
sealed bids (see Section 7.0) or some other purchasing method as authorized by this
policy. Invitations for sealed bids shall include specific instructions to the vendors
concerning bid submission requirements including the time, date and place for receipt of
bids by the Town.
Competitive sealed bids are to be advertised in local newspapers of general circulation
under the legal notices section. The bid must be advertised at least 14 days prior to the
date of the bid opening. The advertisement is to give adequate instruction as to the
nature of the bid, date and time of bid opening, and bidders conference, if applicable.
Exceptions to Competitive Sealed Bidding
Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of
these policies is applicable.
5.07 Professional Consulting Services Contracts –RFQ/RFP
Process.
a. RFQ/RFP Process. Professional consulting services means those within the scope of
the practices of accounting, architecture, land surveying, professional engineering, and
other areas as defined by the laws of the State of Texas. Such services to the Town are to
be provided pursuant to a third party independent contractor agreement for a specified
time period. Competitive bidding shall not be used to select the professionals/consultants
contracted by the Town. Compensation will be negotiated before the contract is signed
and after the consultant has been selected on the basis of his or her demonstrated
competence and qualifications to perform the services for a fair and reasonable price.
When professional consulting services are needed, the Department requesting the
services will prepare a Request for Qualifications setting forth a description of the scope
of services needed, the minimum desired qualifications, credentials and experience, and
the relative importance of each, and will forward that information to the Town Manager.
The RFQ shall be advertised and may also be sent out to qualified vendors whom Town
staff recommends. The Town Manager will assemble a team (Selection Team) of
appropriate staff that will evaluate the responses submitted by those firms whose
qualifications meet the requirements set forth in the Request for Qualifications. Requests
for Proposals shall be solicited and processed in accordance with the requirements set
forth in Section 5.07(b) hereof.
b. RFP Process. A Request for Proposal (RFP) will be sent to each consultant identified
by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a)
above. However, if the two-step RFQ/RFP Process is not utilized and the single step
RFP process is utilized, then the RFP must be advertised and must require that proposals
contain information identifying qualifications, credentials, and experience of those
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vendors submitting a response. The RFP shall also list the services desired and a
deadline for return of the RFP. The request shall require the responding
professionals/consultants to provide a schedule for completion of the scope of services,
where applicable. Copies of the proposal(s) shall be submitted to the Town Secretary
who shall process the responses in accordance with Section 7.0 and who will forward to
the members of the Selection Team. Interviews shall be scheduled with the highest
ranked firms. The Selection Team will ask each finalist to make a presentation of
experience and then may question the firms as to capability and methods of approach for
furnishing the required services. Professional compensation is not considered in these
discussions.
The qualified firm(s) shall be ranked from most qualified to least qualified. The
Selection Team shall begin negotiations with the most qualified to develop a contract.
The Town contract shall include all relevant terms and conditions, including but not
limited to, compensation, time required and full scope of work to be performed. If an
agreement satisfactory to both the Town and a firm cannot be reached, negotiations will
be terminated with that firm and the process started over with the second choice
candidate and so on. As soon as an agreement is reached, the Selection Team shall make
its recommendation to the Town Council.
c. Frequency. The RFQ/RFP process for professional services may be utilized bi-
annually.
5.08 Annual Contracts
For goods or services that are used repetitively throughout the Town such as office
supplies, paper goods, mailing services, or stationery, the Town may enter into an annual
contract with a supplier. The purpose of entering into an annual contract is to eliminate
the need to obtain competitive pricing each time repetitively used items are requested.
The Town will obtain competitive sealed bids requiring that bid prices remain in effect
for a specified period. The Town will enter into agreement, upon approval of the Town
Council (if the contract price exceeds $25,000), with the approved bidder by signing a
contract stating the terms and conditions. Once the contract period nears the end of the
term, the Finance Department will re-advertise the bid request for the following year
giving fair opportunity for vendors to respond.
5.09 Sole Source Purchases
When a department identifies a potential sole source purchase, a detailed justification
explaining why a sole source purchase is necessary must be provided to the Town
Manager or designee in advance for review and concurrence. Upon review and
concurrence of the Town Manager or designee, a Resolution outlining the basis for the
sole source purchase shall be submitted for Town Council approval. Except as
specifically provided otherwise in these policies, a sole source purchase may only be
made pursuant to an approved Town Council Resolution.
5.10 State Contract Purchasing
The Town has the option of purchasing items on contract through the Houston-Galveston
Area Council Cooperative Purchasing program and the State of Texas central purchasing
agency. Participation in these programs is strictly voluntary and the Town is not
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obligated to purchase through either. According to Section 271.081 - 271.083 of the
Texas Local Government Code, The Town is not required to obtain competitive bids for
items that are on state or local government contract. Because the State of Texas central
purchasing agency purchases in large quantities through a state cooperative purchasing
program, prices are generally lower than retail. One must keep in mind when purchasing
items under state contract that there are no alterations or modifications to the
specifications that are listed with the cooperative purchasing programs.
5.11 Alternative Project Delivery Methods for Certain Projects. Alternative project
delivery methods, include but are not limited to, construction manager at risk,
construction manager agent and design build contracts. Any of the alternative project
delivery methods specified in Subchapter H of Chapter 271 of the Texas Local
Government Code, as amended, may be utilized provided that the purchase and the
procedures utilized in making that purchase comply with all requirements specified
therein.
SECTION 6.0: THE REQUISITION PROCESS
6.01 Procedure for Non-Emergency Purchases
When the need arises for a single purchase of goods and/or services with an estimated
value in excess of $10,000, the user Department shall originate an on-line purchase
order. The purchase order must be prepared far enough in advance of the date that the
goods or services are needed to allow all procurement procedures to properly function,
including:
• Securing appropriate approval of the purchase
• Advertising for bids, if necessary
• Obtaining bids or price quotations
• Evaluating bids
• Preparing the contract
• Allowing delivery of goods or services in a timely manner
Each Department is responsible for ensuring that duplicate purchases are not made.
Once a purchase order is received, the Department Manager must:
• Check the purchase order for completeness, including quantity and concise
specifications;
• If specified as a sole source, ensure the reason for the sole source is documented and
appropriate;
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• Verify the budget authority. Check budget line item authority and budget balance for
sufficient unencumbered amount to cover the purchase.
Once the vendor selection process has been completed, the Department Manager will
bring the requisition to Finance who will prepare the purchase order. The Department
Manager will then secure the appropriate approval of the purchase order or contract. The
Town is not liable for making payment to vendors for purchases that have not had
prior approval of the Department Manager and have not been issued a purchase
order number. The Department needs to attach the approved Purchase Order to the
invoice received and forward to Finance for payment.
6.02 Procedure for Emergency Purchases
The designation of emergency purchase indicates a situation of such urgency that normal
purchasing procedures must be modified in the interest of time, and therefore no
competitive bids are required. The Town is allowed to make emergency or exempted
purchases without competitive bidding as defined in Texas statutes. An approved Town
Council Resolution is required for all emergency purchases; provided however, that if
due to exigent circumstances, the purchase must be made and time does not allow the
posting and holding of a Council meeting, the Town Manager or designee, may authorize
the expenditure by providing written permission to make the emergency purchase in
accordance with the Emergency Management Procedures in effect at the time of the
purchase; provided however, that the Town Manager or designee shall prepare and
submit , a ratifying Resolution to Council at the first available Council meeting after the
purchase is made where the item may be properly posted as required by law. A purchase
is not considered to be an emergency if the expenditure becomes necessary due to poor
planning.
All emergency purchases are processed as follows:
• The applicable Department Manager will be notified immediately with as much
information as possible about the emergency purchase required.
• The Department Manager contacts as many vendors as necessary to arrange the
emergency purchase. The purchase is completed by telephone by issuing a verbal
purchase order number to the vendor and requesting expedited delivery. The purchase
order is either mailed or faxed to the vendor at a later date.
• Staff making the request may be required to pick-up the emergency purchase from the
vendor, if applicable, if expedited delivery from the vendor is not available.
• Council approval or ratification must be obtained for all such emergency purchases
exceeding $25,000.00.
SECTION 7.0: PURCHASING PROCESSES
7.01 Policy
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Competitive written or telephone bids are to be sought for all purchases over $3,000 (see
Section 5.05). All practical means to obtain the best price available should also be used
when making emergency purchases.
Competitive sealed bids are required for those bids exceeding $25,000 (see Section 5.06).
The bid consists of the items offered by the vendor in response to the specifications,
along with details governing the offer. The Town bidding procedures contain the
following general requirements:
• A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall
be published in local newspapers of general. The advertisement is to be published
under the Legal Notices section of the newspaper. This should be coordinated
through the City Secretary’s Office.
• Bids are received until the date and hour set out in the specifications. The Town
Secretary or her designee will mark bids with the date and time at which they are
received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor
who wishes to withdraw a previously submitted bid and/or submit an alternate bid
may only do so prior to the bid opening. Under no circumstances will bids be
accepted after the specified date and time.
• The bids are to be opened at the date and hour specified in the bid and notice
documents, and submitted to the requesting department for review. Generally, the
lowest and best responsible bid is accepted. Occasionally, a bid may be split between
vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire
bidding process must be repeated. Sealed bids are opened publicly in the presence
of at least three (3) Town employees. The Town Secretary or her designee will
coordinate the opening of the bids.
• Bids are to be kept confidential from competitors until after the bid has been opened.
Once the bid is opened, the bid becomes open record in accordance with the Texas
Open Records Act.
• Sealed bids must be submitted to the Town of Trophy Club by mail or hand
delivered to Town offices. Envelopes must be clearly marked that a sealed bid is
enclosed. Faxed or late bids will not be considered for award. They should be
addressed to the Town Secretary.
• The Town of Trophy Club reserves the right to reject any and all bids submitted and
to waive any and all irregularities.
It is the consistent policy of the Town to use competitive principles in awarding all
public contracts of any amount with only limited exceptions as allowed by law. This
includes the purchase and lease of goods, the purchase of services, and construction
projects. These competitive principles apply to all departments of the Town of Trophy
Club.
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7.02 Requests for Bids (RFB) or Requests for Proposals (RFP)
RFBs and RFPs are used to notify vendors that the Town has specific requirements for
goods and/or services and that vendors are being offered an opportunity to fulfill those
requirements.
The bid system is to be kept simple and practical, and the bids must be advertised as
widely as possible in order for competition to work. Complicated bid invitations or
requests for proposals discourage competition and drive up prices.
7.03 Bid Packet
A bid packet contains documents needed by the vendor to respond to the requirements of
the RFB/RFP. It may include several elements:
Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the
bid/proposal package. It provides specific information that the bidder will need to
respond. As applicable, it should include:
• Quantity and brief description of goods or services to be provided
• Request for unit cost, extended cost, and total cost of items bid
• Estimated delivery time if vendor is awarded the bid
• Closing date and time for receiving bids or proposals.
• Place where bids or proposals are to be sent, including the address and office
• Person to contact for additional information
• Instructions to bidders (see example in Appendix F)
• For RFPs only: Factors to be used in the evaluation process, the weights attached to
each factor. Evaluation factors may include price, experience of vendor’s staff,
ability to respond in a timely way, past recommendations, safety record in accordance
with a duly adopted Town vendor safety record policy, and financial soundness, as
well as any others considered necessary. Other evaluation factors will depend on the
individual requirements attached with the procurement.
Standard Terms and Conditions: All conditions of doing business with the Town will
remain constant for all contracts and purchases, unless specifically deleted. They are
usually presented as an attachment to the RFP.
Special Provisions: Terms and conditions required for a particular contract or purchase.
Specification: The description of the purchase requirements. In place of enclosing the
actual specification, information about where the specification may be obtained may be
substituted.
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Pricing: The offer and acceptance page. The vendor quotes prices in accordance with
the specification requirements. Prices are usually provided by unit and include the total
cost for the estimated amount required.
A list of attendees and minutes of the bidders conference by the City Secretary or her
staff must be kept as part of the procurement file.
7.04Competitive Proposals
Competitive proposals can only be used for procurements of high-technology products or
services as allowed by law. The specification shall be written using performance
standards rather than the description of the good or service. The specification must also
specify the relative importance of price and other evaluation factors by identifying the
weight to be given to each factor.
• Vendors submit a proposal for a system to satisfy the requirements set forth in the
proposal. Proposals may incorporate various types of hardware or services to
accomplish the performance objectives set forth in the specifications.
• After proposals are received, the Town may enter into discussions with offerors who
submit proposals and who are determined to be reasonably qualified for the award of
the contract based upon proposal specifications. Offerors shall be treated fairly and
equally with respect to any opportunity for discussion and revision of proposals.
Revisions may be permitted during the discussion process after submissions and
before the award of the contract in order to obtain the best final offers.
