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Agenda Packet TC 06/02/2008 - Joint Workshop 1 TOWN OF TROPHY CLUB JOINT WORKSHOP BETWEEN TOWN COUNCIL AND THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 and TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 dba TROPHY CLUB MASTER DISTRICT AND REGULAR SESSION FOR THE TOWN COUNCIL 100 Municipal Drive, Trophy Club, Texas 76262 Monday, June 2, 2008 at 6:00 P.M. A.1 Town Council call to order and announce a quorum. Master District call to order and announce a quorum. A.2 Joint Budget Workshop Session: Review and Discuss FY08-09 Shared Employees and Preliminary Fire Budget. (6:00 - 7:00 p.m.) A.3 Master District to adjourn. A.4 Invocation. A.5 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 state under God, one and indivisible." A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. A.7 Discuss and take appropriate action regarding a Proclamation celebrating June 6, 2008, as the day that the 100,000th meal will be prepared for Metroport Meals On Wheels by Marriott Solana. B.1 Consent Agenda: Discuss and take appropriate action to ratify the funding and development agreement between the Town and Centurion Acquisitions LP for the extension of Northwest Parkway proposed connector road. (Funding Agreement.) B.2 Consent Agenda: Discuss and take appropriate action to ratify the Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and 2 Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. B.3 Consent Agenda: Discussion and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Trophy Club PID (I&S), and designating Sakura Moten-Dedrick, Finance Director as the Liaison. B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. April 2008 B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 19, 2008. C.1 Discuss and take appropriate action to award a contract for janitorial services for Trophy Club and MUD offices and authorizing the Mayor or his designee to execute necessary contract documents. C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. C.3 Discuss and take appropriate action regarding the designation of MUD Liaison(s). C.4 Discuss and take appropriate action regarding the a Resolution amending Resolution No. 2007-21 to designate a Council member liaison to Parks and Recreation Board. C.5 Discuss and take appropriate action regarding KRLD's Drive to Vote promotion and Trophy Club participation. C.6 Discuss and take appropriate action regarding budget considerations and a future plan of action for the Lakeview creekbed ditch. C.7 Items for Future Agenda. C.8 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 Manager's Report. (b) Highlands at Trophy Club Master Improvements Phase 2 report. 3 D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to discuss the following: A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. E.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.1 Town Council call to order and announce a quorum. Master District call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.2 Joint Budget Workshop Session: Review and Discuss FY08-09 Shared Employees and Preliminary Fire Budget. (6:00 - 7:00 p.m.) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. MUD Personnel & Salary List 2. Town Personnel & Salary List 3. Fire Revenue Fund Budget & Backup 4. Fire Expense Fund Budget & Backup 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.3 Master District to adjourn. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 25 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.4 Invocation. Council member Strother will offer the Invocation. 26 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.5 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 state under God, one and indivisible." Council member Sterling will lead the Pledges. 27 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.6 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. You may speak up to three (3) minutes or the time limit determined by the Mayor or presiding officer. To speak during this item you must complete the Speaker's form that includes the topic(s) of your statement. Topics of presentation should be limited to matters over which the Council has authority. 28 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.A.7 Discuss and take appropriate action regarding a Proclamation celebrating June 6, 2008, as the day that the 100,000th meal will be prepared for Metroport Meals On Wheels by Marriott Solana. EXPLANATION: Mary King, Executive Director for Metroport Meals On Wheels will attend the meeting. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Proclamation 29 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2008-07 Celebrating June 6, 2008, as the 100,000th meal Marriott Solana has prepared for Metroport Meals On Wheels WHEREAS, on April 1, 1980, Roanoke Meals On Wheels was born when Kelly Bradley assembled a group of people who began cooking in their homes to deliver five meals to elderly residents in Roanoke; and WHEREAS, in February, 1992, the Marriott Solana Hotel became the centralized kitchen for Roanoke Meals On Wheels and began serving 10 meals a day for Roanoke seniors; and WHEREAS, by 1995, the organization had become Metroport Meals On Wheels and the Marriott Solana was providing 60 meals a day that were delivered to seniors in eight communities plus a weekly meal for Metroport’s Senior Center luncheon in Southlake; and WHEREAS, Marriott Solana has provided continuous service to Metroport Meals On Wheels since 1992 at a nominal cost of $2.00. The Marriott Solana enabled Metroport Meals On Wheels to meet an otherwise unrecognized need to feed hungry senior citizens in our area. Because of the Marriott Solana’s involvement, more people became aware of Metroport Meals On Wheels’ meal programs and volunteered to help deliver meals; and WHEREAS, In addition to providing food for meals, the Marriott Solana’s employees embraced Metroport Meals On Wheels’ mission and expanded its capacity to serve seniors. From the General Managers, to the Food and Beverage Directors, to the Chefs, to Cielo’s hostesses over the past sixteen years, Marriott Solana’s commitment to Metroport Meals On Wheels and seniors citizens has been exemplary; and NOW, THEREFORE, I, Nick Sanders, Mayor of the Town of Trophy club, Texas, do hereby proclaim and celebrate June 6, 2008, as: “the 100,000th meal Marriott Solana has prepared for Metroport Meals On Wheels,” and recognize Marriott Solana for its corporate citizenship. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 2nd day of June, 2008. 30 _____________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary Town of Trophy Club, Texas 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to ratify the funding and development agreement between the Town and Centurion Acquisitions LP for the extension of Northwest Parkway proposed connector road. (Funding Agreement) EXPLANATION: This item was approved at the May 19th Council meeting. A complete final copy with all exhibits is included as backup for this item. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Agreement between the Town and Centurion Acquisitions L.P. 32 FUNDING AND DEVELOPMENT AGREEMENT by and between THE TOWN OF TROPHY CLUB, TEXAS and CENTURION ACQUISITIONS, L.P.. FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST PARKWAY PROPOSED CONNECTOR ROAD STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THIS FUNDING AND DEVELOPMENT AGREEMENT, is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation (hereinafter known as the "TROPHY CLUB"), and CENTURION ACQUISITIONS, LP, a Texas Limited Partnership, and Owner and Developer of the Highlands At Trophy Club (hereinafter known as "CENTURION"). Trophy Club, and Centurion shall be collectively referred to as “Parties.” This Development Agreement ("Agreement") is for the purpose of providing funding and construction services for the construction of certain road and utility improvements to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke, to connect at its intersection with Highway 377, as described in Exhibit “A”, attached hereto and incorporated herein (referred to as the "Project”.) WHEREAS, Centurion is the owner of real property located within the territorial limits of the Town of Trophy Club and the City of Roanoke and zoned for single family residential uses, as described in Exhibit “B” attached hereto and incorporated herein (referred to as the "Property"); and WHEREAS, Centurion is developing a residential subdivision upon the Property which is known as the Highlands at Trophy Club, PD Planned Development No. 27 of the Town of Trophy Club, Texas (referred to as the “Development”); and WHEREAS, On or about May, 2007, Trophy Club and Centurion entered into the Highlands At Trophy Club Development and Public Improvement District Agreement (hereinafter “Development Agreement”) setting forth the terms of cost participation for the Project in consideration for Trophy Club’s agreement to finance certain public improvements through the issuance of bonds pursuant to that Development Agreement; 33 WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE specifically authorizes municipalities and developers to contract for the construction of public improvements related to a private development; and WHEREAS, the provisions of this Agreement fully comply with the requirements of Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE; and WHEREAS, Centurion as the owner and developer of the Highlands at Trophy Club desires to participate in this Project with Trophy Club, and finds and determines that the extension of the public roadway through the Property for the purpose of connecting with Highway 377 mitigates traffic impact from the Development, is beneficial to the Development, and improves its marketability; therefore Centurion desires to enter into this development agreement as authorized by Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE; and WHEREAS, the proposed Project will benefit all citizens of Trophy Club and will benefit Centurion by improving traffic flow and access to the Development; and WHEREAS, the Parties have agreed to the proposed Project and desire to set forth herein their respective responsibilities, obligations and rights relative to the construction and funding of the Project. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements contained herein do mutually agree and understand as follows: SECTION 1. INCORPORATION OF RECITALS / RIGHT OF WAY 1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. 1.02 Centurion / Right of Way and Access. Centurion is the owner and developer of the Property. Centurion represents that it has authority to enter into this Agreement. Further, Centurion covenants that no other persons or entities holding legal or equitable interest in the Property are necessary parties to this Agreement. As a condition precedent to Trophy Club’s obligation to publicly bid the contract for construction of the Project, Centurion shall take all necessary actions to dedicate right of way and easements on the Property which are required for the construction of the Project to Trophy Club and any other jurisdiction within which the Property is located and for which such dedication is necessary for the construction of the Project. Further, Centurion shall obtain and provide all right of access necessary to allow the Project to be constructed. 