Agenda Packet TC 12/04/2006 1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, December 4, 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."
A.4 Discuss and take appropriate action regarding a Proclamation congratulating
Samuel Beck Elementary School for their 2006 Lighthouse Blue Ribbon
Achievement.
A.5 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.
A.6 Presentation on the Feasibility Study for Treated Water from Upper Trinity by
Kerry Marony, representative of Biggs and Matthews, and discussion of same.
B.1 Consent Agenda: Discuss and take appropriate action regarding a contract with
Bailey Environmental for Consultant Services for Health Inspections; and
authorizing the Mayor or his designee to execute necessary documents.
C.1 Discuss and take appropriate action regarding a resolution to renew membership
in the Texas Building and Procurement Commission Cooperative Purchasing
Program (TBPC Co-Op).
C.2 Discuss and take appropriate action regarding the expenditure of GASB/34 funds
for the financial and utility billing software upgrade.
C.3 Discuss and take appropriate action regarding an Interlocal Agreement with the
City of Southlake for Animal Control Services, and authorizing the Mayor or his
designee to execute necessary documents.
2
C.4 Discuss and provide input regarding the Town of Trophy Club's future annexation
plans and discuss and take appropriate action regarding the approval or denial of
a Resolution directing the Planning and Zoning Department, through the Town
Manager, to prepare a service plan for that certain part of the Town's
extraterritorial jurisdiction described generally as approximately 21.1346 acres in
the M. Medlin Survey, A-832.
C.5 Items for Future Agenda.
C.6 Reports. 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.
(a) Town Council report from EDC 4A Liaison, Council member Edstrom, and
EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
D.1 Pursuant to Texas Government Code §551.073, Deliberation Regarding
Prospective Gift, and § 551.071(a) and (b) Consultation with Attorney, Council
will enter into executive session to deliberate a negotiated contract for a
prospective gift or donation to the governmental body where deliberation in an
open meeting would have a detrimental effect on the position of the
Governmental body in negotiations with a third person and to consult with the
Town Attorney on pending or contemplated litigation or on a matter in which the
duty of the attorney to the governmental body under the Texas disciplinary rules
of professional conduct of the State Bar of Texas clearly conflicts with the open
meetings act:
a. Proposal by Beck Properties to resolve disputed park land dedication matters,
release of claims, and proposed "charitable dedication" by Beck Properties
D.2 Discuss and take appropriate action relative to Executive Session Item Number
D1, proposal by Beck Properties to resolve disputed park land dedication
matters, release of claims, proposed "charitable dedication" by Beck Properties
and matters related to the parkland dedication dispute and its resolution.
E.1 Adjourn.
3
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.A.2
Invocation.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
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."
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.A.4
Discuss and take appropriate action regarding a Proclamation
congratulating Samuel Beck Elementary School for their 2006 Lighthouse
Blue Ribbon Achievement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Mayor Sanders)
Attachments: 1. Proclamation
7
TOWN OF TROPHY CLUB, TEXAS
PROCLAMATION NO. 2006-
2006 Lighthouse Blue Ribbon School
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, CONGRATULATING SAMUEL BECK
ELEMENTARY SCHOOL FOR THEIR 2006 LIGHTHOUSE BLUE
RIBBON DESIGNATION ACHIEVEMENT.
WHEREAS, Lighthouse is an organization infusing education, business, and government with the
objective of shining a positive light on America’s best schools and programs that work. Education,
business and government leaders have the ability by working together to create an infrastructure that will
provide a blueprint for excellence in education for all children, all schools and all states. Lighthouse
Schools will focus on locating successful best practices and programs that work in education to serve as
a marker for schools that desire to be high performing beacons for our educational culture; and
WHEREAS, Blue Ribbon Schools of Excellence, Inc., is a not-for-profit organization established
for the primary purpose of improving academic excellence for all children, which is accomplished through
the identification of successful programs in schools across the nation, the creation of an online Best
Practices Database to share these best practices, and to assist in the implementation of successful
practices in targeted schools; and
WHEREAS, Under the Blueprint for Improvement assessment process, Beck Elementary met or
exceeded the criteria and on October 24th, Bart Teal, President/Founder of Blue Ribbon Schools of
Excellence, Inc., spent a day conducting an on-line survey with several parents, students and staff
including a review of state TAKS (Texas Assessment of Knowledge and Skills) data and visiting
classrooms; and
WHEREAS, Blue Ribbon Lighthouse Schools commit to sharing expertise and exemplary
practices with other schools on a local, regional, and national level; as well as providing mentoring and
networking to schools seeking guidance and assistance in school improvement initiatives.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. That the Town of Trophy Club congratulates Samuel Beck Elementary School for
being recognized at the national level for this award reflecting the commitment of parents, volunteers,
students and staff to providing an exemplary education; and be it further
Section 2. Resolved that this Proclamation shall become effective from and after its date of
passage in accordance with law.
____________________________________
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
____________________________________
Town Secretary
Town of Trophy Club, Texas
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.A.5
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.
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.A.6
Presentation on the Feasibility Study for Treated Water from Upper Trinity
by Kerry Marony, representative of Biggs and Matthews, and discussion of
same.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
10
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.B.1
Consent Agenda: Discuss and take appropriate action regarding a contract
with Bailey Environmental for Consultant Services for Health Inspections;
and authorizing the Mayor or his designee to execute necessary
documents.