• The contract must be awarded to the responsible offeror whose proposal is
determined to be the most advantageous to the Town considering the relative
importance of price and the other evaluation factors included in the request for
proposal.
7.05 Cancellation of a RFB/RFP
RFBs and RFPs may be canceled by the Town at any time before the date set for opening
bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or
proposal invitations.
7.06 Modification of a RFB/RFP
RFBs and RFPs submitted to vendors may also be modified by the Town after being
issued but before the final date for submission. When modifications are required, addenda
shall be mailed and/or faxed to all vendors receiving bid or proposal packets. The
modification notification should state whether the bid opening date is or is not extended.
The bid opening date may be extended if notification of the amendment will not give
vendors ample time to respond to the modified request.
7.07 Receiving the Bid or Proposal – Procedural Requirements
Receiving competitive bids and proposals must be done properly in order to ensure that
no possibility of favoritism or even the appearance of favoritism exists.
Notice of the time and place at which the bids/proposals will be publicly opened must be
published at least once a week for two consecutive weeks. The date of the first
publication must be at least fifteen (15) days before the date of public opening.
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• Each bid or proposal must be returned to the Town Secretary’s Office as designated
in the invitation. Each proposal is to be in a separate envelope, sealed and with the
bid or proposal identification number marked on the outside of the envelope. If more
than one bid is to be submitted, vendors are required to use separate envelopes for
each bid.
• The bid or proposal envelope must be clearly marked by the offeror with the date
upon which it is submitted to the Town and the Town Secretary or her designee shall
mark the date and time of receipt of by the Town.
• The bid or proposal envelope should then be filed unopened together with the other
bids or proposals for the same bid invitation until the time of the bid opening.
• Bids or proposals must be received by and opened on the date, hour and location as
specified in the invitation/request. Vendors are invited and encouraged to attend the
bid opening. Bid openings are considered open meetings and anyone can attend.
Three (3) Town representatives (i.e. employee, town official, or professional staff)
must be present at all bid openings.
• All bids and proposals must be sealed with the identification number clearly marked
on the outside of the envelope. One bid or proposal may be submitted per envelope.
Opened bids shall be kept on file and available for inspection.
7.08 Disqualified Bids
The following are grounds for disqualifying a submitted bid:
• Incomplete bids/proposals may be considered non-responsive. Such bids/proposals
may be considered for award if the non-responsiveness is due to a non-material
omission. (i.e. the omission does not affect price, quality, quantity, delivery or other
material contractual conditions).
• Unsigned bids/proposals, or bids/proposals with unauthorized signatures.
• Bids or proposals received after the date and time for opening. Late bids/proposals
are not considered for award of the purchase, will not be opened, and will be returned
to the submitting bidder/proposer.
• Bids/proposals where prices are conditional on award of another bid, or when prices
are subject to unlimited escalation. If allowed by the specification, prices may be
subject to escalation based on an independent wholesale index.
7.09 Correction or Withdrawal of a Bid
Bids may not be altered or amended after the submission deadline. A non-material
omission or error may be waived if:
• The omission or error relates to a matter of form, not substance; and
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• Does not otherwise prejudice the other bidders/offerors.
Any alteration or change made to a bid or offer prior to opening must be initialed by the
authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may
not be corrected. In the event of a conflict between a unit price for an item(s) and the
total price for such item(s), the Town reserves the right to resolve the conflict by
accepting the lowest price.
SECTION 8.0: EVALUATING COMPETITIVE BIDS
8.01 General
The Finance Director or his designee will provide tabulations, calculation checks, price
extension and information about compliance with specifications to the RFB/RFP.
8.02 Tabulating the Results
When bids or proposals are opened, the results are tabulated by the Finance Director or
his designee for easy reference. The following information is included in the bid
analysis:
• All calculations and sums are double checked for accuracy.
• Unit prices are extended to a total price for the requested quantity.
• The bid or proposal is verified to determine if all requirements listed meet
specifications. All areas where the bid/proposals fail to meet conditions included in
the specifications and whether any failures disqualify the bid/proposal are listed. Any
modifications to the specifications submitted by the vendor are so noted.
• All required samples to be included, if applicable, are verified by the Department.
• Samples of the desired product, if required, are tested and results of the test noted by
the Department.
8.03 Basis for Purchase Decision
The evaluation and recommendation includes whether or not the vendor has submitted a
responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally,
information on the vendor’s record of being a responsible bidder (one who has proven
capable of performing a contract and/or appears financially and technically capable of
adequately performing this contract) is included. If the bidder’s safety record is to be
considered, the evaluation states if the bidder has an acceptable record, and if not, the
identifiable factors that were not satisfactory as required by the written definition and
criteria for accurately determining the safety record of a bidder and the Town has
complied with all other requirements of §252.0435 of the Texas Local Government Code,
as amended.
SECTION 9.0: AWARDING THE BID
9.01 Policy
The Town awards bids to the vendor who meets the requirements set forth in the bid
documents who offers the lowest cost or the vendor who provides goods or services at the
best value for the Town pursuant to the criteria set forth in Section 252.043 of the Texas
Local Government Code, as amended. If staff recommends award of a bid to a vendor
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who is not the lowest responsible bidder, justification for the vendor selection must be
documented. In the event that no bid is deemed satisfactory, the Town may declare that
all bids are unacceptable.
9.02 Disqualification of a Bidder
If a bidder has provided unsatisfactory service or products to the Town in the past, those
experiences are to be thoroughly documented in order to support any later
disqualifications.
A vendor who fails to provide satisfactory products, goods or services or who has
breached, terminated or been terminated from a contract with the Town in the past will be
removed from the Approved Vendors List for future bidding opportunities and may be
disqualified from bidding on future projects.
SECTION 10.0: PROTESTING A BID
Upon selection of an offeror or bidder, all competitors must be notified in writing of the
procurement results and advised of their right to appeal the decision by the Department.
A protest must be submitted to Town Manager or designee within seven (7) calendar days
of the date upon which the Town’s written notice of procurement results is made. All
such protests will be reviewed by the Town Manager or designee who will issue a written
decision regarding the protest. An appeal from the decision of the Town Manager or
designee may be made to Town Council and shall be placed on the Council agenda on the
first available date for which notice and publication requirements may be met after a
written notice of appeal is received by the Town Secretary.
SECTION 11.0: PROCUREMENT SPECIFICATIONS
A specification is a concise description of goods or services the Town seeks to buy, and
the requirements the vendor must meet in order to be considered for the award. A
specification may include requirements for testing, inspection or preparing an item for
delivery, or preparing or installing it for use. The specification is the total description of
the purchase. A good specification has four characteristics:
• It sets the minimum acceptability of the good or service. The term minimum
acceptability is key, since the vendor must know the minimum standard to determine
what to provide. Setting too high a standard means tax dollars will be wasted, while
setting too low a standard means the good or service will not meet the expectations of
the user.
• It should promote competitive bidding. The maximum number of responsible
vendors should be able to bid to the specifications. Restrictive specifications
decrease competition.
• It should contain provisions for reasonable tests and inspections for acceptability
of the good or service. The methods and timing of testing and inspecting must be
20
indicated in the specification. Tests should refer to nationally recognized practices
and standards, whenever possible.
• It should provide for an equitable award to the lowest responsible bidder. The
buyer obtains goods or services that will perform to expectations, and the vendor is
able to provide the goods or services at an equitable price.
SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS
12.01 Policy
All modifications or changes to a contract must be in writing. The Town Manager or
designee may approve a modification or change order that increases or decreases a
contract by $15,000 or less. The Town Council must approve modifications or change
orders exceeding $15,000. The original contract price is not to be increased by more than
25%. Additionally, funding must be available to cover the cost of the price increase.
The original contract price may not be decreased by more than 25% without the consent
of the contractor.
A contract awarded by the Town Council may only be terminated upon the approval of
such termination by Town Council.
12.02 Requirement to Re-bid
• In the event that a change order exceeds 25% of the contract price, a new bid must be
solicited using the same bidding procedures as noted in Section 6.0. A new bid
solicitation is to be issued if the procurement of supplies, equipment or services is
materially different from that specified in the previous bid process regardless of the
percentage in increase in the contract price.
SECTION 13.0: DELIVERY OF GOODS
Once goods are delivered to the Town’s offices, receipt of delivery is noted by signature of the
receiving department or the receptionist in the Administration Building. If the receptionist
receives goods, he/she will notify the department to which the goods belong.
The person receiving the goods should make every effort to inspect the goods prior to signing the
delivery ticket. If visible damage to a container being delivered is detected, it should be noted on
the delivery ticket. Although damage to the contents of the package may not be seen, making
this notation on the delivery ticket could make filing a claim easier if in fact the contents are
damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no
way of knowing of the damage.
SECTION 14.0: DISPOSAL OF SURPLUS PROPERTY
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Annually, all departments shall review their assets and determine which items are no longer
needed. A list of surplus, obsolete or unused supplies, materials or equipment, including
description, make, model, and serial numbers should be forwarded to the Town Manager. Upon
review and approval by Town Manager or her designee the items on the department’s lists may
be transferred to other departments or sold through public auction. A copy of the items sold
including amounts, names, and addresses will be provided to the Finance Department so that it
can be removed from asset lists and insurance.
22
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.B.2
Discuss and take appropriate action to approve Minutes dated, April 17, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. April 17, 2006 Minutes
23
MINUTES OF WORKSHOP AND REGULAR TOWN COUNCIL MEETING
FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, April 17, 2006
6:30 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, April 17, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
TOWN COUNCIL MEMBERS ABSENT:
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Jim Hurley Police Captain
Danny Thomas Fire Captain
Kerin Fleck Planning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 6:51 p.m. noting a quorum was present.
A.2 Invocation.
Mayor Sanders gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council member Williams led the pledges
.
B.1 Town Council Workshop to discuss revisions to the Purchasing Policies.
Workshop started at 6:53
The following sections were discussed:
Section 1.03 - Changed “should” to shall.
Section 4.01 – Strike “or” and replace after Electricity from the last bullet.
Interim Town Manager, Roger Unger asked if the following bullet meant that we are held to competitive bid until
such time that Town Council can meet and approve a Resolution, assuming that we still have a Quorum of the Town
Council, after such calamity.
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“Those made in case of public calamity, where it is necessary to act immediately to appropriate money to relieve the
necessity of the Town’s residents or to protect or to preserve Town property and for which Town Council has
approved a Resolution authorizing the expenditure…”
Council member Edstrom asked if this Resolution was going to be done in connection with the revisions of the
Procurement Policies.
Town Attorney, Patricia Adams explained that this was added to specify those situations where exceptions would
require a Council Resolution and that it could be a ratifying Resolution. Patricia Adams continued that the
Resolution would more likely be in accordance with the Town Emergency Management Program, which we recently
realized needs to be updated as well.
Changed authorizing to ratifying, twice in the first bullet and once in the second under section 4.01.
Section 5.00 - Strike Finance Director and replace with Town Manager or designee.
Strike the last bullet in 5.03 and the Mayor or Mayor Pro Tem from section 5.04.
Mayor Pro Tem questioned the description of Personal Travel Expense in 5.03. Changed
Credit Card to Procurement Card and struck the last two sentences of the first bullet.
Added another bullet, “Employees must include all expenses incurred, receipts and
documents in accordance with IRS Codes.”
Section 6.02 - Added, “The Town Manager or designee can make a decision and bring a
ratifying resolution to the next Council meeting.” (Reference Emergency Management
Procedures)
Section 12.01 – Changed “Finance Director” to Town Manager or designee.
Added the eight bullets (violations), from 2. Purchasing Card Maintenance and Closure, page 7 of the Cardholder User
Guide to a formal letter for the employee to sign and to be kept in their Personnel File.
Workshop ended at 7:35
B.2 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.
Jackie Stephens – 336 Inverness Drive - Updated the Council of the agenda for the April 21st, Meet the Candidates
Forum.
Ms. Stephens also expressed her gratitude and appreciation to the Police and Fire Services for their support and help
with the car accident she was involved in on March 18th.
B.3 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
Voting for May Election
Early Voting will be held in the Public Service Conference Room:
May 1 – May 9 8:00 a.m.-5:00 p.m. (Monday-Friday)
May 3 and May 8 7:00 a.m.-7:00 p.m.
May 6 Saturday 8:00 a.m. – 12:00 p.m.
Election Day Voting will be held in the MUD Board Room on:
May 13th 7:00 a.m.-7:00 p.m.
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June 2006 Expirations for Boards and Commissions
Applications are being accepted for Economic Development Corporation A, Economic Development
Corporation B, Planning and Zoning Commission, Tree Board and Zoning Board of Adjustment.
Applications and required supplements can be downloaded from our website at: www.ci.trophyclub.tx.us,
or obtained at the Town Offices. Inquiries or questions should be directed to Lisa Ramsey, Town Secretary
at 682-831-4601or lramsey@ci.trophyclub.tx.us. The deadline for submission is May 12th by 5:00 p.m.