34 1.03 Trophy Club / Right of Way and Access. Trophy Club shall serve as Project Manager in accordance with the terms of this Agreement. Trophy Club shall take all appropriate actions necessary to obtain from third parties that right of way, if any, which is within Trophy Club’s territorial boundaries but outside the boundaries of the Property and which is necessary for construction of the Project. SECTION 2 CONSTRUCTION OF IMPROVEMENTS 2.01 Project Management. Trophy Club shall act as Project Manager for the construction of the Project and shall administer and oversee all contracts and construction work for the Project. Trophy Club has entered into an interlocal cooperation agreement with Denton County, Northwest Independent School District (hereinafter “NISD”), and the City of Roanoke (hereinafter “Roanoke”) for construction and funding of the Project (hereinafter “Interlocal Agreement”). Under the Interlocal Agreement, Trophy Club will coordinate with Roanoke for all portions of the project located within the territorial limits of Roanoke in order to obtain appropriate inspections and final approval and acceptance of the portion of the Project located within Roanoke. The contractor(s) for the Project (hereinafter “Third Party Contractor”) shall be selected through the competitive bid process as authorized by state law and administered by Trophy Club. The contract for construction of Project shall be let in the name of the Town of Trophy Club with approval of the Trophy Club Town Council being required for approval and award of the contract for the Project. 2.02 Plans and Specifications. Centurion shall prepare plans and specifications for the Project (hereinafter “Project Plans”) and submit them to the Parties for approval within thirty (30) days of execution of this Agreement. The Project Plans shall comply with all requirements of the Town of Trophy Club Design Standards and Construction Specifications, dated March, 2005, a copy of which is incorporated herein by reference (hereinafter “Design Standards”). Trophy Club shall return all comments within thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans. If Trophy Club fails to provide comments prior to the expiration of such applicable thirty (30) day period, the Project Plans and/or applicable amendments thereto shall be deemed approved by Trophy Club. The Parties agree that Trophy Club’s Engineer shall be responsible for final approval of the Project Plans for that portion of the Project located within the territorial boundaries of Trophy Club and that the Project Plans shall not be released for use until such time as the Trophy Club Engineer provides such approval and Trophy Club’s Town Manager has provided his written approval of those Project Plans. The Trophy Club Engineer and Town Manager shall have thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans to either approve or deny that portion of the Project Plans located within the territorial 35 boundaries of Trophy Club. Centurion understands that pursuant to the Interlocal Agreement, Roanoke’s Engineer shall be responsible for final approval of the Project Plans for that portion of the Project located within the territorial boundaries of Roanoke and that the Project Plans shall not be released for use until such time as the Roanoke Engineer provides such approval and Roanoke’s City Manager has provided his written approval of those Project Plans. Centurion further understands that the Roanoke Engineer and City Manager shall have thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans to either approve or deny that portion of the Project Plans located within the territorial boundaries of Roanoke. Centurion agrees to release and hold harmless Trophy Club from any and all damages, regardless of the nature of those damages, due to, related to, caused by or arising out of delays caused by the action or inaction of Roanoke in reviewing and/or approving Project Plans, including without limitation, revisions and/or amendments to the Project Plans, inspections of work, or issuance of final acceptance of the portion of the Project located within the territorial boundaries of Roanoke. SECTION 3 COST PARTICIPATION 3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act as the paying agent for the Parties. Cost participation shall be in accordance with the terms of this Section. Trophy Club shall establish an account designated and used exclusively as the repository for funds for the Project (hereinafter “Construction Fund”). Within fifteen (15) days after the award of a contract for the construction of the Project, each of the Parties shall deposit their respective share of the costs of the Project into the Construction Fund. 3.02 Cost Sharing. Costs of the Project shall be divided among Trophy Club, and Centurion in the same proportion as the amount contributed by each Party bears to the total estimated cost of the Project, as such proportion is specifically identified in Exhibit “C”, a copy of which is attached hereto and incorporated herein (hereinafter “Proportionate Share”). 3.03 Trophy Club. In performance of this Agreement, Trophy Club, as evidenced by the signature of its representative below, affirms that the governing body of Trophy Club approves of the expenditure of Trophy Club funds to participate in the funding of the Project in an amount not to exceed Six Hundred Eighty One Thousand Three Hundred Ninety Seven and 24/100 Dollars ($681,397.24) for the Project Trophy Club’s Financial Officer has certified as part of this Agreement that Trophy Club has such sum in its budget to be expended for this Project. 3.04 Centurion. In consideration of services provided hereunder by Trophy Club, Centurion, as evidenced by the signature of its representative below, affirms that 36 it shall contribute an amount not to exceed One Million One Hundred Sixty Three Thousand Eight Hundred Forty Eight And 30/100 Dollars ($1,163,848.30) for the Project. Centurion’s Financial Officer has certified as part of this Agreement that Centurion has cash and credit sufficient for Centurion to fund its share of the costs of the Project in accordance with this Agreement. 3.05 Cost Overruns / Construction Fund Excess. In the event that the combined estimated cost of the portions of the Project to be paid by Trophy Club and to be paid by Centurion, which is One Million One Hundred Sixty Three Thousand Eight Hundred Forty Eight And 29/100 Dollars ($1,163,848.29), is more than the combined actual cost of the Project to be paid by Trophy Club and to be paid by Centurion, then Trophy Club and Centurion shall each receive a refund of the amount provided for hereunder that exceeds each entity’s amount paid, in the same proportion as the amount contributed bears to the total combined estimated cost of the Project to be paid by Trophy Club and to be paid by Centurion. In the event that the actual cost of the Project exceeds the estimated cost of the Project stated herein, then Trophy Club and Centurion shall each pay its Proportionate Share of the actual cost of the Project. 3.06 Cost Sharing Roughly Proportionate. Construction of the Project pursuant to this Agreement and the approved plans shall satisfy all obligations of Centurion and Trophy Club with regard to the requirements of Section 212.904 of the Texas Local Government Code, as same was recently amended by the Texas Legislature. Trophy Club and Centurion agree that the construction of the Project and associated costs born by the parties to this Agreement are roughly proportionate to the benefits to be derived by Centurion under this Agreement. Trophy Club and Centurion agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1974), and its progeny; under Section 212.904 of the Texas Local Government Code, as amended; and under any other requirements of a nexus between development conditions and the projected impact of the terms of this Agreement. SECTION 4 MISCELLANEOUS 37 4.01 Term. This Agreement shall become effective upon approval by each of the Parties hereto and upon execution by each of their respective authorized representatives, and shall remain in effect for a term of two (2) years, unless earlier terminated as provided herein. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above and other good and valuable consideration paid and services received pursuant to this Agreement. 4.03 Termination And Release. Anything contained herein to the contrary notwithstanding, upon satisfactory completion by the Third Party Contractor and final acceptance of the Project by Trophy Club, payment by Centurion and final payment by Trophy Club, as Paying Agent, of the costs identified in this agreement with the Third Party Contractor for the Project, this Agreement shall terminate. 4.04 Nonwaiver. All rights, remedies and privileges permitted or available to either party under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the either party in the enforcement of any such right, remedy or privilege against the other party, shall not constitute a waiver of such right, remedy or privilege by the forbearing party. A default by either party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting party. 4.05 Amendment. This Agreement may not be amended or modified unless such amendment or modification is in writing and signed by an authorized representative of each of the Parties hereto. Additionally, any such amendment or modification signed by Trophy Club shall only be valid if done pursuant to the vote of the governing body of Trophy Club authorizing the amendment or modification. 4.06 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. 38 4.07 Notices. Written notice shall be deemed effective as of the date of posting with the United States mail service. All notices hereunder shall be given in writing by certified mail, postage prepaid, at the following addresses: Trophy Club: Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attention: Brandon Emmons, Town Manager Centurion: Centurion American Development Group Attn:Mehrdad Moayedi 3901 West Airport Freeway, Suite 200 Bedford, TX 76021 4.08 Applicable Law / Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas. Venue for any action to enforce or construe this Agreement shall lie in Denton County, Texas. 4.09 Severability. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the Parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 4.10 Relationship of Parties. The Parties intend that Trophy Club and Centurion in performing their obligations hereunder, shall act as independent parties and shall each have control of their respective obligations and the manner in which its respective obligations are performed. Neither Trophy Club. Centurion, nor their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of one or more of the Parties hereto, shall be considered an agent or employee of any other Party hereto. Each of the Parties agrees to and accepts full responsibility for the acts, negligence and/or omissions of their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of such Party. 39 4.11 No Third Party Beneficiary. This Agreement is not intended to affect or create any additional rights or obligations on the part of third parties. 4.12 Construction of Document. This Agreement is a negotiated document and shall be deemed drafted equally by each of the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 4.13 Force Majeure. None of the Parties hereto shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of such Party and which by the exercise of due diligence such Party is unable, wholly or in part, to prevent or overcome. EXECUTED as of the ______ day of ________________________, 2008. TOWN OF TROPHY CLUB, TX By:_____________________________ C. Nick Sanders, Mayor ATTEST: ____________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: _____________________________ Patricia A. Adams, Town Attorney By:_____________________________ Centurion Acquisitions, LP _____________________________ Attorney’s for Centurion Acquisitions, LP 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to ratify the Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. EXPLANATION: This item was approved at the May 19th Council meeting. A complete final copy with all exhibits is included as backup for this item. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1.Interlocal Agreement 58 DEVELOPMENT AGREEMENT by and between THE TOWN OF TROPHY CLUB, TEXAS THE CITY OF ROANOKE, TEXAS, DENTON COUNTY, TEXAS, and NORTHWEST INDEPENDENT SCHOOL DISTRICT FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST PARKWAY PROPOSED CONNECTOR ROAD STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THIS DEVELOPMENT AGREEMENT, is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation (hereinafter "Trophy Club"), the CITY OF ROANOKE, TEXAS, a general law municipality (hereinafter “Roanoke”), DENTON COUNTY, TEXAS a political subdivision of the State of Texas (hereinafter “County”), NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas independent school district (hereinafter “NISD”). Trophy Club, Roanoke, NISD, and County shall be collectively referred to as “Parties” or individually as “Party.” WHEREAS, this Development Agreement ("Agreement") is for the purpose of providing funding and construction services for the construction of certain road and utility improvements to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke, to connect at its intersection with Highway 377, as described in Exhibit “A,” hereinafter referred to as the "Project." WHEREAS, CENTURION ACQUISITIONS, LP, a Texas Limited Partnership, (hereinafter “Centurion”) is the owner of real property located in the Town of Trophy Club and the City of Roanoke and zoned for single family residential uses, as described in Exhibit B attached to this Agreement (the "Property"); and 59 WHEREAS, Centurion is developing a residential subdivision upon the Property which is known as the Highlands at Trophy Club, PD Planned Development No. 27 of the Town of Trophy Club, Texas (hereinafter the “Development”); and WHEREAS, Trophy Club and Centurion have entered into a separate Funding and Development Agreement wherein Centurion has agreed to pay for a portion of the Project in consideration for Trophy Club providing various services and funding (hereinafter “Funding and Development Agreement”); and WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE specifically authorizes municipalities and developers to contract for the construction of public improvements related to a private development; and WHEREAS, the Parties desire to jointly fund construction of the Project in accordance with the terms of this Agreement and the Funding and Development Agreement and desire to memorialize certain agreements regarding the administration of the construction process for the Project, and WHEREAS, the Parties mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act (the “Act”), which authorizes Texas local governments to contract with one or more other local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Pursuant to Texas Government Code, §§ 791.011, 791.028 and 791.032, the Parties agree that the purpose of this Agreement is to ensure that certain governmental functions and services for the Project related to streets, roads and drainage are performed; and WHEREAS, the Parties intend to enter into such interlocal agreements and development agreements as necessary for the funding and construction of the Project, with contributions to the cost of the Project to be made by the Parties in accordance with the terms of this Agreement; and WHEREAS, Texas Transportation Code §251.012 authorizes the County to provide County funding to finance the construction of a street in the County that is located within a municipality and for which the construction work is done by a municipality with the approval of the governing body of the subject municipality; and WHEREAS, the proposed Project will benefit all citizens of Trophy Club and Roanoke and will likewise benefit NISD and County by improving traffic flow and access; and WHEREAS, a portion of the Project is located adjacent to a future NISD school site and will provide access to said school; and 60 WHEREAS, the Parties have agreed to the proposed Project and desire to set forth herein their respective responsibilities, obligations and rights relative to the construction and funding of the Project. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements contained herein, do mutually agree and understand as follows: SECTION 1 INCORPORATION 1.02 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. SECTION 2 CONSTRUCTION OF IMPROVEMENTS 2.01 Right of Way. Trophy Club and Roanoke shall each take all appropriate actions to obtain the necessary right of way for the construction of the Project within their respective territorial boundaries. All necessary right of access should be obtained prior to the public bidding of the construction contract for the Project by Trophy Club. However, in the event that all necessary right of way is not obtained prior to the approval of the Project Plans by all Parties as set forth in Section 2.03, Trophy Club shall solicit bids for the Project and such bid shall be structured for phasing of the Project. All Parties shall provide the right of access necessary to allow the Project to be constructed. In the event that the necessary right of way is not secured prior to the bidding of the Project, all Parties shall commence with actions necessary to acquire the necessary right of access within one hundred and eighty (180) days of the effective date of this Agreement, as specified in Section 4.01. As a condition to NISD's contribution of funds under this Agreement, Trophy Club and NISD shall amend the Subdivider's Agreement with NISD in order to set forth the conditions under which a temporary certificate of occupancy will be issued to NISD's future school in the event that the portion of the Project adjacent to NISD's future school is not fully completed prior to the date for opening of the school. 2.02 Project Management. Trophy Club shall act as Project Manager for the construction of the Project and shall administer and oversee all contracts and construction work for the Project. Trophy Club shall coordinate with Roanoke for all portions of the Project located within the territorial boundaries of Roanoke in order to obtain appropriate inspections and final approval and acceptance of the portion of the Project located within Roanoke, in accordance with the terms of this Agreement. The contractor(s) for the Project (hereinafter “Third Party Contractor”) shall be selected through the competitive bid process as authorized by state law and administered by Trophy Club. The bid pricing shall be submitted to the Parties for approval prior to selection of the Third Party Contractor and 61 award of contract for the Project (hereinafter the “Construction Contract”). The contracts for construction of Project shall be let in the name of the Town of Trophy Club with approval of the Trophy Club Town Council being required for approval and award of the contract for the Project. All change orders for the Project shall be approved by Trophy Club, Roanoke, and NISD prior to such change order taking effect and becoming a part of the Construction Contract. Change orders which do not change the contributions amounts of Trophy Club, Roanoke, and NISD, as specified in Sections 3.03 to 3.05 of this Agreement, may be approved administratively by the Trophy Club Town Manager, Roanoke City Manager, and NISD Superintendent or Assistant Superintendent. Trophy Club Town Manager, Roanoke City Manager, and NISD Superintendent or Assistant Superintendent shall act on the change orders within seven (7) days of submission to Trophy Club, Roanoke, and NISD. Failure to act upon said change order within seven (7) days of submission shall constitute approval of the change order. Change orders which request a change in the amount of money to be paid by the Party or Parties to the Third Party Contractor shall be forwarded to the Party or Parties which it affects, and such Party or Parties shall place the change order on the agenda for the next regularly scheduled meeting of its respective governing body. Failure to take action within twenty-five (25) days of the receipt of such change order shall constitute approval of the change order. 2.03 Plans and Specifications – Review and Approval. Pursuant to the Funding and Development Agreement, Trophy Club shall obtain plans and specifications for the Project prepared by Centurion (hereinafter “Project Plans”) and submit the Project Plans to the Parties for approval within seventy-five (75) days of execution of this Agreement. The Project Plans shall comply with all requirements of the Town of Trophy Club Design Standards and Construction Specifications, dated March, 2005, a copy of which is incorporated herein by reference (hereinafter “Design Standards”). Trophy Club shall return all comments within thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans. The Parties agree that Trophy Club’s Engineer shall be responsible for final approval of the Project Plans for that portion of the Project located within the territorial boundaries of Trophy Club and that the Project Plans shall not be released for use until such time as the Trophy Club Engineer and Trophy Club Town Manager have provided their written approval of those Project Plans. The Trophy Club Engineer and Town Manager shall have thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans to either approve or deny that portion of the Project Plans located within the territorial boundaries of Trophy Club. If Trophy Club fails to provide comments and/or deny approval of the Project Plans and/or applicable amendments prior to the expiration of the applicable thirty (30) day period, the Project Plans and/or applicable amendments thereto shall be deemed approved by Trophy Club. Further, the Parties agree that Roanoke’s Engineer shall be responsible for final approval of the Project Plans for that portion of the Project located within the 62 territorial boundaries of Roanoke and that the Project Plans shall not be released for use until such time as the Roanoke Engineer and Roanoke City Manager have provided their written approval of those Project Plans. The Roanoke Engineer and Roanoke City Manager shall have thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans to either approve or deny that portion of the Project Plans located within the territorial boundaries of Roanoke. If Roanoke fails to provide comments and/or deny approval of the Project Plans and/or applicable amendments prior to the expiration of the applicable thirty (30) day period, the Project Plans and/or applicable amendments thereto shall be deemed approved by Roanoke. 2.04 Construction Standards and Inspection. The Project shall be constructed and inspected in accordance with applicable state law and Trophy Club ordinances regulating construction and development, including without limitation the Design Standards, and the provision of a payment and performance bond in accordance with Section 2253.021 of the Texas Government Code, as amended. Roanoke agrees that the Design Standards shall be applicable to that portion of the Project located within the territorial boundaries of Roanoke. Inspection of the Public Improvements to confirm compliance with applicable requirements will be either by a third-party inspector or in-house inspector selected by Trophy Club for that portion of the Project located within Trophy Club. Inspection of the Public Improvements to confirm compliance with applicable requirements will be either by a third-party inspector or in-house inspector selected by Roanoke for that portion of the Project located within Roanoke. 