EXPLANATION:
Bailey Environmental has been performing health inspections in the Town for over 10
years, but has never been under a formal legal contract. This agreement defines and
formalizes the relationship and provides protection for both parties. Staff has been very
satisfied with the service provided by Bailey Environmental and has found no record of
any complaints.
The changes made to the contract included in this packet reflect the removal of
insurance requirements as directed by Council at the November 20, 2006 meeting. The
amended contract has been presented to Bailey Environmental for approval and
signature.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Contract
11
AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND
BAILEY ENVIRONMENTAL
FOR CONSULTANT SERVICES FOR HEALTH INSPECTOR
THIS CONTRACT is made and entered by and between Bailey Environmental,
whose address is 1333 Salt Branch Road, Little Elm, Texas 75068, hereinafter referred
to as “Consultant”, and the TOWN OF TROPHY CLUB, TEXAS, hereinafter referred to
as “Town”, for consulting services to provide Health Inspection support, to be effective
upon approval of the Trophy Club Town Council and subsequent execution by the
Trophy Club Town Manager or her designee.
W I T N E S S E T H:
WHEREAS, the Town has identified a need to retain Consultant to provide Town
with Health Inspector support services (hereinafter the “Project”); and
WHEREAS, Town desires to engage the services of the Consultant to assist in
such Project and to render its services on the terms and conditions provided in this
Agreement; and
WHEREAS, Consultant agrees to render its services to Town as provided herein;
THEREFORE, Town hereby engages the services of Consultant, and in
consideration of the mutual promises herein contained, the parties agree as follows:
SECTION I.
SCOPE OF WORK
Consultant shall provide all services necessary to provide Health Inspector
support services to Town. Such work shall be performed in accordance with the terms
and conditions outlined in this Agreement and in Consultant’s proposal, a copy of which
is attached hereto and incorporated herein as Exhibit “A”, hereinafter collectively
referred to as “Contract Document”. In the event of any conflict between the terms,
phrases, or conditions of this Agreement and Exhibits hereto, priority of interpretation
shall be in the following order: this Agreement, Exhibit “B”, Exhibit “C”, Exhibit “A:”.
SECTION II.
TERM
The term of this Contract shall be a period of one (1) year commencing upon the
date of approval by the Trophy Club Town Council. This Agreement may be renewed at
the option of the Town for two (2) additional terms of one (1) year each upon thirty (30)
12
days written notice to Consultant. This Agreement may be terminated by Town as
provided herein.
SECTION III.
COMPENSATION / OWNERSHIP OF DOCUMENTS
3.01 Compensation. In consideration for the services to be rendered under this
Agreement, including all expenses, the Consultant shall be paid a fee not to
exceed the amounts itemized in the Fee Schedule for Town, a copy of which is
attached hereto as EXHIBIT “B”. Consultant may invoice Town upon completion
and acceptance of services to be provided or may invoice Town on a monthly
basis. Such invoices shall be itemized to show services performed, expenses
and corresponding charges. Consultant shall keep accurate records of its
services and expenses incurred in the performance of this Agreement and shall
make the same available to Town for inspection and copying upon five (5) days
notice thereof. These records shall be kept by Consultant for two (2) years
following the expiration of this Agreement.
3.02 Fiscal Funding. Consultant and Town recognize that the continuation of any
contract after the close of any given fiscal year of the Town of Trophy Club,
which fiscal year ends on September 30th of each year, shall be subject to Town
Council approval. In the event that the Town Council does not approve the
appropriation of funds for this contract, the contract shall terminate at the end of
the fiscal year for which funds were appropriated and the parties shall have no
further obligations hereunder.
3.03 Maximum Compensation Upon Termination By Town or Consultant. In the
event of termination by Town with or without cause and subject to the terms of
§3.02 herein, the Consultant shall be compensated only for actual approved
expenses and fees incurred by Consultant in providing those services acceptable
to Town which are within the scope of work under the Contract Documents to the
effective date of termination, unless otherwise specifically stated in the notice of
termination. Approved expenses do not include overhead such as utilities, rent,
insurance, etc., and shall not exceed the total amount due under this Agreement.
3.04 Ownership of Documents. All information, documents, records and reports
developed as a result of the services provided under this Agreement shall be the
property of the Town (hereinafter “Documents”). Any use by Consultant of the
information developed hereunder, whether for publication or for work with other
clients, must receive prior written permission from the Town. During the term
and all renewals of this Agreement, all such information and Documentation
generated, compiled, collected or collated shall be maintained in the format
required by Town. Further, all such information and Documentation shall be
returned to Town upon termination of this Agreement, and upon such termination
shall be returned in the format required by Town.
SECTION IV.
13
SUCCESSORS AND ASSIGNS/AGENTS OR ASSISTANTS
4.01 Successors and Assigns. Town and Consultant each bind themselves, their
successors, executors, administrators and assigns to the other party to this
Agreement. Neither Town nor Consultant will assign, sublet, subcontract or
transfer any interest in this Agreement without the prior written consent of the
other party. No assignment, delegation of duties or subcontract under this
Agreement will be effective without the written consent of Town. Subject to the
provision regarding assignment, this Agreement shall be binding on the
administrators, legal representatives, successors, and assigns of the respective
parties.