Community Development:
Streets & Infrastructure
Street Maintenance – Minor maintenance will continue this week on Trophy Club Drive including the
intersection at Trophy Lake Drive. Various lanes will be closed during the day for a few hours at a time.
Residents are encouraged to be especially cautious while workers are present in the roadway.
Storm Drain Maintenance - Maintenance and repairs will begin in May on the storm drain infrastructure on
Inverness north of Indian Creek. The repairs will take approximately 90 days and the roadway will remain
open throughout. Letters of notification will be sent out via mail to the affected residents this week.
Code Enforcement
Signs – As the May 13th election approaches, we want to remind residents that one political
sign per candidate is allowed on each residential property. Multiple signs are allowed on
commercial property, but individual candidates may place their signs no closer than 25 feet
apart. Signs are prohibited on public property, which includes right-of-ways and medians.
Finance:
Town preliminary evaluation increased by 36.6 million dollars year to year.
Parks and Recreation:
Fourth of July Advisory Group
Given that the 4th of July is the largest event that the Town holds, staff is looking for a greater amount of
public input and involvement in the operations of this event. If you are interested in serving on a Fourth of
July Advisory Group, please contact Adam Adams by April 28th, 2006. Currently 5 residents have
expressed interest.
P & R will be spraying the medians this week, and will begin flower planting late this week/early next
week.
P & R will also be spraying the Asian Jasmine along Indian Creek with herbicide, and replacing it next
week with sod that was donated.
Planning & Zoning
DR-Horton
Planning & Zoning Commission will conduct a public hearing on Thursday, April 20, 2006 at 7:00 pm.
B.4 Discuss and take appropriate action regarding a Proclamation declaring May 4th, 2006 as Day of Prayer in
Trophy Club to coincide with the National Day of Prayer.
Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded.
Mayor Sanders read the Proclamation and invited residents to come and observe the NDP, which will be held on
May 4, 2006 at noon, at the Clock Tower. In case of rain, it will be moved to the Lake Cities Church.
Motion passed unanimously.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING AT 7:47P.M.
PUBLIC HEARING
C.1 Public Hearing:
Consider:
26
A request for Replat of lots 1353-R and 1354 of Section Eleven, more particularly described as 31
Meadowbrook Lane and 33 Meadowbrook Lane. Applicant: Anton Merieter (RP-06-004)
Planning and Zoning Coordinator, Kerin Fleck advised the Council that The property owner of lot 1354 (33
Meadowbrook Lane) is seeking a Replat in order to gain an additional 60’x83’ area directly off their rear yard. This
small portion of land currently is part of lot 1353 – R (31 Meadowbrook Lane).
Mayor Sanders recognized Tom Vogt with Vogt Surveying.
C.2 Public Hearing:
Consider:
A zone change request for an approximate 1.767 acre tract of land located generally to the north of the
Municipal Utility District Wastewater Treatment Plan Facility and south of the Town's northeastern city
limit, and being part of the Mary Medlin Survey, A-832, from its current zoning of R-12 - Single Family
Residential to CR -Commercial Recreation. Applicant: Beck Properties. (ZCA.06.009)
Kerin Fleck advised that this request is for zone change of an approximate 1.767 acre tract of
land located generally to the north of the Municipal Utility District Wastewater Treatment Plant
Facility and south of the Town's northeastern city limit, and being part of the Mary Medlin
Survey, A-832, from its current zoning of R-12 - Single Family Residential to CR Commercial
Recreation.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 7:51 P.M
*REGULAR SESSION
D.1 Discuss and take appropriate action regarding C.1.
Council member Williams made a motion to approve. Council member Edstrom seconded.
Motion passed unanimously.
D.2 Discuss and take appropriate action regarding C.2.
Council member Williams made a motion to approve. Council member Edstrom seconded.
Motion passed unanimously.
D.3 Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a
Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates.
Roger Unger stated this is an increase in the franchise fee for residential user from $1.01 to $1.03 per month and is
styled in a manner that if we take no action, increase occurs automatically, to decline increase, action would need to
be taken.
Council member Williams commented that this is an increase in citizen taxes.
Item died for lack of a motion.
D.4 Receive an update from the NISD Joint Use Task Force and discuss same.
Community Development Director, Beth Ann Gregory, reported that the Task Force has met a number of times and
has had very positive discussions regarding Northwest Resources, Field Irrigation and Local Resources Potentially
Available for Joint Use. Beth Ann Gregory stated that the district would keep our ideas in mind as they begin their
planning and design process for the new school and based on a fall of 2009 opening, the district would like to begin
working on formal joint use agreements in the spring of 2007.
D.5 Discuss and take appropriate action regarding the reconfiguration of Police and Fire Chief positions.
Roger Unger informed the Council that the MUDs had substantial discussion regarding the reconfiguration of this
position at the April 13th Master District meeting. Roger Unger continued that the MUDs attorneys are reviewing
the agreement where the MUDs contracted with the Town to provide fire protection, agreeing to fund and use their
ability to levy a fire tax on MUD1 and MUD2. Roger Unger suggested that the Council postpone posting for these
positions until the MUDs have time to review the financials involved in reconfiguring this position, the financials
will be forwarded to both the Town Council and Master District.
Mayor Sanders recognized Captain Jim Hurley acknowledging his resignation and last day of April 21st. The Mayor
thanked Captain Hurley for his dedication and service and wished him well with his new position.
27
Roger Unger confirmed that Captain Thomas will continue to function in the capacity of Acting Fire Chief and
expressed his confidence in Captain Thomas’ ability to keep the Fire Department up and running. Roger Unger
concluded that there are a couple of options for staffing the Police Department in the interim pending.
Mayor Sanders clarified that this item does not require any action and was included only as an update.
D.6 Discuss and take appropriate action to approve financials dated March, 2006.
Council member Williams questioned why the year to date the trash revenue is currently 40% of budget and not at
50%. Roger Unger responded that we run one month behind on collections so will be close to 50% once the next
month comes in.
Williams asked about the $6,600 of waste income and the $3,500 of Special Events revenue. Roger Unger
responded that the $6,600 is from Nextel as the contract specified that whether or not the tower was built they would
begin paying rent in February and that the $3,500 is from Christmas coming in late.
Williams asked why we are already over the 100% on EMS independent labor. Roger Under explained that this was
due to us being short staffed and that with the recent hiring of two employees, this should be offsetting.
Williams also requested a report on unemployment and Worker’s Comp taxes. Roger Unger reported that we
budgeted $63,218 for Worker’s Comp and have paid $60,542, we budgeted $11,588 for Unemployment Taxes and
have paid $11,595.
Williams questions the Police Budget, ytd for training we are at 24%, but are at 105% for travel and per diem.
Roger Unger explained that the overage in the travel and per diem was for a seminar that Director Briggs attended in
September that did not hit until October 2005, which the auditors did not want to move back.
Williams advised that we paying a lot for property maintenance in the Parks. Roger Unger advised that we are
occurring expenses in our general fund budget and then with EDCs approval, transferring the funds from them.
Mayor Sanders clarified that on page 4, engineering item of $11,783 was not budgeted but is the Storm Sewer on
Inverness. Mayor Sander also commented that on page 12 under police, building maintenance is over budgeted and
suggested that we prepare ourselves to deal with air conditioning problems and roof leak problems that have not
been solved. Roger Unger explained that we are still trying to resolve roof leak problems and think that we have the
issue identified. Roger Unger also commented to the antiquated air conditioning system that seems to break a lot,
expressing that he will be satisfied if we only spend another 5,000 on repairs for it.
Mayor Pro Tem Cates commented that it is ok for line item totals to go over, but that the over all budget needs to be
inline.
Williams asked for Roger Unger’s projection regarding Administration and the personnel salary budget. Roger
Unger answered that should be close even with the addition of the Town Manager salary.
Council member Williams made a motion to approve. Mayor Pro Tem Cates seconded.
Motion passed unanimously.
Mayor Sanders called the Council’s attention to D.3, stating that Patricia Adams has informed him that if Council
does not take action, the increase would go into affect automatically, questioning if Council had misunderstood this
as well.
Mayor Sanders placed item D.3 before Council:
Discuss and take appropriate action regarding a notice from the Public Utility Commission of Texas for a
Consumer Price Index Adjustment to Municipal Telecommunications Right-of Way Access Line Rates.
Council member Williams made a motion not passing an increase. Mayor Pro Tem Cates seconded.
Motion passed unanimously.
28
D.7 Informational Only - Additional Information for Council as provided by the Department of Police and Fire
Services.
No action taken.
D.8 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Discuss and take appropriate action regarding joint participation with area cities in an engineering study to
evaluate the feasibility of contracting with an additional wholesale water supplier.
Carter and Burgess has submitted a request for a public hearing the first meeting in May: Tentatively
scheduled for May 1, 2006 providing that they get through P & Z and can be referred to Council.
Codification of ordinances. (May 1, 2006)
Amendments to Overnight Parking section of Ordinance 2005-26. (May 1, 2006)
New items added:
Consideration of Outside Storage Ordinance. (May 1) Mayor Sanders requested that information and if the
ordinance is ready prior to the meeting, that we have a link to it on the website.
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated April 3, 2006.
Council member Edstrom made a motion to approve. Mayor Pro Tem Cates seconded.
Motion passed unanimously
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.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 8:21 P.M.
EXECUTIVE SESSION
E.1 Pursuant to Section 551.074(a)(1) of the Texas Open Meetings Act, Town Council will convene into
Executive Session to discuss or deliberate the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of a public officer or employee:
1. Appointment of Town Manager Brandon Emmons and terms of engagement.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION 8:35P.M.
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to terms of engagement and proposed contract with Town
Manager Brandon Emmons
Council member Edstrom made a motion to approve the employment agreement with Brandon Emmons. Mayor Pro
Tem Cates seconded.
Mayor Sanders commented that due to the following modifications; the addition of “approved by Town Council”
was added to the end of Section 3.01 and that the word “Contract” was changed to Agreement in section 3.03.
Mayor Sanders continued that Brandon Emmons will start as Town Manager on June 1, 2006, with a two year
agreement, that the agreement have a termination and salary adjustment clause.
29
Council member Williams moved the modifications as suggested by Mayor Sanders. Council member Edstrom
seconded.
Motion to approve the modifications passed unanimously.
Motion to pass the employment agreement passed unanimously.
F.1 Adjourn.
Council member Williams made a motion to adjourn. Mayor Pro Tem Cates seconded.
Meeting adjourned at 8:40 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
______________________________ _______________________________________
Town Secretary, Lisa Ramsey Mayor Nick Sanders
Town of Trophy Club Town of Trophy Club
30
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.B.3
Discuss and take appropriate action to approve Minutes dated, May 1, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. May 1, 2006 Minutes
31
MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, May 1, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, May 1, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Beth Ann Gregory Community Development Director
Adam Adams Parks and Recreation Director
Lee Delk Police Sergeant
Danny Thomas Fire Captain
Mike Pastor IS Manager
Kerin Fleck Planning Coordinator
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present.
A.2 Invocation.
Mayor Sanders led the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Mayor Pro Tem Cates led the pledges.
B.1 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.
No citizen presentations.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
Voting for May Election
Early Voting began today in the Public Service Conference Room:
May 1 – May 9 8:00 a.m.-5:00 p.m. (Monday-Friday)
32
May 3 and May 8 7:00 a.m.-7:00 p.m.
May 6 Saturday 8:00 a.m. – 12:00 p.m.
Election Day Voting will be held in the MUD Board Room on:
May 13th 7:00 a.m.-7:00 p.m.
Community Development:
Storm Drainage - Repairs and maintenance on the Strom Drainage System on Inverness between Indian
Creek and Forest Hill will begin this week. The roadway will remain open throughout the construction, but
will be reduced to one lane in places during the process.
Highway 114 – There have been significant delays on Hwy 114 during the morning and evening rush hour.
TX DOT has been notified of the issue and will evaluate the programming of the traffic signals to help
alleviate the situation.
Finance:
Budget Workshop
Following the May 13th Election, Lisa will be contacting the Council Members to set up a date to continue
budget discussions.
Parks and Recreation:
The 4th of July Advisory Group had their first meeting on Thurs, April 27.
The Park and Recreation Board has an opening. More information available on the website.
Planning & Zoning
The Commission will conduct a public hearing May 4, 2006 to consider a request specific to
an amendment to the signage regulations for 99 Trophy Club Drive, The Executive Suites.
Proposed PD-27, The Highlands at Trophy Club is scheduled for public hearing before the Town Council
on Monday, May 8, 2006.
Police and Fire Services
Vacancy
The MUDs will discuss filling the Director of Police and Fire Service Vacancy at the May 18th meeting.