2.05 Final Acceptance and Maintenance of Project. Roanoke understands and agrees that as Project Manager and as the entity contracting with the Third Party Contractor constructing the Project, Trophy Club will be required to make a determination whether final acceptance under the Construction Contract is appropriate. Trophy Club and Roanoke shall each follow their standard procedures for determining final acceptance of public infrastructure for those segments of the Project that lie within their respective territorial boundaries. Upon notification from Roanoke that Roanoke has approved final acceptance of the portion of the Project located within the territorial boundaries of Roanoke and upon determination by the Trophy Club Engineer that the Project complies with all Project Plans, the Town Engineer shall recommend that Trophy Club issue final acceptance of the Project for purposes of fulfilling its contractual obligations to the Third Party Contractor and its obligations under this Agreement as Paying Agent. The maintenance period for the entire Project shall commence on the date that Trophy Club issues appropriate final acceptance documentation under the Construction Contract to the Third Party Contractor. Trophy Club shall not issue final acceptance in phases, segments, or units. Upon completion and final acceptance of the Project, Trophy Club and Roanoke shall each be responsible for maintenance of Project improvements within their respective territorial boundaries. SECTION 3 63 COST PARTICIPATION 3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act as the paying agent for the Parties for making periodic payments and for other payment purposes under the Construction Contract. Cost participation shall be in accordance with the terms of this Paragraph. Trophy Club shall establish an account designated and used exclusively as the repository for funds for the Project (hereinafter “Construction Fund”). Within thirty (30) days after the award of a contract for the construction of the Project, each of the Parties shall deposit their respective share of the costs of the Project into the Construction Fund. Trophy Club, Roanoke, and NISD shall be entitled to accrued interest earned upon their respective share of the Construction Fund and their respective share of any other proceeds deposited in the Construction Fund. Trophy Club shall remit accrued interest earned on the Construction Fund to Roanoke and NISD on a monthly basis, and Trophy Club shall be entitled to withdraw the accrued interest on Trophy Club’s portion of the Construction Fund on a monthly basis. The respective share of any accrued interest shall be determined by contribution amounts specified in Paragraphs 3.03, 3.04, or 3.05 of this Agreement as appropriate divided by the sum total of the contribution amounts specified in Paragraphs 3.03, 3.04, and 3.05 of this Agreement. 3.02 Cost Sharing/Cost Overrun. Costs of the Project shall be divided among Trophy Club, Roanoke, and NISD in the same proportion as the amount contributed by each Party bears to the total estimated cost of the Project, as such proportion is specifically identified in Exhibit “C,” a copy of which is attached hereto and incorporated herein (hereinafter “Proportionate Share”). As more specifically described in Paragraph 3.07 below, County shall contribute a lump sum in the amount of One Million Three Hundred Thousand and No/100 dollars ($1,300,000.00) to the cost of the Project (hereinafter “County Contribution”). Centurion shall contribute a lump sum in the amount of One Million One Hundred and Sixty Three Thousand Eight Hundred and Forty Eight and 30/100 Dollars ($1,163,848.30) towards the cost of the Project (hereinafter “Centurion Contribution”), as set forth in the Funding and Development Agreement. The total estimated cost of the Project is Five Million Two Hundred Fifty Three Thousand Two Hundred and Fifteen and 18/100 Dollars ($5,253,215.18), which total includes contingencies in accordance with Exhibit “C” (hereinafter “Engineer’s Probable Cost Opinion”). The County Contribution and Centurion Contribution shall be a credit against the Proportionate Share due from Trophy Club, Roanoke, and NISD as more specifically described in Paragraph 3.08 below. Cost Overrun (defined below) shall be shared among the Parties in accordance with Paragraph 3.08 of this Agreement 3.03 Trophy Club. In performance of this Agreement, Trophy Club, as evidenced by the signature of its representative below, affirms that the governing body of Trophy Club approves of the expenditure of Trophy Club funds to participate in the funding of the Project in an amount not to exceed Seven Hundred Seventy 64 Seven Thousand One Hundred Seventeen and 35/100 Dollars ($777,117.35) for the Project, except as provided below, in order to pay Trophy Club’s portion of the Project as established by the Engineer’s Probable Cost Opinion. Trophy Club’s Financial Officer has certified as part of this Agreement that Trophy Club has the such sum in its budget to be expended for this Project. Trophy Club agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.04 Roanoke. In performance of this Agreement, Roanoke, as evidenced by the signature of its representative below, affirms that the governing body of Roanoke approves of the expenditure of Roanoke funds to participate in the funding of the Project in an amount not to exceed Five Hundred Nineteen Thousand Nine Hundred Thirty and 65/100 Dollars ($519,930.65) except as provided below, in order to pay Roanoke’s portion of the Project as established by the Engineer’s Probable Cost Opinion. Roanoke’s Financial Officer has certified as part of this Agreement that Roanoke has such sum in its budget to be expended for this Project. Roanoke agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.05 NISD. NISD, as evidenced by the signature of its representative below, affirms that the governing body of the NISD approves of the expenditure of NISD funds to participate in the funding of the Project in an amount not to exceed One Million Four Hundred Ninety Two Thousand Three Hundred Eighteen and 88/100 Dollars ($1,492,318.88) for the Project except as provided below, in order to pay NISD’s portion of the Project as established by the Engineer’s Probable Cost Opinion. NISD’s Financial Officer has certified as part of this Agreement that NISD has such sum in its budget to be expended for this Project. NISD agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.06 Approval of County Funds for Road Project within Trophy Club and Roanoke. As evidenced by the signature of the respective representatives for Trophy Club and Roanoke below, the respective governing bodies of Trophy Club and Roanoke each have approved the expenditure of County money to participate in the funding of the Project in an amount of One Million Three Hundred Thousand and No/100 dollars ($1,300,000.00). 3.07 County. County agrees to tender payment to Trophy Club as Paying Agent in the amount of One Million Three Hundred Thousand and No/100 dollars ($1,300,000.00) for its portion of the funding of the Project (hereinafter “County Contribution”). Upon receipt of the County Contribution, Trophy Club shall deposit the County Contribution into the Construction Fund. As evidenced by the signature of its representative below, County represents and warrants that its funding source is approved by the Denton County Commissioner’s Court. County’s Financial Officer has certified as part of this Agreement that County has such sum in its budget to be expended for this Project. 65 3.08 Application of County Contribution / Construction Fund Excess / Cost Overrun. The County Contribution shall be applied as a credit against the Proportionate share of funding provided by Trophy Club, Roanoke, and NISD in proportion to their Proportionate Shares. Additionally, accrued interest on the County Contribution deposited in the Construction Fund shall be distributed proportionately and in accordance with Paragraph 3.01. In the event that the Engineer’s Probable Cost Opinion for the Project is more than the actual cost of the Project, then Trophy Club, Roanoke, and NISD shall each receive a refund based upon their Proportionate Share of the Project. In the event that the Engineer’s Probable Cost Opinion for the Project is less than the actual cost of the Project awarded in the Construction Contract (“Cost Overrun”), and to the extent allowed by law, Trophy Club, Roanoke, and NISD shall each pay its Proportionate Share of such Cost Overrun. SECTION 4 MISCELLANEOUS 4.01 Term. This Agreement shall become effective upon approval by each of the respective governing bodies of Trophy Club, Roanoke, NISD, and County and upon execution by each of their respective authorized representatives. The Parties recognize that the Project to be constructed hereunder is a capital improvement project; therefore, this Agreement shall remain in effect for an initial term of one (1) year after execution by all Parties (hereinafter “Initial Term”). Upon the expiration of the Initial Term, this Agreement shall automatically renew for one (1) additional term of one year (1) unless terminated by written notice provided to all Parties at least sixty (60) days prior to the expiration of the Initial Term. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the agreements of the Parties set forth above and other good and valuable consideration paid and services received pursuant to this Agreement. Each of the Parties hereto paying for the performance of governmental functions or services shall make such payments only from current revenues legally available to the paying party. Each of the Parties further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. 4.03 Termination And Release. Anything contained herein to the contrary notwithstanding, upon satisfactory completion by the Third Party Contractor and final acceptance of the Project by Trophy Club and Roanoke, and further, upon final payment to Third Party Contractor for the Project by Trophy Club, as Paying Agent, this Agreement shall automatically terminate without further action being required of the Parties. 66 4.04 Non Waiver. All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and the election by a Party of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege for that Party. Additionally, one instance of forbearance by the any party in the enforcement of any such right, remedy or privilege against another Party, shall not constitute a waiver of any other or such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. 4.05 Amendment. This Agreement may not be amended or modified unless such amendment or modification is in writing and signed by an authorized representative of each of the Parties hereto. Additionally, any such amendment or modification signed by the Parties shall only be valid if done pursuant to the vote of the respective governing body of each Party authorizing such amendment or modification to this Agreement. 4.06 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Parties hereto. 4.07 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually approved in accordance with Paragraph 4.05 herein. 