Loading...
Agenda Packet TC 05/05/2008 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, May 5, 2008 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Invocation. A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." A.4 Discuss and take appropriate action regarding a Proclamation proclaiming May 11-17, 2008 as National Police Week. A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 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. B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. January 2008 - March 3 C.1 Discuss and provide input regarding a request to privatize the streets and storm sewers in the Churchill Downs development. C.2 Discuss and provide input 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. C.3 Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the Tobacco Compliance, for the 2007- 2008 fiscal year and designating the Town Manager as the authorized official for the Town. C.4 Discuss and receive input regarding goals and objectives for Town departments. 2 C.5 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. 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 C.6 Staff to provide an update to Council regarding measures taken and plans to mitigate flooding issues within the Town; and discussion of same. C.7 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts related to the water/wastewater study. C.8 Items for Future Agenda. C.9 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) Town Council report from EDC 4A Liaison, Council member Moss. D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the annual evaluation of Town Manager, Brandon Emmons. E.1 Discuss and take appropriate action relative to Executive Session Item Number E1. E.2 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.A.3 Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.A.4 Discuss and take appropriate action regarding a Proclamation proclaiming May 11-17, 2008 as National Police Week. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (SK) Attachments: 1. Proclamation 7 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2008- May 11-17, 2008 as National Police Week WHEREAS, The Congress and President of the United States have designated May 11th – May 17th as National Police week; and WHEREAS, the members of the law enforcement agency of the Town of Trophy Club, Texas play an essential role in safeguarding the rights and freedoms of Town of Trophy Club, Texas; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the law enforcement agency of Town of Trophy Club, Texas unceasingly provide a vital public service; NOW, THEREFORE, I, Nick Sanders, Mayor of Town of Trophy Club, Texas, call upon all citizens of Town of Trophy Club, Texas and upon all patriotic, civic and educational organizations to observe the week of May 11th - 17th, 2008, as Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 5th day of May, 2008. _____________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ________________________________ Lisa Ramsey, Town Secretary Town of Trophy Club, Texas 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.A.5 Citizen Presentations: this is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council is not permitted to take action on or discuss any presentations made to the Council at this time concerning an item not listed on the agenda. The Council will hear presentations on specific agenda items prior to the Council addressing those items. 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. 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. January 2008 - March 3 EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.1 Discuss and provide input regarding a request to privatize the streets and storm sewers in the Churchill Downs development. EXPLANATION: The developer of Churchill Downs, Todd Price, wishes to change this subdivision into a private, gated community, rescinding the public dedication of the streets and storm sewers. Mr. Price wishes to create a Homeowners Association (HOA) and the HOA would be responsible for the maintenance of the private streets (Churchill Downs Lane, Derby Lane) and storm sewers. HISTORY: The property, now known as Churchill Downs, was annexed into the Town of Trophy Club on February 19, 2007 (Ordinance No. 2007-04) as R-15 Single Family District zoning. This subdivision consists of 35 single family lots, only two of which are of adequate size to conform to R-15 zoning. The remaining 33 lots are smaller and thus non-conforming to R-15 zoning. Mr. Price was advised at the time of annexation that he should rezone the property to bring the lots into compliance which would be beneficial to the future homeowners. When this property was annexed, a “Service Plan” was approved as part of the annexation, such Service Plan providing for the extension of municipal services to this property and the following maintenance: Streets: Maintenance to the street facilities will be provided by the Town upon the effective date of the annexation. Storm Water Management: Developers will provide storm water drainage at their own expense and will be inspected by the Town at the time of completion. The Town will then maintain the drainage upon approval. Mr. Price then platted the property, receiving final plat approval from the Town Council on June 18, 2007. The plat dedicated the streets, alleys and easements to the Town. The infrastructure (streets, drainage and storm sewer, sanitary sewer, water lines, signs and lights) has been built and one building permit has been issued (March 24, 2008) for this subdivision (Lot 10, Block B). Mr. Price now wishes to have a private, gated community for Churchill Downs subdivision. 