Activity
As a result of teenagers congregating on the golf course during the dark hours of the evening, We have
contacted the golf course to obtain the use of a golf cart to patrol the course two or three times a week. We
will also use the bikes periodically.
Siren Activation Criteria
Tornado warning from the National Weather Service with directional implication
Tornado warning or severe weather warning from the National Weather Service or Skywarn personnel
50 mph or greater sustained winds (straight line implication)
1’’ inch or larger hail
Pancake Breakfast
The Fire Department will host their annual Pancake breakfast on Saturday, May 13th from 7:00 - 10:30
a.m.
Pancakes, Sausage, coffee and Orange juice will be served.
$4.00 for Adults
$2.00 for Children
Mayor Sanders reminded Council and residents of a motion made at the February 6, 2005 Town Council meeting,
moving the regular scheduled meeting on May 15, 2006, to May 22, 2006, in order to meet the official canvassing
requirements.
33
TOWN COUNCIL TO CONVENE INTO REGULAR SESSION
*REGULAR SESSION
B.3 Discuss and take appropriate action regarding a Proclamation declaring and supporting the Click it or
Ticket campaign, May 22 through June 4, 2006.
Mayor Pro Tem Cates read the Proclamation.
Council member Edstrom made a motion to approve the Proclamation. Council member Williams seconded the
motion; motion passed unanimously.
Mayor Sanders asked that the dates for this campaign be announced on the Marquees, Town website and Channel 7.
Police Sergeant, Lee Delk informed the Council that the department would be handing out flyers this Friday at
Lakeview Elementary Field Day.
D.1 Discuss and take appropriate action regarding the amendments to Traffic and Street Control Regulations,
Ordinance 2005-26, Section VI.
Council member Williams made a motion to approve the Ordinance. Council member Foley seconded the motion;
motion passed unanimously.
Council member Foley made a motion amending the 3rd vehicle fee be $100.00 rather than $150.00 and include a
$10.00 transfer fee for the permit. Council member Edstrom seconded.
Council member Williams believes that the vehicle fee should remain at $150.00.
Council member Edstrom asked if all the stop signs have been verified and updated.
Planning and Zoning Coordinator, Kerin Fleck responded that with the addition of each sub division, the plat is
forwarded to the Police Department
Mayor Pro Tem Cates requested that the Police monitor the stop sign at Durango and Parkview, as people are not
making complete stops, which makes it hard for the residents to back out of their driveways.
Town Attorney, Patricia Adams suggested that the sentence beginning with “Each permit shall be a non-transferable
permit…” be replaced with “A permit shall be issued to an individual vehicle owner and therefore shall not be
transferable to a third party. A permit holder who shows proof of the transfer of ownership of a permitted vehicle
may transfer the permit on that vehicle to a newly acquired vehicle for a transfer fee of ten dollars ($10.00);
provided however, that such transfer of permit shall not extend the term of the permit.”
Both the mover and second agreed.
Motion to approve the amendment passed 3:1 with Cates, Edstrom and Foley voting for and Williams against.
The main motion approving the Ordinance passed unanimously.
D.2 Discuss and take appropriate action regarding the adoption of an ordinance regulating outside storage and
display.
Mayor Pro Tem Cates made a motion to approve the Ordinance. Council member Edstrom seconded the motion;
motion passed unanimously.
Council member Williams made a motion to strike Section 3, A, 3, ‘Play equipment, toys, bicycles, and other
similar items.’ Council member Foley seconded. This amendment passed unanimously.
Council member Edstrom asked how the thirty (30) day permit for a POD was determined. Kerin Fleck answered
that most rental agreement for POD’s are in 30-day increments
Mayor Sanders questioned if Council was ok with wood or masonry construction under Section 4, 2 b.
Council member Williams moved to amend Section 4, 2, b, to conform to our current fencing regulations. Mayor
Pro Tem Cates seconded. This amendment passed unanimously.
The motion to approve the Ordinance as modified passed unanimously.
Council member Foley requested that information regarding this Ordinance be placed on the website.
34
D.3 Discuss and take appropriate action regarding an interlocal agreement between the Town and the Master
District for payment of the costs of construction of the maintenance building shared by the Water
Department and the Parks and Recreation Department.
Council member Foley made a motion to approve. Council member Williams seconded the motion; motion passed
unanimously.
Council member Williams asked if the MUDS approved.
Interim Town Manager, Roger Unger advised that the MUDs anticipate making the final payment to the contractor
in the next few weeks, at which time, they expect payment from the Town to begin the reimbursement per
this agreement. Roger Unger continued that he wanted Council’s approval prior to making the payments.
Unanimous.
D.4 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Discuss and take appropriate action regarding joint participation with area cities in an engineering study to
evaluate the feasibility of contracting with an additional wholesale water supplier. (May 22, 2006)
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding revisions to the Purchasing Polices. (May 22, 2006)
Amendment to the Traffic Ordinance to include a new U-turn. (May 22, 2006)
Codification of ordinances. (May 22, 2006)
Canvass of May 13, 2006 Elections and Oaths of Office. (May 22, 2006)
Mayor Sanders pointed out the amendments to the Traffic Ordinance to include a new U-turn, as discussed in D.1
has already been added. Mayor Sanders confirmed the status of Codification of Ordinances for May 22, 2006 and
mentioned the Canvass of the May 13, 2006 Election and Oaths of Office for the May 22, 2006 meeting as well.
Mayor Sanders requested that the Council members provide dates of availability in order to schedule budget
meetings.
Council member Edstrom requested the following items be added; the creation Building Standards Commission,
recognition of the NISD, girls golf and hockey teams and Vials of Life Program. Edstrom explained the Vials of
Life Program’s purpose is to provide Emergency Medical Personnel with readily available medical information.
Such things as allergies or past medical conditions will be known immediately instead of upon arrival at the hospital.
Acting Fire Chief, Danny Thomas updated that the Fire Department has already began the implementation of this
program and will provide information to the residents at the Pancake Breakfast on May 13, 2006 and at the 4th of
July festivities.
Mayor Pro Tem Cates requested that we include an item to discuss a Property Tax or abatement for disabled
veterans. Patricia Adams indicated that this may have already been established, but will verify.
F.1 Adjourn.
Council member Williams made a motion to adjourn. Council member Foley seconded the motion; meeting
adjourned at 7:50 P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
_______________________________ _______________________________
35
Town Secretary, Lisa Ramsey Mayor Nick Sanders
Town of Trophy Club Town of Trophy Club
36
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.B.4
Discuss and take appropriate action regarding an ordinance canvassing the returns
and declaring the results of the General and Special Elections held on May 13, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. Ordinance
37
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
CANVASSING THE RETURNS, INCLUDING THE RETURNS OF
EARLY VOTING BALLOTS CAST IN CONNECTION THEREWITH,
AND DECLARING THE RESULTS OF THE GENERAL AND SPECIAL
ELECTION HELD ON MAY 13, 2006 AS SUCH RETURNS RELATE TO
THE ELECTION OF THREE (3) COUNCIL MEMBERS FOR TWO (2)
YEAR TERMS EACH TO THE TOWN COUNCIL, ELECTING ONE (1)
COUNCIL MEMBER TO SERVE A ONE (1) YEAR TERM IN ORDER TO
COMPLETE THE TERM OF OFFICE CREATED BY A VACANCY ON THE
COUNCIL, AND DECLARING THE RESULTS OF THE SPECIAL
ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE
TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE
ADOPTION TO REDUCE THE AMOUNT OF SALES TAX REVENUE
ALLOCATED TO THE TROPHY CLUB ECONOMIC DEVELOPMENT
CORPORATION 4B (“EDC4B”), AND LEVY A SALES AND USE TAX TO
PROVIDE REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL
STREETS; THE ADOPTION OF A MEASURE TO HOLD A BINDING
REFERENDUM AS AUTHORIZED BY THE CHARTER OF THE TOWN OF
TROPHY CLUB TO DETERMINE WHETHER THE CITIZENS DESIRE TO
CONTINUE THE EXISTING TRAFFIC-CALMING PROGRAM ON TROPHY
CLUB DRIVE; THE ADOPTION OF A MEASURE TO HOLD A BINDING
REFERENDUM AS AUTHORIZED BY THE CHARTER OF THE TOWN OF
TROPHY CLUB TO DETERMINE WHETHER THE CITIZENS DESIRE TO
IMPLEMENT A TRAFFIC CALMING PROGRAM ON INDIAN CREEK
DRIVE; AS SUCH RETURNS RELATE TO THE ADOPTION OF THE
PROPOSED PROPOSITIONS; PROVIDING FOR THE INCORPORATION
OF PREMISES; PROVIDING FOR THE CONFIRMATION OF VOTE
TABULATIONS; IDENTIFYING THE OFFICIALS ELECTED AND
TERMS OF OFFICE; AUTHORIZING THE ISSUANCE OF
CERTIFICATES OF ELECTION; AUTHORIZING THE ISSUANCE OF
THE CANVASS OF THE GENERAL ELECTION; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 6, 2006, the Town Council of the Town of Trophy Club, Texas (the
“Town”) passed and approved Ordinance Nos. 2006-04 and 2006-05, which Ordinances ordered
a General/Special Election of the Town of Trophy Club, Texas, for the purpose of electing a
three (3) Council Members for two (2) year terms each to the Town Council, and electing one (1)
Council Member for a one (1) unexpired term, The reduction of the current one half of one
percent (0.5%) sales and use tax allocated to the Trophy Club Economic Development
Corporation 4B by one-fourth of one percent (0.25%) to one-fourth one percent (0.25%), and the
adoption of a local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one
38
percent (0.25%) to provide revenue for maintenance and repair of municipal streets, The
continuation of the traffic-calming program on Trophy Club Drive from the area of Oak Hill to
Meadow Creek through 2008, designating one wide lane of traffic with a shoulder adjacent to the
curb at a cost not to exceed $2,500.00 to change the current lane markings and The
implementation of a traffic-calming program on Indian Creek Drive from Trophy Club Drive to
the entrance of Harmony Park through2008, designating one wide lane of traffic with a shoulder
adjacent to the curb at a cost not to exceed $7,500.00 for implementation; and,
WHEREAS, Ordinance Nos. Ordinance Nos. 2006-04 and 2006-05 also ordered the
appointment of a Presiding Election Judge and an Alternate Presiding Election Judge for the
purpose of conducting such election; and,
WHEREAS, the appropriate authority of the Town heretofore caused to be posted and
published, in accordance with the election laws of the State of Texas, notice of the
General/Special Election; and
WHEREAS, the General/Special Election was duly and legally held on May 13, 2006,
in the Town and in conformity with the election laws of the State of Texas, and the results of the
General/Special Election, including the early voting results, have been certified and returned to
the proper judges and clerks thereof; and
WHEREAS, the official returns of the presiding judges of the General/Special Election,
including the returns of early voting ballots in connection therewith, and as such returns are
related to the election; and
WHEREAS, on March 6, 2006, the Town Council of the Town of Trophy Club, Texas (the
“Town”) passed and approved Ordinance Nos. 2006-04 and 2006-05, which Ordinances ordered
a General/Special Election of the Town of Trophy Club, Texas, for the purpose of electing a
three (3) Council Members for two (2) year terms each to the Town Council, and electing one (1)
Council Member for a one (1) unexpired term, The reduction of the current one half of one
percent (0.5%) sales and use tax allocated to the Trophy Club Economic Development
Corporation 4B by one-fourth of one percent (0.25%) to one-fourth one percent (0.25%), and the
adoption of a local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one
percent (0.25%) to provide revenue for maintenance and repair of municipal streets, The
continuation of the traffic-calming program on Trophy Club Drive from the area of Oak Hill to
Meadow Creek through 2008, designating one wide lane of traffic with a shoulder adjacent to the
curb at a cost not to exceed $2,500.00 to change the current lane markings and The
implementation of a traffic-calming program on Indian Creek Drive from Trophy Club Drive to
the entrance of Harmony Park through2008, designating one wide lane of traffic with a shoulder
adjacent to the curb at a cost not to exceed $7,500.00 for implementation, have been presented to
the Town Council acting in its capacity as the Canvassing Board; and
WHEREAS, the Town Council has considered the returns of the General Election as related to
the election of a
39
WHEREAS, on March 6, 2006, the Town Council of the Town of Trophy Club, Texas
(the “Town”) passed and approved Ordinance Nos. 2006-04 and 2006-05, which Ordinance
ordered a General Election of the Town of Trophy Club, Texas, for the purpose of electing a
three (3) Council Members for two (2) year terms each to the Town Council, and electing one (1)
Council Member for a one (1) unexpired term, The reduction of the current one half of one
percent (0.5%) sales and use tax allocated to the Trophy Club Economic Development
Corporation 4B by one-fourth of one percent (0.25%) to one-fourth one percent (0.25%), and the
adoption of a local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one
percent (0.25%) to provide revenue for maintenance and repair of municipal streets, The
continuation of the traffic-calming program on Trophy Club Drive from the area of Oak Hill to
Meadow Creek through 2008, designating one wide lane of traffic with a shoulder adjacent to the
curb at a cost not to exceed $2,500.00 to change the current lane markings and The
implementation of a traffic-calming program on Indian Creek Drive from Trophy Club Drive to
the entrance of Harmony Park through2008, designating one wide lane of traffic with a shoulder
adjacent to the curb at a cost not to exceed $7,500.00 for implementation, including the returns
of early voting ballots cast in connection therewith; and
WHEREAS, the returns of the General/Special Election, including the returns of early
voting ballots, duly and legally made, showed that there were cast at the Election the following
valid and legal votes: and
ELECTION
TOTAL EARLY
VOTING
VOTES CAST
TOTAL VOTES
CAST AT POLL
ON ELECTION DAY
TOTAL VOTES
CAST
General/Special
Election
708 676 1384
WHEREAS, the returns of the General Election, including the returns of the early voting
ballots, duly and legally made, showed that each candidates for the office of three (3) Town
Council Members for two (2) year terms received the following votes:
TOWN OF TROPHY CLUB THREE COUNCIL MEMBERS FOR TWO (2) YEAR
TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Susan Edstrom 292 375 667
Pam Cates 231 290 521
Bob Radder 185 151 336
Ben Brewster 231 162 393
Philip H. Sterling 409 326 735
40
Kathleen Wilson 303 209 512
WHEREAS, pursuant to State Law, in order to be declared elected, a candidate must
receive the highest number of votes of the entire Town cast for the office for which such
person is a candidate or be unopposed in the election, and
WHEREAS, the returns of the Special Election, including the returns of the early voting
ballots, duly and legally made, showed that each candidate for the office of one (1) Town
Council Members for a one (1) Year unexpired terms received the following votes:
TOWN OF TROPHY CLUB ONE COUNCIL MEMBERS FOR ONE (1) YEAR
UNEXPIRED TERM
NAME OF
CANDIDATE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
Ryan Dill 45 40 85
Greg Lamont 345 292 637
Kerry D. Jones 215 267 482
WHEREAS, pursuant to State Law, in order to be declared elected, a candidate must
receive the highest number of votes of the entire Town cast for the office for which such
person is a candidate or be unopposed in the election, and
WHEREAS, the returns of the Special Election, including the returns of the early voting
ballots, duly and legally made, showed that each proposition received the following votes:
FOR THE ADOPTION OF PROPOSITION ONE
AGAINST THE ADOPTION OF PROPOSITION ONE
The reduction of the current one half of one percent (0.5%) sales and use tax allocated to the
Trophy Club Economic Development Corporation 4B by one-fourth of one percent (0.25%) to
one-fourth one percent (0.25%), and the adoption of a local sales and use tax in the Town of
Trophy Club at the rate of one-fourth of one percent (0.25%) to provide revenue for
maintenance and repair of municipal streets.