4.14 Notices. Written notice shall be deemed effective as of the date of posting with the United States mail service. All notices hereunder shall be given in writing by certified mail, postage prepaid, return receipt requested, at the following addresses for each Party: Trophy Club: Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attention: Brandon Emmons, Town Manager Roanoke: City of Roanoke 108 S. Oak Street Roanoke, Texas 76262 Attention: Jimmy Stathatos, City Manager 67 NISD: Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76177 Attention: Dennis McCreary, Assistant Superintendent County: Denton County, Texas c/o Denton County Judge Courthouse on the Square 110 W. Hickory Street, 2nd Floor Denton, Texas, 76201 Attention: Honorable Andy Eads With copy to: Denton County District Attorney’s Office Attention: Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 4.15 Applicable Law / Venue. This Agreement is entered into under and made pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas. Exclusive venue for any action to enforce or construe this Agreement shall lie in Denton County, Texas. 4.16 Immunity. The fact that the Parties individually and/or collectively accept certain responsibilities relating to Project under this Agreement as part of their responsibility for providing the public infrastructure set forth in this Agreement makes it imperative that the performance of the obligations imposed under this Agreement be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither Trophy Club, Roanoke, NISD or County waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 4.17 Severability. In the event that any portion of this Agreement shall be found by a court of competent jurisdiction to be contrary to law, it is the intent of the Parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the extent possible. 4.18 Relationship of Parties. The Parties intend that Trophy Club, Roanoke, NISD and County, in performing their obligations hereunder, shall act as independent 68 parties and shall each have control of their respective obligations and the manner in which its obligations are performed. Neither Trophy Club, Roanoke, NISD or County, or their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of one or more of the Parties hereto, shall be considered an agent or employee of any other Party hereto. Each of the Parties agrees to and accepts full responsibility for the acts, negligence and/or omissions of their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of such Party. 4.19 No Third Party Beneficiary. This Agreement is not intended to effect or create any additional rights or obligations on the part of third parties who are not a signatory to this Agreement. 4.20 Construction of Document. This Agreement is a negotiated document and shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 4.21 Force Majeure. None of the Parties hereto shall be required to perform any term, condition, or covenant in this Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of such Party and which by the exercise of due diligence such Party is unable, wholly or in part, to prevent or overcome. 4.22 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED as of the ______ day of ________________________, 2008. TOWN OF TROPHY CLUB, TX By:_____________________________ C. Nick Sanders, Mayor ATTEST: ____________________________ Lisa Hennek, Town Secretary 69 APPROVED AS TO FORM: _____________________________ Patricia A. Adams, Town Attorney 70 EXECUTED as of the ______ day of ________________________, 2008. CITY OF ROANOKE, TX By:_____________________________ Carl E. Gierisch, Jr., Mayor ATTEST: ____________________________ Kim Barnes, City Secretary APPROVED AS TO FORM: _____________________________ Jeff Moore, City Attorney 71 EXECUTED as of the ______ day of ________________________, 2008. DENTON COUNTY, TX By:_____________________________ Denton County Commissioner, Andy Eads ATTEST: ____________________________ County Clerk APPROVED AS TO FORM: _____________________________ County Attorney 72 EXECUTED as of the _____ day of ____________________, 2008. NORTHWEST INDEPENDENT SCHOOL DISTRICT By:________________________ ATTEST: ____________________________ Title: ___________________ APPROVED AS TO FORM: _____________________________ NISD Attorney 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 a COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discussion and take appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Trophy Club PID (I&S), and designating Sakura Moten-Dedrick, Finance Director as the Liaison. EXPLANATION: This is an annual agreement (Oct 2008 - Sep 2009) under which Denton County serves as the tax assessor and collector for the Town of Trophy Club, Trophy Club PID Emergency Services (O&M), and Trophy Club PID (I&S). While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achieved by Denton County. This agreement is substantially the same as it has been for several years, with the exception of the increase in fee, which is as follows: 2006 2007 2008 Mail Tax Statement $.67 $.73 $.73 Mail Tax Statement (2nd Notice) $.44 $.44 $.73 Mail Delinquent Tax Statement (Sec. 33.11) $.67 $.73 $.73 Mail Delinquent Tax Statement (Sec. 33.07) $.67 $.73 $.73 *All Other Fees Remain Unchanged The Town Council previously approved both the Town of Trophy Club, and Trophy Club PID Emergency Services (O&M) contracts on at our last session on 05/16/08. The Trophy Club PID (I&S) contract was approved on 04/07/08; however, staff was recently made aware by Denton County that this initial contract was only intended to serve as a draft copy, with the final to follow. Attached is the final Trophy Club PID (I&S) collection contract with all County updates. RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (smd) Attachments: 1. 2008 Interlocal Agreement For Property Tax Collection (PID I&S) 91 INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION THIS AGREEMENT is made and entered into this _____________________ day of ____________________ 2008, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and TROPHY CLUB PID, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "DISTRICT." WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24; and WHEREAS, DISTRICT has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date of this Agreement shall be the 1st day of October, 2008. The term of this Agreement shall be for a period of one year, from October 1, 2008, to and through September 30, 2009. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the initial term of the Agreement. 92 II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for DISTRICT to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as tax assessor-collector for DISTRICT for assessment collection for tax year 2008, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary assessment collecting duties for DISTRICT and DISTRICT does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for DISTRICT. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all tax statements; provide monthly collection reports to DISTRICT; prepare tax certificates; develop and maintain both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to DISTRICT, and to promptly furnish written reports to keep DISTRICT informed of all financial information affecting it. 93 4. DISTRICT agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the collection of assessments, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 5. COUNTY agrees to allow an audit of the assessment collection records of DISTRICT in COUNTY’S possession during normal working hours with at least 48 hours advance, written notice to COUNTY. The expense of any and all such audits shall be paid by DISTRICT. A copy of any and all such audits shall be furnished to COUNTY. 6. If required by DISTRICT, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to DISTRICT and in an amount determined by the governing body of DISTRICT. The premium for any such bond shall be borne solely by DISTRICT. 7. COUNTY agrees that it will place quarter-page advertisements in newspapers serving Denton County in January, 2009, as a reminder that delinquent penalties will apply to all assessments which are not paid by January 31, 2009. The advertisements will be printed two times in each paper between January 5th and January 25th. 8. COUNTY agrees that it will post to a secure website collection reports for DISTRICT listing current assessments, delinquent assessments, and penalties and interest on a daily basis between October 1, 2008 and March 31, 2008 and on a weekly basis between April 1, 2008 and September 30, 2008; provide monthly Maintenance 94 and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 9. DISTRICT retains its right to select its own delinquent assessment collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by DISTRICT in the collection of delinquent taxes and related activities. III. COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and DISTRICT. IV. It is understood and agreed between COUNTY and DISTRICT that the DISTRICT, in performing its obligations hereunder, is acting independently, and the COUNTY assumes no responsibility or liabilities in connection therewith to third parties. It is further understood and agreed between COUNTY and DISTRICT that the COUNTY, in performing its obligations hereunder, is acting independently, and the 95 DISTRICT assumes no responsibilities in connection therewith to third parties. Nothing in this AGREEMENT is intended to benefit any third party beneficiary. DISTRICT agrees that it will protect, defend, indemnify, and hold harmless COUNTY and all of its officers, agents, and employees from and against all claims, demands, causes of action, damages, judgments, losses and expenses, including attorney’s fees, of whatsoever nature, character, or description that any person or entity has or may have arising from or on account of any injuries or damages received or sustained by person, persons, or property, on account of or arising out of, or in connection with the performance of the services, including without limiting the generality of the foregoing, any negligent act or omission of the DISTRICT or any employee, officer, agent, subcontractor, servant, invitee, or assignee of the DISTRICT in the execution or performance of this AGREEMENT. This provision shall survive the termination of this AGREEMENT. V. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to assessment service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. VI. DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with DISTRICT to the extent allowed by law. 96 VII. DISTRICT understands and agrees that DISTRICT, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of DISTRICT. VIII. For the services rendered during the 2008-2009 tax year, DISTRICT agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed on or about October 20th or as soon thereafter as practical. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement, but a minimum fee per year for the October mailing will be $500.00. If DISTRICT does not provide the assessment roll on or before September 29, 2008, COUNTY will charge a $5,000.00 late processing fee, plus the per statement fee not to exceed Seventy-three Cents ($.73) each. The assessment roll is to be in the form of a flat ASCII file and delivered to both the Tax Assessor/Collector and to the Tax Assessor/Collector’s software provider, delivery may be by CD, or FTP. 2. All assessments become due on receipt of the tax statement each year. 3. All unpaid assessments become delinquent on February 1st of the year following the tax year. Penalty and interest fees accrue at the same rate and time 97 schedule as the same year’s ad valorem property tax. (Tax Code, Section 31.02(a), and 33.01(a)) 4. Delinquent assessment collection attorneys become involved at the same times as do the delinquent ad valorem property tax attorneys. (Tax Code, Sections 6.30, 33.07, 33.08, 33.11, and 33.48) 5. An additional notice will be sent during the month of March following the initial mailing provided that DISTRICT has requested such a notice on or before February 28th. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement. 6. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per delinquent statement. 7. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, a delinquent assessment statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per delinquent statement. 8. In event of a successful challenge to the assessments taking place after tax bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY a programming charge of $5,000.00. Additionally, a processing fee for preparing and mailing will be a rate not to exceed Seventy-three Cents ($.73) per corrected statement, to comply with Property Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax Code Section 26.07 (g), a $.25 processing fee per check will 98 be charged, in addition to the corrected statement mailing costs. If issuance of refunds is required, it will be the responsibility of the COUNTY. DISTRICT will be billed for the refunds, first-class postage and the processing fees. 9. DISTRICT understands and agrees that COUNTY will bill DISTRICT following each mailing for which charges are permitted. Payment is due upon receipt of the statement. 10. DISTRICT further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to DISTRICT for any renewal year of this Agreement, provided that COUNTY gives written notice to DISTRICT sixty (60) days prior to the expiration date of the initial term of the Agreement. IX. COUNTY agrees to remit all taxes, penalties, and interest collected on DISTRICT's behalf and to deposit such funds into the DISTRICT’s depositories, as designated: 1. For deposits of assessments, penalties, and interest, payment shall be by wire transfer or by check sent by mail to DISTRICT's accounts only, and segregated into the appropriate MO and IS accounts. 2. If DISTRICT uses the same depository as COUNTY, the deposits of assessments, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that from October 1, 2008 through March 31, 2009, deposits will be made daily and from April 1, 2009, through September 30, 2009, deposits will be made weekly. For end of 99 month reporting, there will be a deposit made at the end of each month. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. X. In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. XI. This Agreement represents the entire agreement between DISTRICT and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both DISTRICT and COUNTY or those authorized to sign on behalf of those governing bodies. XII. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 DISTRICT: 100 Trophy Club PID 100 Municipal The Trophy Club, Texas 76262 Telephone: 682-831-4610 XIII. DISTRICT hereby designates _____________________ to act on behalf of DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all duties and obligations of DISTRICT as stated in this Agreement. DISTRICT’s designee shall devote sufficient time and attention to the execution of said duties on behalf of DISTRICT in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the DISTRICT employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of DISTRICT and COUNTY. XIV. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. 101 Executed in duplicate originals this, ______________day of __________________ 2008. COUNTY DISTRICT BY:___________________________ BY:__________________________ Honorable Mary Horn Name:________________________ Denton County Judge Title:_________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Name_________________________ Denton County Clerk Title__________________________ APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Steve Mossman Kim Gilles Denton County Denton County Tax Assessor/Collector Assistant District Attorney Denton County Texas 110 West Hickory Denton, Texas 76201 Trophy Club PID 100 Municipal Dr. The Trophy Club, Texas 76262 102 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. April 2008 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. April 2008 103 104 105 106 107 108 109 110 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.B.5 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 19, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (SD) Attachments: 1. May 19, 2008 111 MINUTES OF REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, May 19, 2008 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, May 19, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Susan Edstrom Mayor Pro Tem Philip Sterling Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Pam Cates Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Shannon DePrater Deputy Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Adam Adams Parks & Recreation Director Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst Mark Chambers Trophy Club Municipal Court Judge Bill Rose CRC Chairman A.1 Mayor Sanders called the Regular Session to order at 7:00 p.m. noting a quorum was present. A.2 Financial Analyst Stephanie Gohlke gave the Invocation. A.3 Finance Director Sakura Moten-Dedrick led the pledges. A.4 Citizen Presentations: No presentations were made. A.5 Town Council to discuss the Charter and to provide direction to the Charter Review Commission. Charter Review Commission Chairman Rose addressed the Council and gave a brief update on the Commission’s progress. Chairman Rose shared that the agendas will become more detailed as the Commission is now at the point where their discussions allow for more detail. 112 Mayor Pro Tem Edstrom asked for the agendas become more involved to give residents proper notification of what will be discussed at the meetings. Edstrom also asked that the Commission give consideration to different meeting times, to allow for an increase in resident participation. Council member Wilson shared she has attended a Commission meeting and told the Commission that they were doing a good job. Mayor Sanders asked Chairman Rose to try and keep commissioners on point of topic. Chairman Rose shared that he was not aware of the committee handbook until two weeks ago and the Commission is working to make sure it is in compliance with the handbook. Rose shared if citizens cannot attend a meeting, their emails are welcome. Dave Edstrom, 269 Oak Hill Drive encouraged the Town to charge the Charter Review Commission to focus on the unique history of our Town and work on issues that need to be resolved. B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, May 5, 2008. B.2 Consent Agenda: Discuss and take appropriate action regarding a Mutual Aid Fire Protection and Emergency Medical Services Agreement between the Town of Trophy Club and thirteen fellow member cities known collectively as the Northeast Fire Department Association (NEFDA). B.3 Consent Agenda: Discussion and appropriate action to approve the Interlocal Cooperation Agreement-Tax Collection between Denton County and the Town of Trophy Club and to approve the Interlocal Cooperation Agreement - Tax Collection between Denton County and Town of Trophy Club PID #1 Emerg Services, and designating Sakura Moten-Dedrick, Finance Director as the Liaison for both agreements. Council member Wilson moved to approve the consent agenda items as written. Council member Moss seconded; motion carried unanimously. C.1 Discuss and take appropriate action regarding an ordinance canvassing the returns and declaring the results of the General/Joint Election held on May 10, 2008. Mayor Pro Tem Edstrom moved to approve the ordinance canvassing the returns and declaring the results of the General/Joint Election as written. Council member Wilson seconded; motion carried unanimously. C.2 Discuss and provide input/take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway along NISD property to its intersection with Highway 377. Mayor Pro Tem Edstrom moved to approve the Interlocal Agreement between Town of Trophy Club, the City of Roanoke, NISD and Denton County for the construction of Northwest Parkway as amended in Section 2.01. Council member Moss seconded. Town Manager Emmons updated Council on the major changes made to this agreement, including: • Each governing body has twenty-one days to approve or deny a Change Order issued to amend the total contract price. If the governing body does not take action within twenty-one days, the Change Order will be automatically approved. • Change Orders that do not impact the total cost of the project may be administratively approved by the assistant school superintendent, city managers and county commissioner. • Accrued interest in the construction fund will be credited back to the entity in which earned the interest. 113 • The City of Roanoke is in the process of securing Rights of Way for this project. If the necessary ROW is not secured before the project is bid, then Roanoke has 180 days to take the necessary action to take the ROW. • Change for the Subdivider’s Agreement allowing for a temporary CO in the event that the road or high school is not completed. Motion carried unanimously. A. Discuss and provide input/take appropriate action on the development agreement between the Town and 831 Trophy L.P. and Centurion Acquisitions LP for the extension of Northwest Parkway Mayor Pro Tem Edstrom moved to approve the Development Agreement between Town of Trophy Club, 831 Trophy L.P. and Centurion Acquisitions L.P. for the extension of Northwest Parkway. Council member Sterling seconded. Town Manager Emmons shared that this was a sister agreement to the previous Interlocal agreement. Funds have already been allocated for this project. Motion carried unanimously. C.3 Discuss and take appropriate action regarding an Ordinance amending Chapter 1 entitled "Administration" by adding Article XV entitled "Indemnification of Officers" as authorized by state law and Section 3.21 of the Town Charter. Council member Moss moved to approve the ordinance providing for the Indemnification of Officers as authorized by state law and Section 3.21 of the Town Charter. Mayor Pro Tem Edstrom seconded; motion carried unanimously. C.4 Discuss and take appropriate action to approve Minutes dated, April 21, 2008. Mayor Pro Tem Edstrom moved to approve the April 21, 2008 minutes as corrected. Council member Wilson seconded; motion carried 3:0:1 with Council member Sterling abstaining. With Council member Cates absent, Mayor Sanders moved C.7 forward: C.7 Oath of Office to be administered by Municipal Court Judge, Mark Chambers and Presentation of Certificate of Election from the Mayor to Incoming Council Members. Municipal Judge Mark Chambers thanked the Council for allowing him the opportunity to swear in the new council members. Judge Chambers gave the oath to the Council members Edstrom, Sterling and Strother. Mayor Sanders gave Certificates of Election to each new Council member. Mayor Sanders moved C.6 forward: C.6 Opening remarks by Mayor Sanders to outgoing Council member and incoming Council members and comments from and to outgoing Council members. Mayor Sanders thanked Council member Cates for her years of service to our Town. Mayor Sanders expressed his appreciation to all the residents that took the time to come and vote. Sanders also shared his appreciation to all the candidates that took the time to run. Mayor Pro Tem Edstrom thanked Council member Cates for her dedication and time of service. Edstrom also thanked those that supported her with her election campaign. Council member Sterling appreciates being able to serve for two more years. Council member Strother personally thanked his wife, his team of campaign members and the citizens who gave him a chance. 