4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent reasonably
necessary for the Consultant to perform its duties hereunder, Consultant may
engage the services of any agents or assistants which it may deem proper, and it
may further employ, engage, or retain the services of such other persons or
corporations to aid or assist it in the proper performance of its duties. The cost of
the services of such agents or assistants shall be borne by Consultant at its sole
cost and expense. Consultant further agrees that the subcontracting of any
portion or feature of the work, or materials required in the performance of this
Contract, shall not relieve Consultant from its full obligations to Town as provided
by this Contract.
SECTION V.
FACILITIES
Consultant shall be responsible for providing all necessary facilities, personnel,
equipment, materials or other items necessary to perform the services required of it
hereunder; provided, however, that Town shall cooperate with Consultant by providing
space that Town has available for meetings, conferences, presentations, etc.
SECTION VI.
INDEMNIFICATION
Consultant shall release, defend, indemnify and hold harmless Town and its
officials, officers, agents and employees from and against all damages, injuries
(including death), claims, property damages (including loss of use), losses, demands,
suits, judgments and costs, including attorney’s fees and expenses, in any way arising
out of, related to, or resulting from the performance of the work or caused by the
negligent act or omission of Consultant, its officers, agents, employees, subcontractors,
licensees, invitees or any other third parties for whom Consultant is legally responsible
(hereinafter “Claims”). Consultant is expressly required to defend Town against all such
Claims.
In its sole discretion, Town shall have the right to approve defense counsel to be
retained by Consultant in fulfilling its obligation hereunder to defend and indemnify
14
Town, unless such right is expressly waived by Town in writing. Town reserves the right
to provide a portion or all of its own defense; however, Town is under no obligation to do
so. Any such action by Town is not to be construed as a waiver of Consultant’s
obligation to defend Town or as a waiver of Consultant’s obligation to indemnify Town
pursuant to this Contract. Consultant shall retain Town approved defense counsel
within seven (7) business days of Town’s written notice that Town is invoking its right to
indemnification under this Contract. If Consultant fails to retain Counsel within such
time period, Town shall have the right to retain defense counsel on its own behalf, and
Consultant shall be liable for all costs incurred by Town.
SECTION VII.
ADDITIONAL CONSULTANT RESPONSIBILITIES
Consultant shall assume responsibilities in accordance with the requirements set
forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein,
throughout the term of this Agreement and all such renewals thereof.
SECTION VIII.
INDEPENDENT CONTRACTOR
Consultant covenants and agrees that he or she is an independent contractor
and not an officer, agent, servant or employee of Town; that Consultant shall have
exclusive control of and exclusive right to control the details of the work performed
hereunder and all persons performing same, and shall be responsible for the acts and
omissions of its officers, agents, employees, contractors, subcontractors and
consultants; that the doctrine of respondeat superior shall not apply as between Town
and Consultant, its officers, agents, employees, contractors, subcontractors and
consultants, and nothing herein shall be construed as creating a partnership or joint
enterprise between Town and Consultant.
SECTION IX.
TERMINATION
9.01 Option. Town may, at its option, without cause, and without prejudice to any
other remedy it may be entitled to at law, in equity, or otherwise under this
Contract, terminate further work under this contract, in whole or in part by giving
at least thirty (30) days prior written notice thereof to Consultant with the
understanding that all services being provided by Consultant shall cease upon
the date such notice is received unless otherwise specifically stated in the notice
of termination.
9.02 Cause. Town reserves the right to terminate this contract immediately upon
breach of any term or provision of the Contract Documents by Consultant; or if at
any time during the term of this contract, Consultant shall fail to commence the
work in accordance with the provisions of the Contract Documents or fail to
diligently provide services in an efficient, timely and careful manner and in strict
15
accordance with the provisions of the Contract Documents, or fail to use an
adequate number or quality of personnel or equipment to complete the work or
fail to perform any of its obligations under the Contract Documents, then Town
shall have the right, if Consultant shall not cure any such default after fifteen (15)
days written notice thereof, to terminate this contract and complete the work in
any manner it deems desirable, including engaging the services of other parties
therefore. Any such act by Town shall not be deemed a waiver of any other right
or remedy of Town.
9.03 Costs. If after exercising any remedy provided herein, the cost to Town of the
performance of the balance of the work is in excess of that part of the contract
sum which has not therefore been paid to Consultant hereunder, Consultant shall
be liable for and shall reimburse Town for such excess.
SECTION X.
EQUAL OPPORTUNITIES
Consultant shall not discriminate against any employee or applicant for
employment because of race, age, color, religion, sex, disability, ancestry, national
origin or place of birth. Consultant shall take action to ensure that applicants are
employed and treated without regard to their race, age, color, religion, sex, disability,
ancestry, national origin or place of birth. This action shall include but not be limited to
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection of training including apprenticeship.
SECTION XI.
APPLICABLE LAW/ INDEMNITY
Consultant shall at all times observe and comply with all Federal, State and local
laws, ordinances and regulations, which in any manner affect Consultant or the work,
and shall release, defend, indemnify and hold harmless Town against any claim
arising from the violation of any such laws, ordinances and regulations whether
by Consultant or its employees. If Consultant performs any work contrary to such
laws, ordinances, rules and regulations, Consultant shall bear all costs arising
therefrom.
SECTION XII.