41
PROPOSITION ONE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
FOR 571 530 1101
AGAINST 116 110 226
FOR THE ADOPTION OF PROPOSITION TWO
AGAINST THE ADOPTION OF PROPOSITION TWO
The continuation of the traffic-calming program on Trophy Club Drive from
the area of Oak Hill to Meadow Creek through 2008, designating one wide lane
of traffic with a shoulder adjacent to the curb at a cost not to exceed $2,500.00
to change the current lane markings.
PROPOSTION TWO
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
FOR 411 406 817
AGAINST 274 246 520
OR THE ADOPTION OF PROPOSITION THREE
AGAINST THE ADOPTION OF PROPOSITION THREE
The implementation of a traffic-calming program on Indian Creek Drive from
Trophy Club Drive to the entrance of Harmony Park through2008, designating
one wide lane of traffic with a shoulder adjacent to the curb at a cost not to
exceed $7,500.00 for implementation.
PROPOSTION
THREE
TOTAL NUMBER
OF EARLY VOTING
VOTES RECEIVED
TOTAL NUMBER
OF VOTES
RECEIVED AT
POLL ON
ELECTION DAY
TOTAL NUMBER
OF VOTES
RECEIVED
42
FOR 390 391 781
AGAINST 290 258 548
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises are true and
correct and are incorporated into the body of this Ordinance and made a part hereof for all
purposes.
Section 2. Confirmation of Vote Tabulations. The results of the General/Special
Election, as related to the election of three (3) Council Members for two (2) year terms each to
the Town Council, and electing one (1) Council Member for a one (1) unexpired term, The
reduction of the current one half of one percent (0.5%) sales and use tax allocated to the Trophy
Club Economic Development Corporation 4B by one-fourth of one percent (0.25%) to one-
fourth one percent (0.25%), and the adoption of a local sales and use tax in the Town of Trophy
Club at the rate of one-fourth of one percent (0.25%) to provide revenue for maintenance and
repair of municipal streets, The continuation of the traffic-calming program on Trophy Club
Drive from the area of Oak Hill to Meadow Creek through 2008, designating one wide lane of
traffic with a shoulder adjacent to the curb at a cost not to exceed $2,500.00 to change the current
lane markings and The implementation of a traffic-calming program on Indian Creek Drive from
Trophy Club Drive to the entrance of Harmony Park through2008, designating one wide lane of
traffic with a shoulder adjacent to the curb at a cost not to exceed $7,500.00 for implementation,
and as canvassed and tabulated above, reflect the expressed desires of the resident, qualified
voters of the Town.
Section 3. Elected Officials; Terms of Office. In accordance with the canvass and
tabulation of the results of the General Election, the duly elected Council Members elected on
May 13, 2006, and the corresponding terms of office, subject to the taking of the oaths of office
as required by State Law, are as follows:
OFFICE
TERM
NAME
Council Member
Two (2) Years Susan Edstrom
Council Member
Two (2) Years Pam Cates
Council Member Two (2) Years Philip Sterling
Council Member One (1) Year Gregory Lamont
Section 4. Issuance of Certificates of Election. The Mayor is hereby authorized and
directed to execute and deliver Certificates of Election to the successful candidates elected at the
General/Special Election, as specified in Section 3 hereof.
43
Section 5. Issuance of Canvass of General Election. The Mayor is hereby
authorized and directed to execute and deliver the Canvass of the General Election, a copy of
which is attached hereto as Exhibit “A”, in accordance with the election laws of the State of
Texas, and to take all other action necessary in connection therewith.
Section 6. Engrossment and Enrollment. The Town Secretary of the Town of Trophy
Club is hereby directed to engross and enroll this Ordinance by copying the Caption and
Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance
records of the Town.
Section 7. Effective Date. This Ordinance shall take effect from and after its date of
passage in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 22nd day of May, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date: May 27, 2006
[SEAL]
ATTEST:
Town Secretary, Lisa Ramsey
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
44
EXHIBIT “A”
TOWN OF TROPHY CLUB, TEXAS
CANVASS OF GENERAL ELECTION
I, the undersigned Mayor of the Town of Trophy Club, Texas, and Presiding Officer of
the Canvassing Authority of the Town, met on 22nd day of May, 2006 with the Town Council of
the Town, sitting as the Canvassing Board to canvass the returns of the General Election held on
May 22, 2006, at the Trophy Club Town Hall Building, 100 Municipal Drive, Trophy Club,
Texas, as such returns related to the election of three (3) Council Members for two (2) year terms
each to the Town Council, and electing one (1) Council Member for a one (1) unexpired term,
The reduction of the current one half of one percent (0.5%) sales and use tax allocated to the
Trophy Club Economic Development Corporation 4B by one-fourth of one percent (0.25%) to
one-fourth one percent (0.25%), and the adoption of a local sales and use tax in the Town of
Trophy Club at the rate of one-fourth of one percent (0.25%) to provide revenue for maintenance
and repair of municipal streets, The continuation of the traffic-calming program on Trophy Club
Drive from the area of Oak Hill to Meadow Creek through 2008, designating one wide lane of
traffic with a shoulder adjacent to the curb at a cost not to exceed $2,500.00 to change the current
lane markings and The implementation of a traffic-calming program on Indian Creek Drive from
Trophy Club Drive to the entrance of Harmony Park through2008, designating one wide lane of
traffic with a shoulder adjacent to the curb at a cost not to exceed $7,500.00 for implementation.
I DO HEREBY CERTIFY that the figures on the tally sheets correspond with the figures
on the returns.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town
of Trophy Club, Texas to be affixed hereto, this 22nd day of May, 2006.
(Seal)
______________________________
Mayor and Presiding Officer of
the Canvassing Authority
Trophy Club, Texas
45
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.1
Council to tour Department of Public Safety Building, return to Council Chambers,
and discuss and take appropriate action with respect to the condition of the DPS
building and possible repair and/or replacement of the building.
EXPLANATION:
The public safety building has experienced severe water damage from the recent rains. This has
been an ongoing problem for the past year. We have made several attempts to repair the roof
with little or no improvement. The conditions within the building are continuing to deteriorate
and we will need to replace this building with in the next few years if not sooner. We will
discuss options with the Council at this meeting.
RECOMMENDATION:
To be discussed at the Council meeting.
ACTION BY COUNCIL:
Attachments:
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.2
Council to receive and discuss an update regarding the 4th of July celebration and
to provide direction regarding same
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1. Information Memorandum
47
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.3
Discuss and provide direction to the Town Manager to pursue a cooperative
agreement with the Towns of Westlake and Roanoke to jointly participate in an
engineering study to evaluate the feasibility of contracting with an additional
wholesale water supplier.
EXPLANATION: See attached Memo
RECOMMENDATION:
Direct Town Manager to take the necessary action to enable the Town to participate in this
regional water study.
ACTION BY COUNCIL:
(rau)
Attachments: 1. Information Memorandum
48
Information Memorandum:
As you saw from the information I forwarded to you earlier this week, Westlake has already
taken action to initiate the study on the viability of contracting with the Upper Trinity Regional
Water District (UTRWD) for the supply of wholesale water. Westlake has offered to partner
with the Towns of Trophy Club and Roanoke in this study. The ability to purchase large
amounts of water for resale within the Town boundaries from a competing supplier to the City of
Fort Worth has several potential benefits to our current and future residents.
Based on my history with the Utility Districts in Trophy Club and the City of Fort Worth, I am
concerned about the ability of Fort Worth to supply all of the fresh water potentially needed by
Trophy Club at build out. There is no question that Fort Worth will need to make modifications
to their storage capability and transmission facilities to adequately serve Trophy Club and this
region at build out. I anticipate that Fort Worth will continue to substantially increase their base
water rates as well as their peaking charges into the next decade. We were hit with a 10%
increase in the current year and anticipate another increase for next year.
Under their current configuration, UTRWD does not employ peaking charges, as does Fort
Worth. Instead, we would actually contract with UTRWD for a specific minimum amount of
water annually and guarantee purchase of that amount to UTRWD. UTRWD is currently in the
process of constructing an additional reservoir and appears to have an excess of water to sell to
their customers thus reducing the potential for water rationing which is rapidly becoming the
annual norm for Fort Worth. It is also just good planning to have an alternative wholesale
supplier in place as we expand into the future so that we are not held hostage to potential issues
of an older water system being taxed to its limits. At this point, it appears that it would be most
beneficial to Trophy Club to continue to receive water from Fort Worth as well as from
UTRWD.
Since this opportunity has arisen mid year, there are no funds budgeted specifically to pay for
this study. I recommend that we pay for our share out of contingency funds. If all three Towns
participate, our share will be $13,166. If only Westlake and Trophy Club participate, the cost
will be $15,712.
Prior to any decision being made with respect to actually contracting with UTRWD, the MUDs
will need to be given an opportunity to review and approve the addition of UTRWD to the
existing system. I believe we will receive, as part of the study, an analysis of how the addition of
UTRWD to our system impacts the current facilities. At that point, the MUDs will need to have
a voice in whether or not utilization of UTRWD water is beneficial to our residents.
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.4
Discuss and take appropriate action regarding an Ordinance adopting a Water
Conservation Plan promulgated by the City of Fort Worth as the water supplier for
the Town.
EXPLANATION:
This ordinance is required for the Town to be in compliance with regulations set forth by the
City of Fort Worth, which supplies water to the residents of Trophy Club, and is necessary to
allow the Town to enforce water restrictions.