114 Mayor Sanders moved to item C.5: C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitors.” Mayor Sanders identified the four areas Council needs to consider; a time limit, exemptions, how the Town might deal with a criminal history, who would be responsible for performing and paying for the background check and how will the Town would define advertisement verses solicitation. Discussion ensued regarding the Peddlers and Solicitors ordinance. Council asked Staff to come back with an ordinance with the following points: • Permit fees and a valid period; exemptions to Permit Fees • Criminal History Background, including who is responsible for performing the check and payment, exemptions to Criminal History Backgrounds • Time limit to be 9:00 a.m. until sunset, Monday through Saturday, to include the following Holidays: o New Years Eve o New Years Day o Fourth of July o Memorial Day o Labor Day o Thanksgiving o Christmas Eve o Christmas Day • Possibly strike Section 4.05 Child Solicitations because of school fund raisers • Encompass surrounding Private and Public Schools No action taken, input only. C.8 Discuss and take appropriate action regarding an amendment to Chapter 5 entitled "General Land Use", Article IV entitled "Sign Regulations" of the Code of Ordinances to amend various sections to prohibit the use of changeable electronic variable message signs and electronic message boards on billboards with the Town limits and ETJ and to enact related regulations. Mayor Tem Edstrom moved to approve the amendment to Chapter 5. Council member Wilson seconded; motion carried unanimously. C.9 Discuss and take appropriate action regarding the continued service of the current Council member liaison to EDC-4B, and adopting a Resolution amending Resolution No. 2007-21 to designate a new Council member liaison to EDC-4B. Mayor Tem Edstrom moved to approve the Resolution designating Council member Strother as liaison to EDC 4B. Council member Sterling seconded; motion carried unanimously. C.10 Discuss and take appropriate action to designate a Voting Representative to North Central Texas Council of Governments' General Assembly. Mayor Pro Tem Edstrom moved to designate Mayor Nick Sanders as a voting representative. Council member Wilson seconded; motion carried unanimously. C.11 Items for Future Agenda. No items were added. C.12 Reports. (a) Town Manager Emmons gave his report. (b) There was no EDC 4A report given. 115 (c) Council member Strother gave an EDC 4B report. (d) Parks and Recreation Director Adam Adams gave his report. C.13 Adjourn. Council member Sterling moved to adjourn at 9:10 p.m. Council member Wilson seconded; motion carried unanimously. ___________________________________ ______________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 116 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.1 Discuss and take appropriate action to award a contract for janitorial services for Trophy Club and MUD offices and authorizing the Mayor or his designee to execute necessary contract documents. EXPLANATION: The Town & MUD currently utilize R&J Enterprises at approximately $1018 per month ($12222 annually) for janitorial services and has been doing so for several years. A total of $12,614 is budgeted in the current year by both entities ($4002 Police, $4306 Town, $4002 MUD). Due to quality, control and performance satisfaction issues, management recently tasked staff with finding a new vendor. Staff created a Janitorial Selection Committee to submit a RFP, and it incorporated the following: Schedule RFP Released April 18, 2008 Notice To Bidders Published April 18 & 25, 2008 Mandatory Bid Conference (10:00 A.M) May 1, 2008 Proposal Submission Deadline (3:00 P.M.) May 16, 2008 Proposal Opening (3:15 P.M.) May 16, 2008 Oral Presentations (If Needed) May 19-23, 2008* Recommendation to Governing Bodies -- Town Council June 2, 2008 -- Master District June 12, 2008 Selected Bidder Notified June 13, 2008* Contract Execution June 20, 2008* *Indicates Tentative Dates Evaluation Criteria Price 50% Operational Plan (Use Of Personnel & Equipment) 30% Experience & References 20% TOTAL 100% The decision will also include, but in no specific order of priority: -- Reference Checks -- Past Service Record With The Town (If Any) 117 A total of seven (7) proposals were submitted, and the Janitorial Selection Committee narrowed down their selection to one (1) primary and one (1) alternate. After careful consideration, clarification on several follow-up questions, and the contacting of past and present references, the Janitorial Committee chose the alternate vendor, Member’s Building Maintenance, LTD. The Janitorial Committee has chosen to implement a monthly “all supplies and materials supplied by bidder” cost option of $1056, totaling $12672. Upon approval by both the Town Council and Master District Board (Jun 12), the selected bidder will be formally notified and a contract executed. RECOMMENDATION: The Janitorial Selection Committee recommends vendor/contract approval. ACTION BY COUNCIL: (smd) Attachments: 1. Recommended Vendor Work Proposal 2. Recommended Vendor Cost Proposal 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding an Ordinance repealing Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Ordinance prescribing regulations for Peddlers and Solicitors operating within the Town. EXPLANATION: The Town’s current Peddlers and Solicitors Ordinance, codified in Chapter 10, Article IV of the Code of Ordinances was briefly discussed at the April 21, 2008 Council meeting and the May 19, 2008 Council meeting. Topics identified for further discussion at the previous meetings included time/day restrictions, increased fees and permitting requirements, and an immediate response complaint contact number for resident reporting of violations. A draft with language changes for the new ordinance has been reviewed by the Public Safety Committee and has been recommended to the Town Council for approval. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Insert from May 19, 2008 Minutes 2. Draft Ordinance will be provided under separate cover. 164 Insert from May 19, 2008 Minutes C.5 Discuss and provide direction to Staff regarding an Ordinance amending Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, Article IV entitled "Peddlers and Solicitors.” Mayor Sanders identified the four areas Council needs to consider; a time limit, exemptions, how the Town might deal with a criminal history, who would be responsible for performing and paying for the background check and how will the Town would define advertisement verses solicitation. Discussion ensued regarding the Peddlers and Solicitors ordinance. Council asked Staff to come back with an ordinance with the following points: • Permit fees and a valid period; exemptions to Permit Fees • Criminal History Background, including who is responsible for performing the check and payment, exemptions to Criminal History Backgrounds • Time limit to be 9:00 a.m. until sunset, Monday through Saturday, to include the following • Holidays: o New Years Eve o New Years Day o Fourth of July o Memorial Day o Labor Day o Thanksgiving o Christmas Eve o Christmas Day • Possibly strike Section 4.05 Child Solicitations because of school fund raisers • Encompass surrounding Private and Public Schools No action taken, input only. 165 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding the designation of MUD Liaison(s). EXPLANATION: At their May 19, 2008 meeting, the Town Council discussed designating a MUD Liaison to attend the MUD meetings. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 166 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.4 Discuss and take appropriate action regarding the a Resolution amending Resolution No. 2007-21 to designate a Council member liaison to Parks and Recreation Board. EXPLANATION: Council member Moss has asked that this item be placed on the agenda. RECOMMENDATION: ACTION BY COUNCIL: (Council member Moss) Attachments: 1. Resolution 167 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING RESOLUTION NO. 2007-21, BY APPOINTING ONE (1) COUNCIL MEMBER TO SERVE AS A LIAISON TO THE PARKS AND RECREATION BOARD; PROVIDING THAT THE REMAINDER OF RESOLUTION NO. 2007-21 SHALL CONTINUE IN FULL FORCE AND EFFECT; AND ADOPTING A NEW RESOLUTION APPOINTING ONE (1) COUNCIL MEMBER LIAISON TO THE PARKS AND RECREATION BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town benefits by having its citizens involved in local government through service on Town Committees and Boards; and WHEREAS, since the adoption of Resolution No. 2007-21, a position for Council member Liaison has been requested for the Parks and Recreation Board; and WHEREAS, the Town Council has determined it to be appropriate to appoint a Council member to serve as the Liaison for the Parks and Recreation Board as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Section 2 of Resolution No. 2007-21 is hereby amended to reflect the appointment of a Council member to serve as the Liaison for the Parks and Recreation Board as specified below and that all other appointments made pursuant to Resolution No. 2007-21 shall be unaffected by this amendment: Parks and Recreation Board 1. Council Liaison - _____________________ Section 2. That all of the other terms an provisions of Resolution No. 2007-21 not in conflict with the terms of this Resolution shall continue in full force and effect. Section 3. That this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 2nd day of June 2008. 168 ___________________________ 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 169 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.5 Discuss and take appropriate action regarding KRLD's Drive to Vote promotion and Trophy Club participation. EXPLANATION: KRLD approached staff regarding the Town’s participation and opportunity for the Town of Trophy Club to receive positive exposure while providing a service to the residents of North Texas. This is an unbudgeted item and staff is presenting to Council for their consideration. RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Information Memorandum 2. Manager’s Office Budget 170 171 172 173 174 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.6 Discuss and take appropriate action regarding budget considerations and a future plan of action for the Lakeview creekbed ditch. EXPLANATION: Due to the long history of resident concerns regarding the condition of the Lakeview creekbed ditch, this item has been placed on the agenda for Council discussion of a plan for appropriate long term remedies to address the problems that have arisen because of the lack of compliance with the original development plan for the ditch. In the original development plan for the Lakes Subdivision, the drainage area was to be enclosed in a box culvert and covered with earth similar to other sections of the Lakeview flowage easement and similar to the proposed plan for the ditch located in Northwest Park. Since this area was taken as a grant requirement by Texas Parks and Wildlife Department for Independence Park it is part of our parks and its condition needs to be addressed. The Parks Department currently maintains the banks only. The report previously done by Teague, Nall and Perkins is included in the backup. This report shows some improvements that could be done. This item was previously requested by Councilmember Cates. RECOMMENDATION: ACTION BY COUNCIL: (Council member Wilson) Attachments: 1. Teague, Nall and Perkins- Lakes Channel Report (Feb 2006) 175 Introduction The Town of Trophy Club staff has directed Teague, Nall and Perkins to investigate the drainage channel adjacent to Lakeview Elementary School. The grassed lined channel is located on the north side of the school site. The town staff has received several complaints from its residents regarding the current condition of the channel. The intent of this report is to document the existing site conditions and to make recommendations on the future maintenance of the channel. SITE MAP Location The channel is located between Village Trail and Lakeshore Drive on the north side of Lakeview Elementary School. 