SEVERABILITY
The provisions of this Contract are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Contract is for any reason held to be
contrary to the law or contrary to any rule or regulation having the force and effect of the
law, such decisions shall not affect the remaining portions of the Contract.
SECTION XIII.
16
NONWAIVER
It is expressly understood and agreed that, in the execution of this Agreement,
Town does not waive nor shall Town be deemed hereby to have waived any immunity
or defense that would otherwise be available to it. It is further agreed that one (1) or
more instances of forbearance by Town in the exercise of its rights herein shall in no
way constitute a waiver thereof.
SECTION XIV.
PARAGRAPH HEADINGS
The descriptive headings of the several Articles, Sections and Paragraphs
contained in this Agreement are inserted for convenience only and shall not control or
affect the meaning or construction of any of the provisions hereof.
SECTION XV.
CONTRACT INTERPRETATION
Although this Agreement is drafted by the Town, should any part be in dispute,
the parties agree that the Agreement shall not be construed more favorably for either
party.
SECTION XVI.
ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties hereto with respect to the subject matter hereof, and no
other agreement, statement, or promise relating to the subject matter of the Contract
Documents which is not contained herein shall be valid or binding. The parties agree
that the Contract Documents constitute the entire understanding of the parties.
SECTION XVII.
GOVERNING LAW / VENUE
The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas. The parties agree that it is performable in Denton County, Texas and that
exclusive venue shall be in Denton County, Texas.
IN WITNESS WHEREOF, the parties have executed this Contract on the dates
indicated below.
17
CONSULTANT
Date: ______________ BY: __________________________
Bailey Environmental
Name:_____________________
Title:______________________
TOWN OF TROPHY CLUB, TEXAS
Date: ______________ BY: __________________________
Nick Sanders
Mayor
APPROVED AS TO FORM:
_________________________________
Patricia A. Adams, TOWN ATTORNEY
18
ACKNOWLEDGMENTS
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the _____ day of
___________________, 2006, by _________________, ________________, of
__________________________ a _____________ corporation, on behalf of such
corporation.
_______________________________
Notary Public, State of Texas
STATE OF TEXAS )
)
COUNTY OF DENTON )
This instrument was acknowledged before me on the _______ day of
_________________, 2006 by NICK SANDERS, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a Type “A” general law municipal corporation, on behalf of such
corporation.
________________________________
Notary Public, State of Texas
19
EXHIBIT “A”
CONSULTANT’S PROPOSAL
20
EXHIBIT “B”
FEE SCHEDULE
Description of Service Fee Per Inspection
Restaurants $100.00
Cafeteria (ea. Schools) $100.00
Convenience Store $100.00
Catering Trucks/or other Vendors $125.00
Day Care Center $125.00
Foster/Adoption Homes $125.00
Grocery Store $250.00
Super Store (ea Wal-Mart) $450.00
Swimming Pools $125.00
Nursing Homes $125.00
Complaints $125.00
Consulting/Meeting/Court Appearances $125.00
Water Sampling for Lab Testing $135.00
New Construction Plan Reviews $125.00
21
EXHIBIT “C”
ADDITIONAL CONSULTANT RESPONSIBILITIES
1.01 The Contractor shall be responsible for the work performed under the
Contract Documents and every part thereof, and for all materials, tools,
equipment, appliances, and property of any and all descriptions used in
connection with the work. The Contractor assumes all risks for direct and
indirect damage or injury to the property or persons used or employed on
or in connection with the work contracted for, and of all damage or injury
to any person property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in
any way whatsoever with the contracted work, until final acceptance of the
work by the Town.
1.02 The Contractor shall assume all on-the-job responsibilities as to the
control of persons directly employed by it and of the subcontractors and
any persons employed by the subcontractor.
1.03 Nothing contained in the specifications shall be construed as creating any
contractual relationship between any subcontractor and the Town. The
Contractor shall be as fully responsible to the Town for the acts and
omissions of the subcontractors and of persons employed by them as it is
for acts and omissions of persons directly employed by it.
1.04 Precaution shall be exercised by the Contractor at all times for the
protection of persons, (including employees) and property. All existing
structures, utilities, roads, services, trees and shrubbery shall be protected
against damage or interruption of service at all times by the Contractor
and its subcontractors during the term of the Contract, and the Contractor
shall be held responsible for any damage to property occurring by reason
of its operation on the property.
22
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.1
Discuss and take appropriate action regarding a resolution to renew
membership in the Texas Building and Procurement Commission
Cooperative Purchasing Program (TBPC Co-Op).
EXPLANATION:
This is a state based buying cooperative that enables staff to save money on a variety
of purchases from technology to equipment and vehicles. The annual cost is $100.
This would begin our third year of participation. http://www.tbpc.state.tx.us/
ACTION BY COUNCIL:
(bg)
Attachments: 1. Resolution
2. Letter from Texas Building and Procurement Commission
23
TOWN OF TROPHY CLUB, TEXAS
RESOLUTION NO. 2006-
A RESOLUTION OF THE TOWN OF TROPHY CLUB,
TEXAS, AUTHORIZING PARTICIPATION IN THE TEXAS
BUILDING AND PROCUREMENT COMMISSION
COOPERATIVE FOR THE PURCHASE OF GOODS AND
SERVICES UNDER STATE CONTRACTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Building and Procurement Commission is authorized to
provide purchasing services for local governments pursuant to TITLE 8, SUBTITLE C.