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Ordinance
50
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-__
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ADOPTING
A WATER CONSERVATION PLAN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING LAWN AND LANDSCAPE
IRRIGATION CONSERVATION REGULATIONS; REQUIRING RAIN
SENSING DEVICES AND FREEZE GAUGES; PROVIDING FOR
VARIANCES; PROVIDING FOR APPEALS; PROVIDING A CUMULATIVE
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PUBLICATION CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Trophy Club Master District contracts with the City of Fort Worth to
provide water to the residents of Trophy Club Municipal Utility District No. 1 and Trophy Club
Municipal Utility District No. 2; and
WHEREAS, the Town of Trophy Club provides enforcement of regulations relative to
water use and conservation; and
WHEREAS, on April 19, 2005, the Fort Worth City Council adopted a water
conservation plan through the enactment of Resolution No. 3190-04-2005 (“Water Conservation
Plan”); and
WHEREAS, the Water Conservation Plan proposes a goal of reducing water
consumption to a level of 190 gallons per capita per day by 2010 and 180 gallons per capita per
day by 2015; and
WHEREAS, the City of Fort Worth as a contracting party with the Trophy Club Master
District has requested that the Master District and the Town adopt and enforce the Water
Conservation Plan; and
WHEREAS, the Town Council recognize the crucial public health and safety issues that
will arise if there is a shortage of water, including but not limited to the inability to effectively
fight fires, and further recognize the need to be proactive to conserve water resources; and
WHEREAS, the Town Council finds that conservation of future water supplies requires
efficient use of existing water supplies; and
51
WHEREAS, in order to protect public health, safety and welfare, the Town Council has
determined it necessary and appropriate to adopt the Water Conservation Plan outlined in this
Ordinance in order to allow enforcement of the Water Conservation Plan.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
LAWN AND LANDSCAPE IRRIGATION CONSERVATION
2.01 Restrictions. Except for hand watering and the use of soaker hoses, a person shall not
irrigate, water, or cause or permit the irrigation or watering of any lawn or landscape located
on premises owned, leased, controlled, or managed by that person between the hours of
10:00 a.m. and 6:00 p.m. daily during the period from June 1 through September 30 of any
year.
2.02 A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or
permits the irrigation or watering of a lawn or landscape located on premises owned, leased,
controlled, or managed by the person in a manner that causes:
a. A substantial amount of water to fall upon impervious areas instead of a lawn
or landscape, such that a constant stream of water overflows from the lawn or
landscape onto a street or other drainage area; or
b. An irrigation system or other lawn or landscape watering device to operate
during any form of precipitation.
2.03 A person commits an offense if, on premises owned, leased, controlled, or managed by that
person, he operates a lawn or landscape irrigation system or device that:
a. Has any broken or missing sprinkler head; or
b. Has not been properly maintained in a manner that prevents the waste of water.
52
SECTION 3.
RAIN-SENSING DEVICES AND FREEZE GAUGES
3.01 Any commercial or industrial customer class irrigation system installed within the Town
on or after June 1, 2006 must be equipped with rain and freeze sensors.
3.02 Any commercial or industrial customer class irrigation system installed within the Town
before June 1, 2006 may not be operated after June 1, 2007 without being equipped with
rain and freeze sensors.
3.03 The potable water supply to lawn irrigation system shall be protected against backflow in
accordance with the Town’s ordinances. All rain and freeze sensors for commercial
customer class lawn irrigation systems shall undergo annual inspection and testing as
required by the Town’s ordinances.
3.04Any residential customer class irrigation system installed within the Town on or after
June 1, 2007 must be equipped with rain and freeze sensors.
3.05It shall be unlawful for any person to knowingly or recklessly install, operate, or cause or
permit the installation of or the operation of, an irrigation system in violation of this
ordinance or any other ordinance of the Town on premises owned, leased, controlled, or
managed by that person.
SECTION 4.
VARIANCE
4.01 Extreme Hardship. The Director of Community Development may grant variances from
the provisions of this Ordinance to persons demonstrating extreme hardship and need as
determined by the Director and only under the following conditions:
a. The applicant must sign a compliance agreement on forms provided by the
Director, agreeing to irrigate or water a lawn or landscape only in the amount and
manner permitted by the variance.
b. Granting of a variance must not cause an immediate significant reduction in the
Town’s water supply.
c. The extreme hardship or need requiring the variance must relate to the health,
safety, or welfare of the person requesting it.
d. The health, safety or welfare of other persons must not be adversely affected by
granting the variance.
4.02 Revocation of Variance. The Director may revoke a variance granted when the
53
Director determines that:
a. The conditions of subsection 4.01(a) are not being met or are no longer applicable; or
b. The terms of the compliance agreement are being violated; or
c. The health, safety or welfare of other persons requires revocation.
SECTION 5.
APPEALS
An appeal of a decision of the Director of Community Development denying a
variance request or placing conditions on a variance under this Ordinance may be made by
a person aggrieved by such determination by such person filing a written notice with the
Town within five (5) business days of the issuance of the written decision of the Director.
Such notice shall specifically identify the basis for the appeal from the denial of a variance
or from the conditions placed upon a variance and the reasons that the appellant believes
relief is necessary, including but not limited to providing the specific extreme hardship that
the appellant claims. Upon timely filing of such written appeal, the Zoning Board of
Adjustment, acting in its capacity as Building Board of Appeals shall hear such appeal
within fifteen (15) business days and shall make a determination regarding the denial of
such variance request or the conditions placed upon a variance. Failure to timely appeal
shall mean that the decision of the Director is final. The decision of the Zoning Board of
Adjustment shall be final.
SECTION 6.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct
conflicts with the provisions of this Ordinance. Ordinances or parts thereof in force at the
time this Ordinance shall take effect and that are inconsistent with this Ordinance are
hereby repealed to the extent that they are inconsistent with this Ordinance. Provided
however, that any complaint, action, claim or lawsuit which has been initiated or has arisen
under or pursuant to any such ordinance on the date of adoption of this Ordinance or
under such portion of any other Ordinance incorporating water conservation regulations
shall continue to be governed by the provisions of such Ordinances and for that purpose
the Ordinances shall remain in full force and effect.
54
SECTION 7.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as
to any and all violations of the provisions of any other Ordinance affecting water
conservation which have secured at the time of the effective date of this Ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such Ordinances same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 9.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction,
in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 10.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 11.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish, the
Caption, Penalty and Effective Date of this Ordinance as required by State law and Town
Charter.
55
SECTION 12.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 22nd day of May, 2006.
Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
56
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.5
Discuss and take action regarding a resolution to suspend the May 30, 2006,
effective date of the proposal by Atmos Energy Corp. to implement Interim Grip
Rate Adjustments for Gas Utility Investment in 2005 and authorizing participation
with the Gas Standing Steering Committee.
EXPLANATION:
Refer to Model Staff Report, Attachment 1.
RECOMMENDATION:
Staff recommends approval.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Staff Report
2. Resolution
57
STAFF REPORT
ON ATMOS MID-TEX GRIP SUSPENSION RESOLUTION
Purpose of the Resolution:
The law mandates that a Gas Reliability Infrastructure Program (GRIP) surcharge request
cannot become effective until sixty (60) days following the filing. The effective date may be
suspended by a city for 45 days. If the City does not take action to suspend the filing, the
Company may begin implementing a monthly surcharge ($0.51 on all residential customers,
$1.75 for commercial customers, and $$78.47 for industrial customers) on or after May 30, 2006.
The resolution suspends the effective date to the maximum extent permitted by law to allow the
cities time to evaluate the filing, determine whether the filing complies with law, and if lawful, to
determine whether the surcharge is reasonable. This is particularly important given that the Gas
Standing Steering Committee initiated an investigation of the current rates charged by Atmos
Mid-Tex and concluded that Atmos already collects sufficient revenues to earn its allowed return
without the necessity for a surcharge to recover incremental investment.
What is GRIP:
GRIP is piecemeal ratemaking and would be illegal under traditional ratemaking that is in
the public interest. Atmos persuaded the legislature in 2003 to make an exception to the
prohibition against piecemeal ratemaking to encourage increased investment in transmission and
distribution pipe by allowing prompt recovery of investment, despite the possibility that
increased revenues and declining expenses could more than offset increased investment.
Unfortunately, utilities have used the GRIP filings to include other costs unrelated to
infrastructure improvements. GRIP surcharges are only allowed until the next general rate case.
NOTE: IT IS CRITICAL THAT ALL CITIES PASS THE RESOLUTION TO SUSPEND
BEFORE MAY 30, 2006.
Explanation of “Be It Resolved” Paragraphs:
1. A city is authorized to suspend the effective date for 45 days. However, since the
Company controls and can extend its effective date during settlement discussions to increase a
city’s jurisdiction and the period of time necessary to reach settlement, the resolution refers to
suspension “for the maximum period allowed by law” rather than a specific date.
2. This paragraph authorizes participation with the Gas Standing Steering
Committee and coordinated control over legal counsel and consultants. Along with paragraph 3,
this paragraph avoids the necessity of returning to the City Council with another resolution to
authorize efforts related to an appeal of the Council’s ultimate decision on the Atmos
application.
3. This paragraph authorizes the intervention of the city, assuming it is
recommended by the Gas Standing Steering Committee, in an environs case or an appeal
58
pending at the Railroad Commission. It further authorizes the handling of appeals from Railroad
Commission decisions to the courts in Austin, if the Gas Standing Steering Committee believes
that effort is desirable.
4. Texas law requires utility companies to reimburse cities for all costs (legal and
consulting) associated with ratemaking, whether the case is initiated by the utility or a regulatory
authority. Implementation of a tariff that imposes a surcharge is ratemaking, entitling the
participating cities to reimbursement. Legal counsel and consultants approved by the Steering
Committee will submit monthly invoices to the City of Arlington which will then forward the
invoices to Atmos for reimbursement.
5. This paragraph directs that a copy of the signed resolution be sent to a
representative of the Company and legal counsel for the Gas Standing Steering Committee.
59
TOWN OF TROPHY CLUB
RESOLUTION 2006-
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, SUSPENDING THE
MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY
ATMOS ENERGY CORP., MID-TEX DIVISION, TO
IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR
GAS UTILITY INVESTMENT IN 2005; AUTHORIZING
PARTICIPATION WITH THE GAS STANDING STEERING
COMMITTEE IN A REVIEW AND INQUIRY INTO THE
SUFFICIENCY OF THE FILING, AND THE BASIS AND
REASONABLENESS OF THE PROPOSED RATE
ADJUSTMENTS; AUTHORIZING INTERVENTION IN
ADMINISTRATIVE AND COURT PROCEEDINGS
INVOLVING THE PROPOSED GRIP RATE
ADJUSTMENTS; REQUIRING REIMBURSEMENT OF
REASONABLE LEGAL AND CONSULTANT EXPENSES;
AND REQUIRING DELIVERY OF THIS RESOLUTION TO
THE COMPANY AND LEGAL COUNSEL.
WHEREAS, the Town of Trophy Club, Texas (“Town”) is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division, (“Atmos Mid-Tex” or “the Company”) and a regulatory
authority with an interest in the rates and charges of Atmos Mid-Tex; and,
WHEREAS, Atmos Mid-Tex made filings with the Town and the Railroad Commission
of Texas (“Railroad Commission”) on or about March 30, 2006, proposing to implement interim
rate adjustments (“GRIP rate increases”), pursuant to Texas Utilities Code § 104.301, on all
customers served by Atmos Mid-Tex, effective May 30, 2006; and,
WHEREAS, a recent rate investigation conducted by consultants for the Gas Standing
Steering Committee has indicated that Atmos Mid-Tex is already collecting sufficient revenues
to earn its allowed return and does not require a GRIP surcharge; and,
WHEREAS, the sufficiency of the filing by Atmos Mid-Tex and its compliance with
statutory mandates is in question and needs to be determined; and,
WHEREAS, ratepayers of Atmos Mid-Tex, including the Town and its residents, will be
adversely impacted by the proposed GRIP rate increases; and,
WHEREAS, the Town and its residents could benefit from coordination with the Gas
Standing Steering Committee in a review of the reasonableness of the proposed GRIP rate
increases and joint participation in any proceedings at the Railroad Commission related to the
proposed GRIP rate increases; and,
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WHEREAS, the reasonable costs associated with the participation of Towns in this rate
proceeding are reimbursable from Atmos Mid-Tex;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
Section. 1 The May 30, 2006, effective date of the GRIP rate increases proposed by
Atmos Mid-Tex is hereby suspended for the maximum period allowed by law to permit adequate
time to investigate the sufficiency of the GRIP Rate Increase filing, review the proposed
increases, analyze all necessary information, and take appropriate action related to the proposed
increases.
Section 2. The Town is authorized to cooperate with the Gas Standing Steering
Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to
make recommendations to the Town regarding the proposed GRIP rate increases, and to direct
any administrative proceedings or litigation associated with the proposed GRIP rate increases.
Section 3. The Town is authorized to intervene in any administrative proceedings or
litigation associated with the proposed GRIP rate increases.
Section 4. Atmos Mid-Tex shall promptly reimburse the Town’s reasonable costs
associated with the Town’s activities related to the proposed GRIP rate increases.