11 RECOMMENDATION: If the Council wishes to allow the developer to take the streets and storm sewers private, Staff recommends that the current plat be vacated and a new “Final Plat” be brought forward, which must be signed by all Churchill Downs subdivision property owners. Staff also requests that Council require the developer to rezone the property from R-15 Single Family District, which requires lot sizes of not less than 15,000 sq. ft., to R-10 Single Family District Regulations, which require lot sizes of not less than 10,000 sq. ft. Rezoning will remove the nonconformance currently existing on 33 lots of this 35 lot subdivision. ACTION BY COUNCIL: • Approve the developer’s request to create a private, gated community with the following stipulations: o Require the developer to rezone the property to R-10 Single Family District o Vacate the existing plat o Bring forward a new “Final Plat” signed by all property owners of Churchill Downs Subdivision property, rescinding the public streets and storm sewers o Create an HOA; the HOA to be responsible for maintaining the private streets and storm sewers • Deny the developer’s request to create a private, gated community; the streets and storm sewers to remain public property belonging to and maintained by the Town. • Approval/denial with a variation of stipulations. (ch) Attachments: Churchill Downs Plat, approved June 18, 2007 12 13 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.2 Discuss and provide input 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. EXPLANATION: Section 3.21 of the Town’s Home Rule Charter authorizes Council authorizes the Town Council to adopt an ordinance providing for the indemnification of officers, employees, and volunteers of the Town. Section 3.21 specifically provides as follows: The Council may, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense, including court costs and attorneys’ fees, to the extent allowed by law, arising out of any claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntary position with the Town, or in any other case where the Town is directed or authorized by law to do so, provided however, that such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member or volunteer, or for the gross negligence or official misconduct, or willful or wrongful act or omission of such officer, employee, member or volunteer or for any criminal misconduct. A preliminary draft of the ordinance is provided for review and input from Council. ACTION BY COUNCIL: Provide input. (paa) Attachments: 1. Draft Ordinance 14 Chapter 1 of the Code of Ordinances of the Town of Trophy Club, entitled “Administration” is hereby amended to add Article XV, entitled “Indemnification of Officers”, so that Article XV shall be and read in its entirety as follows: 15.01 Need for Indemnification. A necessity exists for the Town's provision of legal defense and indemnification of Town Officers and Employees. 15.02 Definitions. “Officer or Employee” as used herein includes an officer, volunteer, or employee, a former officer, volunteer, or employee, and the estate of an officer, volunteer, or employee or former officer, volunteer, or employee of the Town of Trophy Club. The term includes a member of the Town Council, a person appointed by the Town Council to any Town position, including without limitation, a board, commission or committee or to a paid position. 15.03 Indemnification. Except as specifically provided in this Article, any Officer or Employee who is found and finally adjudged to be liable for the payment of any claim for damages arising out of the course and scope of employment with or service for the Town shall be entitled to be indemnified for such damages to the extent permitted by law, together with any reasonable and necessary legal expenses incurred by such Officer or Employee in defending such claim, provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment with or service for" shall not include any action which occurs during a period of time in which the Officer or Employee is engaged in outside employment, outside personal or political activities, or is rendering contractual services to someone other than the Town. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment with or service for the Town shall be determined by the Town Council, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the Town, upon a trial on the merits it is determined that the Officer or Employee was acting in good faith, without malicious or felonious intent and within the scope of employment with or service for the Town the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The Town reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. 15.04 Representation in Actions. The Town shall have the right and duty to provide legal representation through the Town Attorney, or in its discretion through the selection of outside legal counsel, to any Officer or Employee sued in connection with any claim for damages, other civil action, or alleged violation of civil rights with criminal sanctions, against such person arising out of the course and scope employment with or service for the Town, provided that such Officer or Employee may be entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the Officer or Employee, and any Officer or Employee may have his or her own counsel assist in the defense at the sole expense of the Officer or Employee. The Officer or Employee shall cooperate fully with the Town in preparation and presentation of the case, and the failure to cooperate shall waive such Officer’s or Employee’s right to representation and indemnity under this section. 