Chapter 271, Subchapter D. sections 271.082 and 271.083 of the Local Government
Code; and
WHEREAS, the Town Council of Trophy Club is a local government defined as
an entity qualified to participate in the Cooperative Purchasing Program of the Texas
Building and Procurement Commission pursuant to section 271.081 of the Local
Government Code; and
WHEREAS, in accordance with the requirements of section 113.85(a) of the
Texas Building and Procurement Commission administrative rules, the Agents of
Record, Brandon Emmons, Town Manager and Lisa Ramsey, Town Secretary, are
authorized to execute any and all documentation for The Town of Trophy Club
pertaining to its participation in the Texas Building and Procurement Commission
Cooperative Purchasing Program; and
WHEREAS, the Town acknowledges its obligation to pay annual participation
fees established by the Texas Building and Procurement Commission for a period up to
three (3) years.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the foregoing recitals stated in the preamble are found to be true and
correct and are deemed incorporated into the body of this Resolution as if copied herein in their
entirety.
Section 2. That the Town of Trophy Club hereby requests that the Texas
Building and Procurement Commission approve the Town of Trophy Club for
participation in the Texas Building and Procurement Commission Cooperative
Purchasing Program.
Section 3. That the Town acknowledges its obligation to pay the annual
participation fee for the Texas Building and Procurement Commission Cooperative
24
Purchasing Program for the 06-07 budget year, and subject to annual funding approval,
acknowledges the Town’s continued participation for two (2) additional years.
Section 4. That this Resolution shall become effective from and after its date of
passage in accordance with the law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 4th day of December, 2006.
Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST:
Lisa Ramsey, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
25
26
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.2
Discuss and take appropriate action regarding the expenditure of GASB/34
funds for the financial and utility billing software upgrade.
EXPLANATION:
STW, our current financial and utility billing software has stopped providing
enhancements for the version of software we are utilizing. They have developed a new
web based product that runs on a windows based server. With the new product, we will
have enhanced reporting as well as a report repository. It also provides simple
document management to organize the paper trail within STW. Since it’s web based,
the interface has simplified and the menu is customized for easy access. We will have
the ability to take online credit card payments for fast and simple transaction for utility
billing payments. With this migration, our system will better serve the employees and
our citizens.
The upgrade was approved in this year’s budget and will be a split cost between the
Town and MUD. The total expenditure for each entity is projected at $39,174. With
Council approval, this expenditure will be funded from our GASB/34 account which was
$118,647 as of 11/22/2006.
The new version will provide the following features:
1. The web interface allows citizens to review their usage/history all online
without contacting the MUD/Town, providing even more self-service
capabilities to our citizens.
2. The ability to make utility billing payments online. The Credit Card information
is not maintained on our servers, instead it is sent to the credit card
clearinghouse for processing. A confirmation e-mail is generated to the
payee and a confirmation number is entered back into STW. The system is
updated as fast as it receives the confirmation.
3. Simple document management. When we receive a bill for services, we could
can scan it in and attach it to an account. We then can pull up the account
and see all the attached documents. Reviewing the documents can be done
by all the managers for a more streamlined service.
27
4. Reporting repository. All reports related to system updates which cannot be
reproduced at a later time, are automatically placed in the system report
repository. These can be viewed instead of printed and still remain in the
report repository. Some clients are printing 70% less by using the report
repository.
5. www.2turniton.com free integration for citizens to sign up for new water
services. The system will fill in about 80% of the data so the UB clerk does
not have to do it.
6. Easy web browser based access. There is no client software to maintain.
Just a standard web browser.
7. Remitplus package provides quick and accurate reading of billing coupons
and checks into STW. The system also keeps the images of the checks.
8. Windows platform is for easier system maintenance and control.
9. Enhanced reporting and report writing functionality with a powerful end user
reporting GUI tool.
10. Report Repository. Can be search indexed for quick responses.
11. 100% data conversion guaranteed. Previous history is brought forward to the
new system.
12. Multiple reports. Several different types of can be directly e-mailed within
STW.
13. The ability create customized menu for any specific user for easier
navigation.
Note:
This upgrade does not enable the court to take online payments. The court package is
provided from a different vendor.
RECOMMENDATION: Staff recommends the expenditure of GASB/34 funds to
upgrade our current software package.
ACTION BY COUNCIL:
(mp)
Attachments: 1. STW Quote
2. Dell Server Quotes
3. RemitPus Quote
28
29
30
31
32
33
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.3
Discuss and take appropriate action regarding an Interlocal Agreement
with the City of Southlake for Animal Control Services, and authorizing the
Mayor or his designee to execute necessary documents.
EXPLANATION:
This interlocal agreement for Animal Control Services will provide for emergency back-
up for vacations, vacations as well as situations that would overwhelm either
municipality’s resources.
ACTION BY COUNCIL:
(bg)
Attachments: 1. Agreement
35
Exhibit “A”
Animal Control
Mutual Aid Agreement
This Agreement is made and entered into this ______ day of __________, 2006,
by and between the Town of Trophy Club, Texas, and the City of Southlake, Texas,
which comprise the participating agencies (“Participating Agencies”).