Section 5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of Richard
T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240,
and to Geoffrey Gay, legal counsel to the Gas Standing Steering Committee, at Lloyd Gosselink,
816 Congress Avenue, Suite 1900, Austin, Texas 78701.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
on this the 22nd day of May 2006.
_____________________________________
Nick Sanders
Mayor, Town of Trophy Club, Texas
ATTEST:
_______________________________________
Town Secretary,
Town of Trophy Club, Texas
[Seal]
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APPROVED AS TO FORM:
_________________________________________
Town Attorney,
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action to authorize the purchase of a new Quint Fire
Truck.
EXPLANATION:
The Town Council will receive a presentation from Acting Chief Thomas on the necessity of
purchasing a new truck. The MUDs will be asked at their may 18th meeting, to authorize the
staff to move forward on this purchase including arranging for financing with the first payment
(interest only) due next year.
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments:
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action to approve financials dated April 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.8
Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for
Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development
Agreement for Eagles Ridge Phase II.
Payment Agreements with Master District for municipal annex.
Discuss and take appropriate action regarding the creation of a Building
Standards Commission.
Recognition of the NISD, girl's golf and hockey teams.
Codification of Ordinance. (June 5, 2006)
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Information Memorandum
2. Resolution
2. Ordinance
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.9
Informational Only - Additional Information for Council as provided by the
Department of Police and Fire Services.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. Stats
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Monthly Crime/Patrol Stats
April – 2006
Monthly Crime/Patrol Stats
Jan - April – 2006
TOTAL
TOTAL
210 Traffic Stops 847 Traffic Stops
62 Traffic Citations (Moving) 233 Traffic Citations (Moving)
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Traffic Citations (Non -
Moving) 243 Traffic Citations (Non - Moving)
102 Warning Citations 397 Warning Citations
3 Parking Citations 19 Parking Citations
23 Parking Warnings 469 Parking Warnings
11 Vehicle Searches 39 Vehicle Searches
4 DWI Investigations 14 DWI Investigations
3 Accidents 12 Accidents
0 Felony Arrests 2 Felony Arrests
6 Misdemeanor Arrests 29 Misdemeanor Arrests
277 Dispatched Calls 1028 Dispatched Calls
50 Number of Written Reports 177 Number of Written Reports
3 Out of City Assistance Calls 36 Out of City Assistance Calls
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.10
Consent Agenda - Discussion and appropriate action to approve Interlocal
Cooperation Agreement-Tax Collection between Denton County and the Town of
Trophy Club.
EXPLANATION: This is the biannual agreement under which Denton County serves as the
Town’s tax assessor and collector. There have been fee increases as follows:
2004 2006
Fee to mail tax statements $.55 $.67
Fee for second notice $.42 $.44
Statement to meet Sect. 33.07 of tax code $.55 $.67
All other fees remained unchanged
RECOMMENDATION:
Staff recommends passage of this agreement.
ACTION BY COUNCIL:
(rau)
Attachments: 1. Letter from Steve Mossman
2. Interlocal Agreement
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.11
Consent Agenda - Discuss and take appropriate action regarding a Resolution
supporting the NISD School Finance Task Force's Core Beliefs.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(ns)
Attachments: 1. Letter from Karen G. Rue, Ed.D. Superintendent of School
2. Position Statement
3. List of Texas Representatives
4. List of Texas Senators
5. Resolutions
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TOWN OF TROPHY CLUB TEXAS
RESOLUTION NO. 2006 - ___
A RESOLUTION OF THE TOWN OF TROPHY CLUB, SUPPORTING CORE BELIEFS
THAT MUST BE INCLUDED TO RESTORE MEANINGFUL DISCRETION OVER
TAX RATES TO SCHOOL DISTRICTS THAT IS IN THE BEST INTEREST OF
EVERY CHILD, TAXPAYER AND CITIZEN.
WHEREAS, the 79th 3rd Called Session of the Legislature is to restore meaningful
discretion over tax rates to school districts; and
WHEREAS, the number one goal of school finance reform is the adequate funding of
our public schools; and
WHEREAS, a viable long-term solution is necessary to provide an additional state
source of revenue to fund a General Diffusion of Knowledge, and recapture should not be levied
on local enrichment and Interest and Sinking funds; and
WHEREAS, a definition of adequate education and funding equity must be developed to
support citizen expectations and revising the Cost of Education Index to include an annual
inflation factor; and
WHEREAS, local control is vital, giving local school districts meaningful discretion to
finance education; and
WHEREAS, state mandates to public schools must be adequately funded, and
WHEREAS, school vouchers should not be considered as part of the school finance
reform; and
WHEREAS, an adequately funded public school system through new state revenue is
necessary to protect our democratic society, and the welfare of the state and its citizens depends
on a healthy educated workforce that can compete globally; and that Texas Public Schools are
part of the driving force in economic development in the State of Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF TROPHY CLUB,
Section 1. That the governing body of the Town of Trophy Club will support all school
finance and tax reform efforts by the 79th Texas Legislature that positively impacts adequate
funding and gives local school districts meaningful discretion to finance education to ensure a
strong public school system by protecting the interest of every child, taxpayer, and citizen in the
State of Texas.
Section 2. That the governing body of the Town of Trophy Club will give special
consideration to provide adequate funding for districts in rapidly growing areas of the state.
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Passed and adopted by the Town Council of the Town of Trophy Club, Texas, this the 22nd day of May,
2006.
Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.D.12
Consent Agenda - Discussion and appropriate action to approve the newly revised
Denton County Mutual Aid agreement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(dt)
Attachments: 1.Agreement
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INTERJURISDICTIONAL
MUTUAL AID AGREEMENT
STATE OF TEXAS §
§
COUNTY OF DENTON §
This Mutual Aid Agreement (“Agreement”) is entered into by, between, and among the
political subdivisions located wholly or partially within the State of Texas that by their
signatures on duplicate original copies of this Agreement have consented to the terms of this
Agreement (collectively, “the Parties”).
RECITALS
The Parties recognize the vulnerability of the people and communities located within the State
to damage, injury, and loss of life and property resulting from Disasters and/or civil
emergencies and recognize that Disasters and/or civil emergencies may present equipment and
manpower requirements beyond the capacity of each individual Party; and
The Parties must confront the threats to public health and safety posed by possible terrorist
actions and weapons of mass destruction and other incidents of man-made origin, and the
threats to public health and safety from natural Disasters, all capable of causing severe damage
to property and danger to life; and
The Parties to this Agreement recognize that Mutual Aid has been provided in the past and
have determined that it is in the best interests of themselves and their citizens to create a plan
to foster communications and the sharing of resources, personnel and equipment in the event of
such calamities; and
The governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid
for the protection of life and property in the event of a Disaster and/or Civil Emergency; and
The Parties wish to make suitable arrangements for furnishing Mutual Aid in coping with
Disasters and/or civil emergencies and are so authorized and make this Agreement pursuant to
Chapter 791, Texas Government Code (Interlocal Cooperation Act); Chapter 418, Texas
Government Code (Texas Disaster Act of 1975); Chapter 421, Texas Government Code (Home
Land Security); and Chapter 362, Local Government Code; and
The Parties recognize that a formal agreement for Mutual Aid would allow for better
coordination of effort, would provide that adequate equipment and manpower is available, and
would help ensure that Mutual Aid is accomplished in the minimum time possible in the event
of a Disaster or Civil Emergency and thus desire to enter into an agreement to provide Mutual
Aid.
It is expressly understood that any Mutual Aid extended under this Agreement and the
operational plans adopted pursuant thereto, is furnished in accordance with the “Texas Disaster
Act” and other applicable provisions of law.
NOW, THEREFORE, the Parties agree as follows:
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1. RECITALS. The recitals set forth above are true and correct.
2. DEFINITIONS. For purposes of this Agreement, the terms listed below will have the
following meanings:
A. AGREEMENT - this Interjurisdictional Mutual Aid Agreement, duly executed.
B. ADMINISTRATIVE AGENCY – the entity designated by the Parties to be responsible for
maintaining and distributing Point of Contact information and for maintaining the original
signature pages of the Parties to this Agreement.
C. ASSISTING PARTY - the Party furnishing equipment, supplies, facilities, services and/or
manpower to the Requesting Party.
D. CIVIL EMERGENCY - an unforeseen combination of circumstances or the resulting
consequences thereof within the geographic limits of a given jurisdiction that calls for
immediate action or for which there is an urgent need for assistance or relief to protect the
general citizenry.
E. DISASTER - the occurrence or imminent threat of widespread or severe damage, injury, or
loss of life or property resulting from any natural or man-made cause, including fire, flood,
earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity,
epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or
paramilitary action, energy emergency (as that term is defined in Chapter 418 of the Texas
Government Code), acts of terrorism, and other public calamity requiring Emergency action.
F. EMERGENCY - any occurrence, or threat thereof, whether natural or caused by man, in
war or in peace, which results in substantial injury or harm to the population, or substantial
damage to or loss of property.
G. MUTUAL AID - includes, but is not limited to, such resources as facilities, equipment,
services, supplies, and personnel.
H. THE PLAN –Emergency Operations Plan.
I. POINT OF CONTACT – the individual or office authorized by the governing body of each
Party to request or respond to a request for Mutual Aid on behalf of the Party. A Party’s
Emergency Management Director or Chief Executive Officer is always a Point of Contact.
J. REQUESTING PARTY - the Party requesting aid in the event of a Disaster or a Civil
Emergency.
3. ADMINISTRATIVE AGENCY. The Parties hereby designate the North Central Texas
Council of Governments (“NCTCOG”) to be the Administrative Agency under this
Agreement. NCTCOG is responsible for maintaining and distributing current Point of Contact
information to all Parties as changes occur but at least annually. NCTCOG is also responsible
for maintaining the original signature pages of the Parties to this Agreement.
4. POINT OF CONTACT DESIGNATION. Each party shall provide the Administrative
Agency with a written protocol by which its designated Points of Contact may be contacted
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twenty-four hours a day, seven days a week. This protocol will designate, by name or position,
the person or persons authorized to request or respond to a request for Mutual Aid on behalf of
a Party under terms of this Agreement and will include at least two alternate means of
contacting the Party’s Point(s) of Contact. Each Party must notify the Administrative Agency
of any change in its Point of Contact protocol as soon as practicable by submitting it in writing
to Denton County Department of Emergency Services and the North Central Texas Council of
Governments,
5. PARTY’S EMERGENCY MANAGEMENT PLAN. Each Party shall prepare and keep
current an emergency management plan for its jurisdiction to provide for emergency and/or
disaster mitigation, preparedness, response and recovery, in accordance with Chapter 418 of
the Texas Government Code. The emergency management plan shall incorporate the use of
available resources, including personnel, equipment and supplies, necessary to provide and/or
receive Mutual Aid. The emergency management plan shall be submitted to the Governor’s
Division of Emergency Management.
6. IMPLEMENTATION OF AGREEMENT. A Point of Contact for his/her respective
jurisdiction shall take all steps necessary for the implementation of this Agreement.
7. INITIATION OF REQUEST. A request under this Agreement may be made by a Point
of Contact after one of the following occurs:
(a) A declaration of a local state of Disaster pursuant to Chapter 418 of the Texas
Government Code;
(b) A finding of a state of Civil Emergency; or
(c) The occurrence or imminent threat of an emergency such that local capabilities are or
are predicted to be exceeded.
The provision of Mutual Aid under this Agreement shall continue, whether or not the local
Disaster declaration or state of Civil Emergency is still active, until the services of the
Assisting Party are no longer required.
8. PROCEDURES FOR REQUESTS AND PROVISION OF MUTUAL AID. A Point of
Contact may request Mutual Aid assistance by: (1) submitting a written Request for Assistance
to a Point of Contact of an Assisting Party, (2) orally communicating a request for Mutual Aid
assistance to a Point of Contact of an Assisting Party, which shall be followed by a written
request, or (3) by submitting a request in accordance with a Mutual Aid Plan developed under
the auspices of this Agreement. The written request shall reference that the request is made
pursuant to this Agreement. Mutual Aid shall not be requested by a Party unless it is directly
related to the Disaster or Emergency and resources available from the normal responding
agencies to the stricken area are deemed to be inadequate, or are predicted to be expended prior
to resolution of the situation. All requests for Mutual Aid must be transmitted by a Point of
Contact of the Requesting Party to a Point of Contact of the Assisting Party or in accordance
with the terms of the Plan.
A. REQUESTS DIRECTLY TO ASSISTING PARTY: The Requesting Party’s Point of
Contact may directly contact a Point of Contact of the Assisting Party and provide the
necessary information as prescribed in Section 8.B. hereto.