15.05 Town’s Defenses. Nothing in this section shall be construed as waiving the Town’s defense of governmental immunity to it or its Officers or Employees in any action brought 15 against the Town or such Officer or Employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the Town provided in said Act, as amended. The Town shall not be liable for any settlement of any such claim or suit affected without its consent. 15.06 Notice. The provisions of this section shall apply only where the Town has been given notice of the action brought against any Town Officer or Employee within ten (10) day of service of process upon the Officer or Employee. 15.07 Disciplinary Actions. Nothing in this section shall prevent the Town from taking disciplinary action against any Officer or Employee for conduct defended or indemnified by the Town under this section, either before or after conclusion of the civil suit. 15.08 Suits in behalf of the Town. Nothing in this section shall require the Town to indemnify any Officer or Employee for recoveries made against him or her in suits by or on behalf of the Town. The Town Council may, however, authorize the Town Attorney to represent any Officer or Employee in a suit brought by a taxpayer in behalf of the Town against the Officer or Employee. 15.09 Exclusions. A. Official Misconduct / Gross Negligence / Charter Exclusions. This indemnity shall in no event apply to or cover damages awarded against an employee that (1) arise from a cause of action for official misconduct; or (2) arise from a cause of action involving a willful or wrongful act or omission or an act or omission constituting gross negligence; or (3) arise out of the intentional or knowing violation of any penal statute or ordinance; or (4) arise out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud; or (5) arise out of any personal or private business of such Officer or Employee; or (6) for any willful or wrongful act or omission of such Officer or Employee; or (7) for any criminal misconduct or any other damages expressly excluded by the Town’s Charter, Town ordinance, or state law. B. Insurance Coverage. This indemnity shall in no event apply to or cover damages awarded against an Officer or Employee to the extent that the damages are recoverable under an insurance contract, insurance policy or self-insurance plan maintained by the Town. C. Punitive or Exemplary Damages. This indemnity shall in no event apply to or cover punitive or exemplary damages where such damages are not recoverable in law or equity against the Town. 16 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding a Resolution approving the submission of the grant application for the Tobacco Compliance, for the 2007-2008 fiscal year and designating the Town Manager as the authorized official for the Town. EXPLANATION: Commander Simmons spoke with the State of Texas Comptroller’s Office regarding the Tobacco Compliance Grants available for this year. The grant provides anywhere from 1,000.00 to 40,000.00 to local law enforcement to be utilized in the following areas: On site controlled buys or “stings” of tobacco permitted retailers. On site Inspections of those retailers, Compliance education of tobacco retailers, judicial courts and personnel Training of investigators participating in the program. The funding is set depending upon the needs of each community. The funding can also used on salaries and there are no matching funds required. May 9th is the deadline to submit. RECOMMENDATION: ACTION BY COUNCIL: (sk) Attachments: 1. Resolution 17 TOWN OF TROPHY CLUB RESOLUTION 2008- A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING THE SUBMISSION OF THE GRANT APPLICATION FOR THE TOBACCO COMPLIANCE FOR THE 2007-2008 FISCAL YEAR; AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club finds it in the best interest of the citizens of Town of Trophy Club that the Tobacco Compliance be operated for the 2007-2008 fiscal year; and WHEREAS, The Town of Trophy Club agrees to provide applicable matching funds for the said project as required by the Tobacco Compliance grant application after the first year funding, as the first year. WHEREAS, The Town of Trophy Club agrees that in the event of loss or misuse of the Tobacco Compliance, The Town of Trophy Club assures that the funds will be returned to the Officer of the Texas Comptroller in full; and WHEREAS, The Town of Trophy Club designates Brandon Emmons, Town Manager, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency and to execute or name a designee to execute all necessary documents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club approves submission of the grant application for the Tobacco Compliance to the Office of Texas Comptroller and authorizes the Town Manager or his designee to execute all necessary documents. Section 2. 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 the 5th day of May, 2008. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas 18 ATTEST: _______________________________ Town Secretary, Lisa Ramsey Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: _______________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas 19 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.4 Discuss and receive input regarding goals and objectives for Town departments. EXPLANATION: The purpose of this item is to provide clear and concise guidance for Town staff with regards to the Town’s budgeting process. It will provide a framework for the staff to work within and enable staff to provide a proposed budget that incorporates the goals of the Town Council. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1.None 20 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No. C.5 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. 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 EXPLANATION: The attached draft interlocal agreement provides for the funding and construction of the road to extend Northwest Parkway through the jurisdictions of Trophy Club and Roanoke to connect at its intersection with Highway 377. Denton County is providing funding which is divided proportionately between Trophy Club, Roanoke, and NISD. Under the PID/Development Agreement between Centurion American and the Town, Centurion American is responsible for the costs of construction for the portion of the road that goes across property owned by Centurion. The agreement contains an exhibit which identifies road segments, the cost of construction for each segment and identifies the party responsible for those costs. The Town will act as project manager and let the contract. The County was uncomfortable with Centurion American being a member to the interlocal development contract, so the obligations of Centurion American have been outlined in a separate agreement between Centurion and the Town. A copy of the draft agreement between Centurion American and Trophy Club is also included for your review. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Draft Interlocal with Roanoke, NISD, and Denton County 2. Draft Agreement between the Town and Centurion American 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.6 Staff to provide an update to Council regarding measures taken and plans to mitigate flooding issues within the Town; and discussion of same EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: 72 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.7 Discuss and take appropriate action regarding the Contract with CityBase.Net, Inc. Lewis F. McLain, Jr. regarding professional services for the evaluation of financial feasibility and impacts related to the water/wastewater study. EXPLANATION: Staff solicited Request for Qualifications (RFQ) as well as proposed Work Plans from several engineering and financial firms regarding a water/wastewater study. After a thorough review, including consultation with the MUD Manager, staff recommends contracting with Citybase.Net, Lewis F. McLain Jr., to complete the water/wastewater study financial analysis portion of this study Mr. McLain is well attuned to the practical aspects of financial analyses for water utilities. He has extensive experience in municipal finance, and has been involved in numerous water utility studies throughout the State of Texas. In addition to his consulting business, Mr. McLain served as the Executive Director of Government Finance Officers Association of Texas (GFOAT). He was the recipient of the first GFOAT Ethics Award in 2003 and given the honor of having the award being named, “The Lewis F. McLain, Jr. Ethics in Leadership Award.” Mr. McLain is regarded as one of the premier financial minds in Texas. RECOMMENDATION: Staff recommends approval of the contract with CityBase.Net, Inc in the amount of $15,000 for services provided in relation to the Trophy Club Utility Study. ACTION BY COUNCIL: Attachments: 1. Professional Services Contract with CityBase.Net, Inc. Lewis F. McLain. 73 STATE OF TEXAS )( COUNTY OF DENTON )( PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, by and between the TOWN OF TROPHY CLUB, a municipal corporation located in Denton and Tarrant County, Texas, hereinafter called “Town”, the Trophy Club Master District, a joint venture between Trophy Club Municipal District No.1 (“MUD No. 1”), and Trophy Club Municipal Utility No. 2 (“MUD No. 2”), both Districts created pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter referred to as “Master District”) and CityBase.Net, Inc. Lewis F. McLain, Jr., President, a Texas Corporation, hereinafter called “Consultant”, evidences the following: WHEREAS, Town and Master District desire the professional services for the evaluation of financial impacts and potential benefits to the residents of Trophy Club concerning the relationship between the Town, MUD1, MUD2, and Master District (hereinafter collectively referred to as the “MUD Entities”). • CONSULTANT will provide an analysis of all financial statements, particularly the balance sheets in order to compute the book value and components of all assets and liabilities. • CONSULTANT will review all bond documents and consult the appropriate Financial Advisors and Bond Attorneys regarding the conditions that must be met for each scenario. • CONSULTANT will review all current tax and utility rate structures and revenue production from the existing revenue base of the MUD Entities and the