W I T N E S S E T H:
WHEREAS, each of the parties to this Agreement provide Animal Control
Services or have jurisdictional authority within their respective territorial limits; and
WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas
Government Code;
WHEREAS, it is important that all parties coordinate their efforts in order to
assure their customers that all reasonable efforts are being expended to provide them
with adequate Animal Control Services;
WHEREAS, in response to an increasingly complex environment, the
Participating Agencies wish to pool their collective resources in order to secure,
operate, and maintain Animal Control Services in emergency situations, in the absence
of a regular animal control officer or any acts of God.
Section 1.
Definitions
1. “Requesting Party” means any party to this Agreement that requests
assistance from any other party to this Agreement in accordance with the
terms of this Agreement.
2. “Assisting Party” means any party to this Agreement rendering assistance to
a Requesting Party under the terms of this Agreement.
3. “Officer-in-Charge” means that person, or his designee/s, who is a
Department or Agency head with the authority and primary responsibility for
Animal Control/Rabies Control within the jurisdiction or territory of a
Participating Agency.
4. “Third Party” means a person or entity not a party to this Agreement.
Section 2.
36
Services
Each Participating Agency hereby agrees to provide, upon request from another
party hereto, aid and assistance in responding to Animal Control Service emergency
situations occurring within the jurisdiction of the Requesting Party. Such aid may
consist of support personnel, equipment, Animal Control emergency response vehicle/s
and trailer/s or other emergency assistance for an emergency occurring within the
territorial limits of the Requesting Party. Such emergencies may include, but not be
limited to; Animal Control facility breakdowns creating a demand for Animal Control
Services greater than capacity, power outages, explosions, floods, earthquakes, or
other acts of God; or an absence of qualified personnel.
Assistance shall be contingent upon the availability of the Assisting Party’s
Animal Control resources, equipment, and personnel. The determination of the amount,
type, and extent of assistance to be extended upon any request shall lie solely within
the discretion of the Officer-in-Charge of the Assisting Party. The Assisting Party may
order the return of any or all of its personnel or equipment to its own jurisdiction at any
time. The rendering of assistance under the terms of this Agreement is not mandatory,
but the Assisting Party should immediately inform the Requesting Party if, for any
reason, assistance cannot be rendered, or continued to be rendered.
In rendering mutual assistance, each Requesting Party and Assisting Party shall
be responsible for the provision and maintenance of its own equipment.
Section 3.
Authority
Each Participating Agency shall designate an Officer/s-in Charge, who shall have
authority to request aid from the other Participating Agencies. Upon the execution of
this Agreement, each Participating Agency shall notify the other Participating Agency of
the names, addresses, telephone number, and fax number of the designated Officer/s-
in-Charge and shall provide notice of any future changes. Any notices shall comply with
the provision set forth in Section 12.
The Participating Agencies agree that details concerning the methods of
requesting assistance and such other planning as my be necessary to effectuate the
purpose of this Agreement may be performed by the designated Officer/s-In-Charge, so
long as the practices and policies conform to this Agreement with respect to public
liability.
A Requesting Party shall have and exercise joint control in conjunction with any
Assisting Party to assign personnel to places where they are needed. However, the
Officer-In Charge for any Assisting Party shall be responsible for exercising exclusive
control over his personnel in response to the general directions of the Requesting and
Assisting Parties. Furthermore, employees of the Assisting Party engaging in mutual
aid retain all the rights and protections afforded to employees of that party.
37
Section 4.
Action Plan
An Action Plan will be developed by the Officer-in Charge of the Participating
Agencies for the purpose of designating an emergency management team, and
alternates, which will coordinate responses to regional and geographical Animal Control
emergencies. The Action Plan will at a minimum establish the following:
1. An inventory of available equipment and resources.
2. A 24/7 point/s of contact within each Participating Agency.
Section 5.
Coordination
Emergencies include, but are not limited to, the following:
1. Facilities experiencing full or partial failure and are unable to meet the
collective demands of the Participating Agency.
2. A shortage of Animal Control personnel and/or equipment at the
Participating Agency.
3. Acts of God.
Actual measures for dealing with such emergencies will be developed by the
Officer-in-Charge of the Participating Agencies under the aforementioned Action Plan
and may change from time-to-time, as necessary.
Section 6.
Unrelieved Obligations
This Agreement does not relieve any party from the necessity and obligation of
furnishing adequate Animal Control Services and supplies within its own jurisdiction.
Section 7.
Responsibilities for Damages and Injuries
A Requesting Party shall indemnify, defend and hold harmless an Assisting
Party, its officers, agents and employees, against any claims for damages and injuries
occurring as a result of an act or omission arising out of the rendering of aid to the
Requesting Party pursuant to this Agreement subject to the statutory limitations on
liability provided by Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code. However, the Requesting Party shall not have duty under this Section to defend,
indemnify or hold harmless the Assisting Party, its officers, agents and employees
against any allegations concerning or arising out of acts or omissions of the Assisting
38
Party, its officers, agents and employees which were outside the scope of the requested
aid.
The Assisting Party shall not be responsible for any loss to the Requesting Party
which may result from the delay or inability of the Assisting Party to respond promptly
for whatever reason to any request for mutual aid from the Requesting Party.
Each Participating Agency hereby waives all claims against the other
Participating Agency for compensation for any loss, property damage, personal injury or
death occurring as a consequence of the performance of this Agreement.
The Requesting Party shall not reimburse the Assisting Party for costs incurred in
responding pursuant to this Agreement.