176 Existing Conditions The drainage channel is approximately 1,600 lf in length. It is located on the north side of Lakeview Elementary School site. The school has soccer fields adjacent to he southern boundary of the channel. The Lakes – Phase III is located on the north side of the channel. There are two 60” RCP’s on the upstream end of the channel and two 5’ x 7’ box culverts at the outfall end of the channel. Upstream Conditions Downstream Conditions The channel is a grass-lined with side slopes varying from 3:1 to 4:1. The channel longitudinal slope is less than 0.05%, which has resulted in some ponding of water throughout the channel bottom. Existing vegetation consists of a growth of cattails long the channel bottom along with several trees ranging in size from 1” – 6” in diameter. These trees are located both in the bottom and along the sides of the channel. Two 24” RCP with concrete headwalls are located along the north side of the channel bank and one 24” RCP is located on the southern bank of the channel section. At each of these drainage locations there is heavy vegetation consisting of silt and cattails growing within the concrete headwalls. Cattails present at storm drainage system outfall 177 Also present are several subsurface drainage systems from private homes in the area These systems are connected to roof drains, deck drains, and french drains around the perimeter of the homes located adjacent to the channel. Each of these systems drains into the channel but do not present any issues related to the current condition of the channel. Private subsurface drainage systems 178 Existing channel vegetation - Cattails Existing channel vegetation - Trees Channel Issues For the majority of the channel length, the existing banks appear to show no evidence of erosion at this time. The banks appear to be very stable with a good coverage of grass present on each channel bank. The cross section of the channel bank varies in slope throughout the length of the channel. The gradient of the slope is not considered to be steep. This condition helps to establish and maintain vegetation while reducing the potential for bank erosion. One area located at the outfall of the channel has some evidence of erosion and is detailed later in this report. 179 Southern Bank – Looking East Northern Bank – Looking West Southern Bank – Adjacent to school After a thorough inspection of the channel and evaluating soil conditions and drainage patterns in the area, it was determined that there are three (3) areas where soil erosion is present. Each is detailed below with potential solutions for the Town to consider. Area “A” This area is located on the elementary school site as shown below. It is the outfall of a large drainage area consisting of grassed soccer practice fields. The soil in this area has eroded away due to poor compaction and lack of vegetation. Looking south towards school Looking north towards channel A potential solution for this area would be to import additional topsoil to fill in the eroded areas. A small amount of grade work would be required to re-establish the drainage swale in this area. Sodding or the use of a geo textile fabric with seeding would be required to re-establish the vegetation. 180 Another solution would be to import a combination of soil and rock rip-rap to stabilize the area. This solution would prevent additional erosion but would lack the aesthetic aspect that citizens typically require. Area “B” This area is located along the eastern border of the elementary school site and homes located on Lakeview Drive. This erosion is due to the presence of a private subsurface drainage system that outfalls into the channel at this location. It appears that the pipe system was installed by an adjacent homeowner and drains the rear yard. The pipe was not properly backfilled, which has resulted in erosion along the last 20’ (+/-) of the pipe system. Private subsurface drainage pipe system A potential solution for this location would be to import additional topsoil to fill in the eroded areas. Proper compaction techniques will be required to prevent additional erosion. Sodding or seeding would be required to re-establish the vegetation in this area. Area “C” The third area of concern is located approximately 100’ (+/-) from the channel outfall. The site is shown below. It appears that though a small section of the southern channel bank has experienced some type of soil erosion near the existing flow line. At this time, there is no potential threat of any type of major channel bank failure. Also, the adjacent home site is not at risk of any property damage at this time. The existing fence is located approximately 20’ away from the main body of the channel. 181 Looking West A potential solution for this area would be to import additional topsoil and regrade the eroded areas. Vegetation would need to be re-established by the use of a geo textile fabric with seeding. Sodding is not recommended due to the lack of an irrigation system in the area. Another solution would be to use rock rip-rap in the area to stabilize the channel bank. This solution would be the most effective due to the location of the erosion with respect to the flow line of the channel. Summary The overall condition of the drainage channel is considered to be in good condition. The channel banks are very stable and there is sufficient vegetation along both banks. Due to the flat slope of the channel bottom, the velocities of the storm water during heavy rainfall events would be in the low range. Velocities are estimated to be in the range of 4-5 ft/sec during a large rainfall event. This is well under the maximum velocity of 8 ft/sec as required by Town development standards. Attention to the periodic maintenance of the upstream and downstream drainage structures is needed along with the three (3) RCP’s that drain into the channel from neighboring developments north and south. Also, routine channel inspections need to be scheduled for City staff. 182 Recommendations The following is a list of recommendations to improve the drainage channel: 1.) Maintenance of both box culverts (at each end of the channel) is needed. All vegetation, including small trees, cattails, trash, etc. needs to be removed. This will improve the hydraulic function of the culverts. Routine inspection and cleaning will need to be done. 2.) Maintenance of the small RCP outfalls is also needed. All cat tails, trash, and vegetation needs to be removed from the headwall/outfall location. Routine inspection and cleaning will need to be done. 3.) There are several trees located in the main flow area of the channel. These trees appear to be catching trash and debris during rainfall events. This debris could result in the impeding and /or diverting of the flow of water in the channel bottom. The town should look at the removal of some, or all of these trees. 4.) The channel bottom has a large amount of cattails present. This type of plant is a common occurrence in channel bottoms. These cattails will slow the flow of water and will have a tendency to accumulate sediment over time. In larger rainfall events, the cattails will have a tendency to fall over with storm water flowing over the top of them. Their removal can be costly and potentially counter productive. The removal could cause additional erosion in the bottom of the channel unless vegetation is re-established. Also, unless the cattails root structure is completely removed, they will grow back within a short period of time. Some routine trimming or spraying can be an alternative to the complete removal of the cattails. 5.) Periodic trash and debris removal should be done along the entire length of the channel. Contract labor or Trophy Club personnel can accomplish this. Periodic inspections should be scheduled, particularly before spring rains, to ensure that there is no debris present in the channel that could hinder the flow of water 183 ADDITIONAL PICTURES Existing Channel Vegetation Southern Bank – Looking East (Adjacent to School) 184 North Bank – Looking West (New Retaining Wall) Bbbbbbbbbbbbbbbbbbb Standing Water in Channel 185 North Bank – Looking East (Adjacent to School) Existing Channel Vegetation 186 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.7 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Items for Future Agendas 1. Review of the Property Maintenance Ordinance. (Council member Cates) 2. Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. (Mayor Sanders - Council member Cates) 3. Discuss and receive input regarding an Ordinance amending Section 6.01(E)(4) of Article VI ”Town Council Rules of Procedure,” Chapter 1of the Code of Ordinances relating to Presentation by Citizens. (Council member Moss) 4. Discuss and receive input regarding an Ordinance amending Article II,”Traffic and Vehicles” of the Code of Ordinances relating to speed limit reduction. (Council member Moss) 5. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Council member Wilson) 6. Establish and implement a process for Hotel inspections. (Mayor Pro Tem Edstrom added on 1/21/08) 7. Review the Citizen of the Year guidelines, criteria and voting process. (Mayor Pro Tem Edstrom – 1/21/08) 8. Annual update and presentation by the Park Board. (August 4, 2008) 9. Discuss and take appropriate action regarding possible means to control the Garage Sale traffic. (Council member Cates – 4/21/08) 10. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Mayor Pro Tem Edstrom – 4/21/08) 11. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Council member Wilson – 4/21/08) 12. Readdress the speed limit and signage on Skyline Drive. (Council member Wilson – 4/21/08) 13. Discuss and take appropriate action regarding a Library Focus Group. (Council member Wilson – 4/21/08) 14. Town Council to provide direction the P & Z Commission regarding Mr. Kaler’s Ordinance ideas. (Council member Wilson – 5/5/08) 187 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.C.8 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 Manager's Report. (b) Highlands at Trophy Club Master Improvements Phase 2 report. Attachments: 1. None 188 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.D.1 Pursuant to Texas Government Code Annotated, Subchapter 551, Section 551.074(a)(1) "Personnel Matters", the Council will enter into executive session to discuss the following: A. Personnel Matters (§551.074(a)(1)): The deliberation of the appointment of a public officer: (1) Appointment of Mayor Pro Tem. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: History of Mayor Pro Tem History of Mayor Pro Tem 2007 Canvassed Appointed Susan Edstrom 5/21/2007 6/4/07 2006 Canvassed Appointed Roger Williams 5/22/2006 6/5/2006 2005 Canvassed Appointed Pam Cates 5/16/2005 5/16/2005 2004 Canvassed Appointed Scott Spence 5/24/2004 6/7/2004 2003 Canvassed Appointed Beverly Foley 5/6/2003 5/19/2003 2002 Canvassed Appointed Roger Williams 5/10/2002 5/20/2002 2001 Canvassed Appointed Susan Edstrom 5/8/2001 5/21/2001 189 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to Executive Session Item Number D1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 190 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 6-2-2008 Subject: Agenda Item No.E.1 Adjourn.