Town. • CONSULTANT will review the financial status of all capital projects in progress, any planned capital projects in the next three years, if known, and any debt financing authorized and unissued and planned at this time. • CONSULTANT will work with Town and Master District staff to determine the amount of potential growth expected in the next 3-5 years based on known annexations, plats and inventory of near-term building permits. • Based on the information obtained, CONSULTANT will provide a financial plan that covers the planning period FY 2008 – 2012, with four scenarios and a phasing plan , if deemed financially feasible. The scenarios are as follows: status quo, consolidation of MUD 1 and MUD2, consolidation of MUD 2 and the 74 Town, and consolidation of the Town, MUD 1 and MUD2. Note: Proposed revision by Walter Fitzpatrick, Connie White and agreed to by Jim Thomas. WHEREAS, CONSULTANT represents that he is qualified and capable of performing the professional services proposed herein (See Exhibit A) with over 35 years of experience and is willing to enter into this Contract with Town and Master District to perform said services; NOW THEREFORE, the parties in consideration of the terms and conditions contained herein agree as follows: 1. CONTRACT ADMINISTRATION This Contract shall be administered on behalf of the Town and Master District by the Town Manager acting as Project Director with consultation with the MUD Manager. It is expected for this contract to be sufficient to meet all of the initial crucial information needs of the parties hereto. It is also expected that any additional work beyond the scope outlined in this Contract would be extended only upon a separate submittal and approval by the parties hereto. Note: Changed Project Director reference because it is only used in this paragraph. 2. PAYMENT FOR SERVICES The estimated time involved is expected to vary over the months of May and June 2008. The cost of this major analysis and deliverable product shall be based upon the time involved in its production using an hourly rate of $150.00,as follows: Evaluation of Financial Factors and Preparation of Plan: A minimum of FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) based upon one hundred (100) hours or less; plus an additional sum based upon the additional hours over one hundred (100) which may be involved to complete the plan, at the rate of $150.00 per hour, subject to the authorization of the governing bodies of each of the respective parties hereto, such total sum not to exceed TWENTY- FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). The billing for this project shall be $7,500 due upon approval of this Contract and the remainder upon completion of the project, expected to be no later than June 30, 2008. There will be no expenses billed to this project. Town and Master District shall each pay an equal portion of the total costs due Consultant under this Contract. 75 3. OWNERSHIP OF DOCUMENTS All information and other data given to, related to, prepared, generated or assembled by or for Consultant under this Contract, and other related items, (hereinafter collectively “Data”) shall become the property of Town and MUD Entities, without restriction on future use. Consultant may make copies of any and all documents and items for their files. Consultant shall have no liability for changes made to or use of the documents generated during the term of this Contract by anyone subsequent to the completion of the Contract. 4. TERM OF CONTRACT It is expected that the services furnished by the Consultant under this Contract shall commence no later than May 1, 2008 and end no later than June 30, 2008 for a total of approximately two months. During the term of this Contract, Town and MUD Entities agree and covenant that they shall not individually or collectively take any action to consolidate one or more of the MUD Entities or to consolidate one or more of the MUD Entities with the Town. Note: Added per discussion between Councilmember Edstrom and Director White. 5. TERMINATION OF CONTRACT Upon agreement and written consent by MUD1, MUD2, Master District, and Town collectively, work performed by Consultant under this Contract may be indefinitely suspended or terminated by the Town Manager providing written notice to Consultant. Immediately upon the receipt of such written notice, Consultant shall cease all work and labor being performed under this Contract and shall provide an invoice for all work and labor performed and the corresponding total cost due for such work and labor performed prior to Consultant’s receipt of the suspension or termination notice. Consultant shall provide such invoice within three (3) business days of receipt of notice of suspension or termination. All Data (defined above) in existence on the date of Consultant’s receipt of such notice of termination or suspension shall become the property of the parties hereto. 6. AMENDMENTS This Contract may be amended or supplemented in any particular only by written instrument and only as approved by the Town Manager and MUD Entities, except for termination under Section 5, Termination of Contract, which may be accomplished as set forth in Section 5, Termination Of Contract. 7. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC. 76 The Consultant shall comply with all applicable Federal and State Laws, the Charter and Ordinances of the Town of Trophy Club, and with all applicable rules and regulations promulgated by all local, state, and national boards, bureaus, and agencies existing and published before the date of this Contract. 8. RIGHT OF REVIEW / OBLIGATION TO PROVIDE INFORMATION Consultant agrees that any of the parties may review any and all of the work performed by Consultant under this Contract. The parties are each hereby granted the right to audit at their individual election, all of the Consultant’s records and billings related to the performance of this Contract. Additionally, all parties hereto recognize and understand that the work product produced by Consultant under this Contract is based upon information provided to Consultant by Town and MUD Entities and that the accuracy of Consultant’s work product provided hereunder is dependent upon full and complete disclosure of information by Town and MUD Entities. All parties agree that this project is cooperative; therefore, it is the obligation of the Town and MUD Entities not only to respond to requests for information from Consultant but also to provide to Consultant the information necessary for Consultant to perform the analysis and provide the work product required by this Contract. Consistent with this obligation, the parties agree to advise Consultant of any error or omission of key facts and findings contained in any and all preliminary reports of Consultant prior to the issuance of a final report by Consultant. 9. CONFLICT OF INTEREST All parties hereto, including their respective, officials, officers, employees and agents agree to comply with all applicable laws and regulations regarding conflicts of interest. 10. INDEMNITY A. Consultant agrees to release, defend, indemnify, and hold Town and MUD Entities, jointly and severally, whole and harmless against claims for damages, costs, and expenses of persons or property that may arise out of, result from, or be occasioned by any negligent act, or error or omission of Consultant. Such indemnification shall include without limitation and at no charge to Town and MUD Entities, all services of Consultant necessary and appropriate to provide the defense and indemnity required by this Paragraph. B. Consultant’s indemnity obligation under Paragraph A of this section shall not apply to any claims or damages resulting from, or arising out of the or caused by or sole negligence of the Town of Trophy Club or its employees, representatives, officers, or independent contractors or solely from the 77 negligence of the MUD Entities or their respective employees, representatives, officers, or independent contractors. Consultant’s indemnity obligations under Paragraph A of this section shall not apply to any claims or damages resulting from or arising out of any challenges brought forth by the MUD Entities or the Town should any disagreement with the Town and the MUD Entities result from or arise out of Consultant’s work under this Contract.. Town and MUD Entities understand and agree that the compensation paid to Consultant for services hereunder is compensation only for the work performed pursuant to this Contract and does not include any future services that Consultant may provide, including without limitation, service as an expert witness for either the MUD Entities or the Town. 11. GOVERNING LAWS This Contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas and if legal action is necessary, it shall take place in Denton County, Texas. 12. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof; and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 13. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter any substance of the terms and conditions of this Contract. 14. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and, except as otherwise provided in this Contract, their assigns. 15. ENTIRE AGREEMENT This Contract (pages 1 thru 4) embodies the complete agreement of the parties hereto and except as otherwise provided herein, cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. 78 IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate originals on this date, the day of , 20 . CONSULTANT TOWN OF TROPHY CLUB ________________________________ ________________________________ Lewis F. McLain, Jr. Town Manager President, CityBase.Net, Inc. 4906 Morning Glory Way APPROVED AS TO FORM: McKinney, TX 75070-5273 ________________________________ Town Attorney ATTEST _________________________ ATTEST _______________________ TROPHY CLUB MASTER DISTRICT ___________________________ Master District President APPROVED AS TO FORM: _______________________________ Master District Attorney ATTEST _______________________ 79 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.8 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: List: 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. 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 an Agreement for Professional Services between Carter & Burgess, Inc. and the Town of Trophy Club for Construction Phase Services related to the Northwest Parkway, Parkview Realignment, and Medlin School Drop-Off. 80 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.C.9 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) Town Council report from EDC 4A Liaison, Council member Moss. Attachments: 1. None 81 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.D.1 Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the annual evaluation of Town Manager, Brandon Emmons. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmr) Attachments: 1. Town Manager Evaluation Form 2. B. Emmons Contract 82 Town of Trophy Club Town Manager Annual Evaluation Responsibilities and duties of the Town Manager as specified in the Town of Trophy Club Charter ANDas specified in job descriptions. Please circle the word that most appropriately represents your evaluation of the Town Manager relative to the particular area of responsibility. Comments may be continued on an attached sheet if needed. I. Appoint, suspend and remove all Town of Trophy Club employees and appoint administrative officers provided for in the Charter, except as otherwise provided by law, the Charter, or personnel rules adopted pursuant to the charter. 1. Reflects ability to recruit and retain competent staff. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 2. Creates a leadership climate providing challenge and motivates employees to high performance. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 3. Creates opportunities for employees to progress within the organization. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ 83 Satisfactory (3) ___________ Comments: II. Direct and supervise the administration of all departments, offices and agencies of the Town of Trophy Club, except as otherwise provided by law or this Charter. 1. Reflects knowledge of organizational structure and operations. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 2. Demonstrates competence in recognizing organizational priorities. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 3. Accomplishes Town of Trophy Club objectives in an effective manner. 84 Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: III. See that all State laws and Town of Trophy Club policies are effectively enforced. 1. Ensures appropriate attention and necessary follow-up in enforcement of Town of Trophy Club policies and adherence to State laws. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: IV. Attend all Town of Trophy Club meetings, with the right to take part in discussion, but he/she shall not vote. 1. Exercises effective participation at Meetings. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 85 2. Maintains appropriate role in policy decisions. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 3. Performs well under pressure - including certain unstructured situations. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: V. Prepare and accept items for inclusion in the Official Agenda of all Town of Trophy Club meetings and meetings of Boards and Commissions. 1. Organizes materials for presentation to Council in a clear and concise manner. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 86 2. Demonstrates effective verbal and written communication skills with Town of Trophy Club Board members. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: VI. Prepare and recommend to the Town Council the annual budget and capital program, and administer this budget as adopted by the Town Council. 1. Presents a budget which meets the needs of the Town of Trophy Club and is a sound financial plan. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 2. Manages Town of Trophy Club within adopted budget policies and expectations. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 87 VII. Keep the Town Council fully advised at least quarterly as to the financial condition and future needs, and to make such recommendations concerning the affairs of the Town of Trophy Club as he/she or the Town of Trophy Club deems desirable or necessary. 1. Provides Town of Trophy Club with appropriate and timely analyses of fiscal condition. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 2. Keeps informed of changes in State law and regulations and their effect on Town of Trophy Club government issues, and advises Town Council of same. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: VIII. Make reports as he/she or the Town Council may require concerning the operations of the Town of Trophy Club departments, offices, or agencies subject to his/her direction or supervision. 1. Demonstrates effectiveness in identifying major policy issues. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ 88 Comments: 2. Maintains an effective system of reporting current plans and activities of the Council. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: IX. Perform such other duties as are specified in this charter or may be required by the Town Council, and are consistent with this charter or state or federal law. 1. Develops and maintains effective relationships with Federal, State, and Local government representatives and citizen groups. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 2. Maintains personal accessibility to Council Members. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 89 3. Maintains an effective public relations program with local cities and media. Outstanding (5) ___________ Needs Improvement (2) __________ Excellent (4) ____________ Unsatisfactory (1) ___________ Satisfactory (3) ___________ Comments: 90 91 92 93 94 95 96 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.E.1 Discuss and take appropriate action relative to Executive Session Item Number E1. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 97 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 5-5-2008 Subject: Agenda Item No.E.2 Adjourn.