It is further understood and agreed that, in the execution of this Agreement,
neither Participating Agency waives, nor shall be deemed hereby to waive, any
immunity or defense that would otherwise be available to it against claims arising in the
exercise of governmental powers and or other legal functions.
Section 8.
Compensation / Insurance
No monetary compensation shall be required of any Participating Agency for the
services rendered under this Agreement. Personnel who perform duties pursuant to
this Agreement shall receive the same wage, salary, pension, injury, or death benefits,
worker’s compensation benefits, payment of expenses, and all other compensation and
rights for the performance of those duties, as they would have received for their regular
duties in the service of the city by which they are employed. Each Participating Agency
shall be solely responsible for the payment of its costs associated with providing
equipment, supplies and personnel under this Agreement. Performance of the
respective covenants contained herein shall constitute sufficient consideration for the
enforceability of this Agreement. Each party will bear its own costs rendering mutual aid
to another party hereto. Each Participating Agency must provide and maintain liability
insurance or show proof of self-insurance, as required under Texas law. All payments
for services provided hereunder shall be made from current revenues legally available
to each of the parties respectively.
Section 9
Reports
After an occurrence wherein mutual aid was requested and given, all parties
participating in said occurrence of mutual aid shall make available to other Participating
Agencies all reports arising out of such operation. However, nothing in this provision
shall purport to waive, limit or remove the duties of confidentiality imposed or allowed by
law as to any such reports or the contents thereof.
39
Section 10.
No Third Party Rights
This Agreement shall not be construed as, nor deemed to be, an Agreement for
the benefit of any Third Party or Parties, and no Third Party or Parties shall have a right
of action hereunder for any cause whatsoever. No party to this Agreement intends to
benefit any person who is not names as a party to this Agreement.
Section 11.
Term
This Agreement shall commence as of the date first above mentioned and shall
renew automatically from year-to-year, for a period of ten (10) years unless otherwise
modified or terminated as provided hereinafter. Termination by a Party shall become
effective by said Party giving the other parties thirty (30) days’ written notice of its intent
to terminate participation in this Agreement.
Section 12.
Notices
Any notice to one party from another under this Agreement shall be submitted by
either e-mail or by U.S. mail to such address designated below or to such other address
as may hereafter be designated by a party by written notice thereof to the others.
Town of Trophy Club
Community Development Department
Attn: Beth Ann Gregory. Director
100 Municipal Drive
Trophy Club, TX 76262
O: 682.831.4685
C: 817.538.2895
E: bgregory@ci.trophyclub.tx.us
City of Southlake
Attn: Chief Wade Goolsby
667 N. Carroll Ave.
Southlake, TX 76092
O: 817-748-8120
C: 817-228-1090
E: wgoolsby@ci.southlake.tx.us
Section 13.
Partial Invalidity
Should any section or any part of any section of this Agreement be rendered
void, invalid, or unenforceable for any reason by a court of law, such a determination
40
shall not render any other section or any other portion of any section of this Agreement
void, invalid or unenforceable.
Section 14.
Integration
The preparation, delivery and execution of this Agreement by the parties has not
been induced by any agreements, representations, statement or warranties other than
those expressed herein. This Agreement embodies the entire understanding of the
parties and there are no further or other agreements or understandings, written or oral,
in effect between the parties resulting to the subject matter hereof unless expressly
referred to herein or expressly incorporated herein by reference thereto.
Section 15.
Modification
The parties agree that this Agreement is the complete expression of the terms
hereto and any oral representation or understanding not incorporated herein is
excluded. The parties reserve the right to modify this agreement. Any modifications of
this Agreement shall be in writing and signed by all parties to this Agreement, and
affixed to each original Agreement.
Section 16.
Counterparts
This Agreement may be signed in any number of counterparts, each of which
shall be deemed to be an original and all of which together shall be deemed to be one
and the same Agreement.
Section 17.
Venue
Each Participating Agency agrees that if legal action is brought under this Agreement,
exclusive venue shall lie in Tarrant County, Texas. The validity of this Agreement and
of any of its terms or provisions, as well as the rights and duties of the Parties
hereunder, shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
set forth above.
TOWN OF TROPHY CLUB, TEXAS
41
_______________________________
Brandon Emmons
Town Manager
ATTEST:
______________________________________
Lisa Ramsey, Town Secretary
APPROVED AS TO FORM:
______________________________________
Patricia Adams, Town Attorney
CITY OF SOUTHLAKE, TEXAS
________________________________
Name:
Title:
ATTEST:
__________________________________________
City Secretary
APPROVED AS TO FORM:
__________________________________________
City Attorney
42
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.4
Discuss and provide input regarding the Town of Trophy Club's future
annexation plans and discuss and take appropriate action regarding the
approval or denial of a Resolution directing the Planning and Zoning
Department, through the Town Manager, to prepare a service plan for that
certain part of the Town's extraterritorial jurisdiction described generally as
approximately 21.1346 acres in the M. Medlin Survey, A-832.
EXPLANATION:
The purpose of this item is to provide staff with input regarding annexation of land in the
Town's ETJ. Additionally, it will also give land owners the opportunity to give input
regarding future annexations. The affected landowners were notified via U.S. Mail on
November 28, 2006 of the placement of this agenda item on the December 4, 2006
Council agenda.