B. REQUIRED INFORMATION BY REQUESTING PARTY. Each request for assistance
shall be accompanied by the following information, to the extent known:
1) A general description of the damage or injury sustained or threatened;
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2) Identification of the emergency service function or functions for which assistance is
needed (e.g. fire, law enforcement, emergency medical, search and rescue, transportation,
communications, public works and engineering, building, inspection, planning and
information assistance, mass care, resource support, health and other medical services, etc.),
and the particular type of assistance needed;
3) The amount and type of personnel, equipment, materials, supplies, and/or facilities
needed and a reasonable estimate of the length of time that each will be needed; and
4) The location or locations to which the resources are to be dispatched and the specific
time by which the resources are needed; and
5) The name and contact information of a representative of the Requesting Party to meet
the personnel and equipment of any Assisting Party at each location to which resources are
dispatched.
This information may be provided on a form designed for this purpose or by any other
available means.
C. ASSESSMENT OF AVAILABILITY OF RESOURCES AND ABILITY TO RENDER
ASSISTANCE. When contacted by a Requesting Party, a Point of Contact of the Party from
which aid is requested agrees to assess local resources to determine availability of personnel,
equipment and other assistance based on current or anticipated needs. All Parties shall render
assistance to the extent personnel, equipment and resources are deemed available. No Party
shall be required to provide Mutual Aid unless it determines in its sole discretion that it has
sufficient resources to do so based on current or anticipated events within its own jurisdiction.
D. INFORMATION REQUIRED OF THE ASSISTING PARTY. A Point of Contact who
determines that the Assisting Party has available personnel, equipment, or other resources,
shall so notify the Requesting Party and provide the following information, to the extent
known:
1) A complete description of the personnel and their expertise and capabilities, equipment, and
other resources to be furnished to the Requesting Party;
2) The estimated length of time that the personnel, equipment, and other resources will be
available;
3) The name of the person or persons to be designated as supervisory personnel; and
4) The estimated time of arrival for the assistance to be provided to arrive at the designated
location.
This information may be provided on a form designed for this purpose or by any other
available means.
E. SUPERVISION AND CONTROL: When providing assistance under the terms of this
Agreement, the personnel, equipment, and resources of any Assisting Party will be under the
operational control of the Requesting Party, the response effort to which SHALL be organized
and functioning in accordance with the guidelines outlined in the National Incident
Management System. Direct supervision and control of personnel, equipment and resources
and personnel accountability shall remain with the designated supervisory personnel of the
Assisting Party. Emergency Medical Services organizations providing assistance under this
agreement will utilize the medical protocols authorized by their medical director. The
designated supervisory personnel of the Assisting Party shall: maintain daily personnel time
records, material records, and a log of equipment hours; be responsible for the operation and
maintenance of the equipment and other resources furnished by the Assisting Party; and shall
report work progress to the Requesting Party. The Assisting Party's personnel and other
resources shall remain subject to recall by the Assisting Party at any time, subject to reasonable
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notice to the Requesting Party.
F. MUTUAL AID PLAN. By their signatures below, each Party hereto certifies that it will
provide Mutual Aid assistance under this Agreement in accordance with the Requesting Party’s
Emergency Management Plan, County Emergency Management Plan, or North Central Texas
Regional Response Plan..
G. FOOD, HOUSING, AND SELF-SUFFICIENCY: Subject to Paragraph 9 of this
Agreement, the Requesting Party shall have the responsibility of providing food and housing
for the personnel of the Assisting Party from the time of their arrival at the designated location
to the time of their departure. However, Assisting Party personnel and equipment should be, to
the greatest extent possible, self-sufficient while working in the Emergency or Disaster area.
The Requesting Party may specify only self-sufficient personnel and resources in its request for
assistance.
H. COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall
have the responsibility for coordinating communications between the personnel of the
Assisting Party and the Requesting Party. Assisting Party personnel should be prepared to
furnish their own communications equipment sufficient only to maintain communications
among their respective operating units, if such is practicable.
I. RIGHTS AND PRIVILEGES: Personnel who are assigned, designated or ordered by their
organization’s governing body to perform duties pursuant to this Agreement shall continue to
receive the same wages, salary, pension, and other compensation and benefits for the
performance of such duties, including injury or death benefits, disability payments, and
workers’ compensation benefits, as though the service had been rendered within the limits of
the jurisdiction where the personnel are regularly employed.
J. TERM OF DEPLOYMENT: The initial duration of a request for assistance will be specified
by the Requesting Party, to the extent possible by the situation.
K. SUMMARY REPORT: Within ten working days of the return of all personnel deployed
under this Agreement, the Requesting Party will prepare a Summary Report of the event, and
provide copies to each Assisting Party. The report shall, at a minimum, include a chronology of
events and description of personnel, equipment and materials provided by one Party to the
other.
9. COSTS. All costs associated with the provision of Mutual Aid, including but not limited
to compensation for personnel; operation and maintenance of equipment; damage to
equipment; medical expenses; and food, lodging and transportation expenses shall be paid for
by the Assisting Party for the first (4) hours that assistance is provided. Thereafter, all costs
associated with the provision of Mutual Aid, including but not limited to compensation for
personnel; operation and maintenance of equipment; damage to equipment; medical expenses;
and food, lodging and transportation expenses shall be paid for by the Assisting Party and
reimbursed by the Requesting Party at actual cost unless it is compensated by the assisting
party insurance. Requests for reimbursement must be submitted as soon as practicable but in
no event later than sixty (60) days after the return of all personnel deployed under this
Agreement. Failure to submit a request for reimbursement within the specified time frame will
result in the Assisting Party not being reimbursed for the Mutual Aid provided unless the
Federal Emergency Management Agency (FEMA) extends the deadline for filing requests for
reimbursement. Such request shall identify with specificity each service, labor, or equipment
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provided and the unit and total costs associated with each. The Assisting Party shall be
responsible for creating and maintaining for a period of three years a record of all costs
incurred, both reimbursed and unreimbursed costs, in providing aid under this Agreement.
Such costs and reimbursements shall be paid from current funds of the respective Party. In the
event federal funds are available for costs associated with the provision of Mutual Aid, the
Parties agree that the Requesting Party must make the claim for the eligible costs of the
Assisting Party on its subgrant application and will disburse the federal share of funds to the
Assisting Party. The Parties hereto recognize that each benefits from the existence of this
Mutual Aid Agreement and expect that each will both provide and receive critical aid over the
life of the Agreement. The Assisting Party may assume in whole or in part any costs
associated with the provision of Mutual Aid or may loan or donate equipment or services to the
Requesting Party without charge or cost.
10. INSURANCE
A. WORKERS’ COMPENSATION COVERAGE: Each Party shall be responsible for its own
actions and those of its employees and is responsible for complying with the Texas Workers’
Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE: Each Party shall be responsible for its own
actions and is responsible for complying with the Texas motor vehicle financial responsibility
laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW
ENFORCEMENT LIABILITY: Each Party agrees to obtain general liability, public official’s
liability and law enforcement liability, if applicable, or maintain a comparable self-insurance
program.
D. OTHER COVERAGE: The Assisting Party shall provide and maintain their standard
packages of medical and death benefit insurance coverage while their personnel are assisting
the Requesting Party.
11. WAIVER OF CLAIMS AGAINST PARTIES; IMMUNITY RETAINED. Pursuant to
§§ 421.062 and 791.006, Texas Government Code, the party furnishing services under this
Agreement is not responsible for any civil liability that arises from the furnishing of those
services. No Party waives or relinquishes any immunity or defense on behalf of itself, its
officers, employees and agents as a result of the foregoing sentence or its execution of this
Agreement and the performance of the covenants contained herein.
12. EXPENDING FUNDS. Each Party that performs services or furnishes aid pursuant to
this Agreement shall do so with funds available from current revenues of the Party. No Party
shall have any liability for the failure to expend funds to provide aid hereunder.
13. TERM. This Agreement shall become effective as to each Party on the date signed and
shall continue in force and remain binding on each and every Party for twelve (12) months
from the effective date. This Agreement shall renew automatically for a period of one year
upon the completion of the initial term and each subsequent term unless and until such time as
the governing body of a Party terminates its participation in this Agreement pursuant to Section
22 of this Agreement. Termination of participation in this Agreement by a Party or Parties
shall not affect the continued operation of this Agreement between and among the remaining
Parties.
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14. ENTIRETY. This Agreement contains all commitments and agreements of the Parties
with respect to the Mutual Aid to be rendered hereunder during or in connection with a
Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with
respect to Mutual Aid under this Agreement shall have any force or effect if not contained
herein, except as provided in Sections 16 and 17 below.
15. RATIFICATION. Each Party hereby ratifies the actions of its personnel and the
rendering and/or receiving of Mutual Aid taken prior to the date of this Agreement.
16. OTHER MUTUAL AID AGREEMENTS. It is understood that certain Parties may have
heretofore contracted or may hereafter contract with each other for Mutual Aid in Civil
Emergency and/or Disaster situations, and it is agreed that, to the extent there is a conflict
between this Agreement and any other such Mutual Aid agreement, the provisions of this
Agreement shall be superior to any such individual contract; provided, however, that the
Assisting and Requesting Parties may agree to use expense reimbursement provisions of
another existing Mutual Aid Agreement between them.
17. INTERLOCAL COOPERATION ACT. The Parties agree that Mutual Aid in the
context contemplated herein is a “governmental function and service” and that the Parties are
“local governments or political subdivision” as that term is defined herein and in the Interlocal
Cooperation Act, Texas Government Code Chapter 791.
18. CONFIDENTIALITY. The Parties recognize that the provision of Mutual Aid under this
Agreement may result in the transfer of confidential medical information between them. The
parties recognize and agree to guard the confidentiality of such information as required by the
federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Texas
Medical Practice Act, and other state privacy laws pertaining to the confidentiality of medical
records.
19. SEVERABILITY. If a provision contained in this Agreement is held invalid for any
reason, the invalidity does not affect other provisions of the Agreement that can be given effect
without the invalid provision, and to this end the provisions of this Agreement are severable.
20. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect
the validity or enforceability of a provision of this Agreement, then the legal limitations are
made a part of this Agreement and shall operate to amend this Agreement to the minimum
extent necessary to bring this Agreement into conformity with the requirements of the
limitations, and so modified, this Agreement shall continue in full force and effect.
21. AMENDMENT. This Agreement may be amended only by the mutual written consent of
the Parties.
22. TERMINATION. Any Party may at any time by resolution or notice given to all the
other Parties decline to participate in the provision of Mutual Aid. The governing body of a
Party which is a signatory hereto shall, by resolution, give notice of termination of
participation in this Agreement and submit a certified copy of such resolution to all other
Parties. Such termination shall become effective not earlier than 30 days after the filing of
such notice. The termination by one or more of the Parties of its participation in this
Agreement shall not affect the operation of this Agreement as between the other Parties hereto.
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23. THIRD PARTIES. This Agreement is intended to inure only to the benefit of the Parties
hereto. This Agreement is not intended to create, nor shall be deemed or construed to create
any rights in third parties.
24. NOTICE. Any notice required or permitted between the Parties must be in writing,
addressed to the attention of the Point of Contact of the necessary party or parties and shall be
delivered in person; by electronic mail; by mailed certified mail, return receipt requested; or
by facsimile transmission. A copy of all such notices shall be provided to the Administrative
Agency.
25. WARRANTY. The Agreement has been officially authorized by the governing or
controlling body or agency of each Party hereto by order, ordinance or resolution and each
signatory to this Agreement guarantees and warrants that the signatory has full authority to
execute this Agreement and to legally bind the respective Party to this Agreement.
26. GOVERNING LAW AND VENUE. The laws of the State of Texas shall govern this
Agreement. In the event of an Emergency or Disaster physically occurring within the
geographical limits of only one county that is a Party hereto, venue shall lie in the county in which
the Emergency or Disaster occurred. In the event of an Emergency or Disaster physically
occurring in more than one county that is a Party hereto, venue shall be determined in accordance
with the Texas Civil Practice and Remedies Code.
27. HEADINGS. The headings at the beginning of the various provisions of this Agreement
have been included only in order to make it easier to locate the subject covered by each
provision and are not to be used in construing this Agreement.
**The Rest of this Page is Intentionally Left Blank**
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EXECUTED by the Parties hereto, each respective entity acting by and through its duly
authorized official as required by law, on multiple counterparts each of which shall be deemed
to be an original, on the date specified on the multiple counterpart executed by such entity.
NAME OF ENTITY: _______________________________________________
I hereby certify that this entity’s participation as a party to this Interjurisdictional Mutual Aid
Agreement was approved pursuant to official action of its governing body taken at a duly
called meeting on ________________, 200__.
Signature: _____________________________ Title: ____________________
Printed Name : ____________________________________________________
Date: ___________________________________________________________
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COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 5-22-2006
Subject: Agenda Item No.F.1
Adjourn.
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