If Council determines that it is interested in pursuing annexation of property in the ETJ,
the first step is to direct the Planning and Zoning Department to prepare a service plan
that provides for the extension of full municipal services to the annexed area. Those
services must be provided by any methods by which the Town extends those services
to any other area of the Town. In the event that Council decides to move forward, a
Resolution is provided below. The Resolution documents Council direction to the
Planning and Zoning Department through the Town Manager to prepare a service plan.
Attachments: 1. Resolution
43
TOWN OF TROPHY CLUB
RESOLUTION NO. 2006-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, DIRECTING THE PLANNING AND ZONING
DEPARTMENT THROUGH THE TOWN MANAGER TO PREPARE A
SERVICE PLAN FOR AN AREA OF LAND LOCATED IN THE TOWN’S
EXTRATERRITORIAL JURISDICTION WHICH IS PROPOSED FOR
ANNEXATION DESCRIBED GENERALLY AS APPROXIMATELY
21.1346 ACRES IN THE M. MEDLIN SURVEY, A-832 AND
DESCRIBED MORE FULLY IN EXHIBIT “A”; AND REQUIRING THAT
SUCH SERVICE PLAN PROVIDE FOR THE EXTENSION OF FULL
MUNICIPAL SERVICES TO THE AREA PROPOSED FOR
ANNEXATION IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality empowered by
Texas Constitution, State law and Home Rule Charter to fix boundaries of the Town and
to provide for the alteration or the extension of those boundaries, pursuant to any laws
of the State of Texas now or hereinafter enacted, with or without the consent of the
owners or inhabitants of such territory.
WHEREAS, the Town of Trophy Club has expressed an interest in the potential
annexation of an area of land located within the Town’s extraterritorial jurisdiction
described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832
and which is more fully described in Exhibit “A”, a copy of which is attached hereto and
incorporated herein; and
WHEREAS, in order to commence the annexation process, the Town Council
has determined it necessary to direct the Town Planning and Zoning Department,
through the Town Manager, to prepare a service plan for the land described in Exhibit
“A”; and
WHEREAS, the service plan shall provide for the extension of full municipal
services to the area proposed to be annexed as applicable and required by State law;
WHEREAS, Town Council finds and determines that a valid governmental
purpose is served by proceeding with the service plan for the area proposed for
annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
44
Section 1. That the foregoing premises are found to be true and correct and
that the Town Planning and Zoning Department, through the Town Manager, is hereby
directed to prepare a service plan that provides for the extension of full municipal
services to the area proposed for annexation, as described in Exhibit “A”.
Section 2. That the service plan meet all the requirements and provide for the
extension of services in accordance with the timelines set forth in State law.
Section 3. That this Resolution shall take effect immediately upon its passage
in accordance with law.
PASSED AND APPROVED ON THIS 4th DAY OF DECEMBER, 2006.
_____________________________________
Nick Sanders
Mayor, Town of Trophy Club, Texas
ATTEST:
_______________________________________
Town Secretary,
Town of Trophy Club, Texas
[Seal]
APPROVED AS TO FORM:
_________________________________________
Town Attorney,
Town of Trophy Club, Texas
45
Exhibit “A”
46
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.5
Items for Future Agenda.
List:
• Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of
Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees",
amending Section 8.15, entitled "Parks and Recreation."(12/18)
• Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2001-01
and adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials.
(12/18)
• Building Standards Commission for the Town. (1/8/06)
• Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws.
• Review of the Property Maintenance Ordinance.
• Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled
"Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code
of Ordinances of the Town.
• Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards
for the Repair, Removal or Demolition of Substandard Buildings.
• Discussion about storm water discharge from pools.
• Discuss and appropriate action regarding a policy for accepting gifts.
• Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
• Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign
Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending
Sections 4.05. (relative to political signs and quantity per commercial lot.)
• Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance
establishing the Town's Emergency Management System.
• Ordinance to designate The Town of Trophy Club a "Smoke Free" Town.
• Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the
vehicle until the vehicle is properly insured and inspected.
• Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the
driver does not have a current or valid Drivers License.
47
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.C.6
Reports. 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.
(a) Town Council report from EDC 4A Liaison, Council member Edstrom,
and EDC 4B Liaison, Council member Sterling.
(b) Town Manager's Report.
Attachments: 1. None
48
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.D.1
Pursuant to Texas Government Code §551.073, Deliberation Regarding
Prospective Gift, and § 551.071(a) and (b) Consultation with Attorney,
Council will enter into executive session to deliberate a negotiated contract
for a prospective gift or donation to the governmental body where
deliberation in an open meeting would have a detrimental effect on the
position of the Governmental body in negotiations with a third person and
to consult with the Town Attorney on pending or contemplated litigation or
on a matter in which the duty of the attorney to the governmental body
under the Texas disciplinary rules of professional conduct of the State Bar
of Texas clearly conflicts with the open meetings act:
a. Proposal by Beck Properties to resolve disputed park land dedication
matters, release of claims, and proposed "charitable dedication" by
Beck Properties
49
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action relative to Executive Session Item
Number D1, proposal by Beck Properties to resolve disputed park land
dedication matters, release of claims, proposed "charitable dedication" by
Beck Properties and matters related to the parkland dedication dispute and
its resolution.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
50
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 12-4-2006
Subject: Agenda Item No.E.1
Adjourn.