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Agenda Packet TC 10/20/2008 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, October 20, 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 declaring October 20-24, 2008 as Texas Chamber of Commerce 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 Minutes dated, September 10, 2008. B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 22, 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 6, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. August C.1 Receive a progress report of the Highlands of Trophy Club Public Improvement District #1 and discussion of the same. 2 C.2 Discuss and take appropriate action regarding the creation of a Trophy Club Park Task Force. C.3 Discuss and take appropriate action regarding an Ordinance repealing Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Section 4.05 entitled "Approved Times for Solicitation" of Article IV, Chapter 10 of the Code of Ordinances. C.4 Discuss and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and the Northwest Independent School District for site designation of the water storage facilities and proposed Real Estate Contract. C.5 Discuss and take appropriate action to approve an amended Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. C.6 Discuss and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. C.7 Discuss and take appropriate action regarding the approval of an Agreed Termination of the existing contract between the Town and Intermedix Technologies, Inc. for emergency medical billing services and the approval of a new contract with Intermedix for emergency medical billing and related services. C.8 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2007-08 Budget. C.9 Discuss and take appropriate action regarding the following items proposed by Cities Aggregation Power Project, Inc.: A. A Resolution authorizing Cities Aggregation Power Project, Inc. (CAPP) to negotiate and enter into an electric supply agreement for the Town to purchase power through CAPP for its electrical needs beginning January 1, 2009 through December 31, 2013. B. An Ordinance authorizing the Town's participation in the Cities Aggregation Power Project, Inc. (CAPP) Long-Term Contract for a period up to 24 years and requiring the Town to make a capacity payment equal to its proportionate amount of debt service obligation for capacity under the Power Purchase Agreement between CAPP and Luminant Generation Company, et al. C.10 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. 3 C.11 Discuss and take appropriate action regarding an Ordinance denying the request of Oncor Electric Delivery to increase rates. C.12 Discuss and take appropriate action regarding the repeal of Resolution No. 2007- 15 and the adoption of a new Resolution authorizing participation in various cooperative purchasing programs as authorized by the Town's Procurement Policies and Procedures. C.13 Discuss and take appropriate action regarding the name change from Marshall Creek Road to Bobcat Blvd and from Northwest Parkway to Bobcat Blvd. (Previously requested by NISD.) C.14 Receive a report regarding the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive, discuss and take appropriate action regarding same. C.15 Items for Future Agenda. D.1 Adjourn. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.A.2 Invocation. Invocation will be offered by Council member Strother. 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 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." Pledges will be led by Council member Edstrom. 7 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.A.4 Discuss and take appropriate action regarding a Proclamation declaring October 20-24, 2008 as Texas Chamber of Commerce Week. EXPLANATION: Northwest Metroport Chamber of Commerce President, Sally Michalak will attend to accept the Proclamation. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Proclamation 8 PROCLAMATION TOWN OF TROPHY CLUB “2008 Texas Chamber of Commerce Week” WHEREAS, more than six hundred local chambers of commerce in Texas distinguish themselves as the voice of business in our state; and WHEREAS, the work accomplished by those local chambers has benefited our state through their economic development and community development programs; and WHEREAS, the chamber of commerce community in Texas has sought to achieve successful results for our cities, towns, counties and state in a cooperative spirit with other organizations; WHEREAS, the business community, represented through local chambers of commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs, and a positive vision of the future; and WHEREAS, the Northwest Metroport Chamber of Commerce unceasingly promote the communities of Haslet, Justin, Northlake, Roanoke, Trophy Club and Westlake for quality growth and development; and WHEREAS, the Northwest Metroport Chamber of Commerce celebrates 20 years of service to the northwest region of the Dallas-Fort Worth metroplex. NOW THEREFORE, BE IT PROCLAIMED THAT THE TOWN OF TROPHY CLUB, PROCLAIM THE WEEK OF OCTOBER 20-24, 2008 AS CHAMBER OF COMMERCE WEEK IN TROPHY CLUB. PROCLAIMED THIS THE 20th DAY OF OCTOBER, 2008. ______________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ______________________________ Town Secretary Town of Trophy Club, Texas 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 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. 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 10, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1.Minutes dated September 10, 2008 11 TROPHY CLUB TOWN COUNCIL MEMBERS AND STAFF PRESENT: Nick Sanders Mayor Jim Moss Council Member Kathleen Wilson Council Member Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Ramsey Town Secretary Adam Adams Parks and Recreation Director ROANOKE CITY COUNCIL MEMBERS AND STAFF PRESENT: Scooter Gierisch Mayor Holly Gray-McPherson Mayor Pro Tem Brian Darby Council Member Kevin Stillwell Council Member Melvin Smith Council Member Jimmy Stathatos City Manager Debra Wallace Assistant City Manager Ronnie Angel Parks and Recreation Director Cody Petree Public Works Director Gary Johnson Police Chief Brad Goudie Dep. Fire Chief Kim Barnes City Secretary WESTLAKE TOWN BOARD OF ALDERMEN AND STAFF PRESENT: Laura Wheat Mayor Carol Langdon Alderman Rebecca Rollins Alderman Larry Corson Alderman Tim Britten Alderman Thomas Brymer Town Manager Kim Sutter Town Secretary NISD MEMBERS PRESENT: Dr. Karen Rue Superintendent Dennis McCreary Assistant Superintendent for Facilities, Planning, and Construction Devonna Holland Board Member A. CALL CITY COUNCIL TO ORDER Mayor Gierisch, City of Roanoke, called the meeting to order at 6:38 p.m. Mayor Sanders, Town of Trophy Club, stated Trophy Club did not have a quorum. Mayor Wheat, Town of Westlake, called the meeting to order at 6:40 p.m. 12 Members of each Town/City and Board were introduced at this time. B. PRESENTATION Dennis McCreary, NISD Assistant Superintendent for Facilities, Planning, and Construction gave a presentation regarding the Northwest NISD district growth and development. There is a new proto-type design being used for the last six schools built that has saved the district $300,000 per school on design fees. Byron Nelson High School, which is 70% completed at this time, was discussed as well as new school locations. NISD is the 3rd largest district with 324 square miles. As of 09/09/2008 the district had 13,026 students enrolled, which is an 11% growth. It is projected that there could be 93,000 students enrolled in less than 20 years. Mr. McCreary notes that they appreciate the voters and would not be able to do it without them. Martha Llewellyn, a Trophy Club resident, asked if there will be another elementary school built in Trophy Club. Mr. McCreary stated there is not a need at this time due to other construction. Council Member Smith asked when the portable buildings will be removed from the Roanoke Elementary campus. Mr. McCreary stated that they will be removed when the new elementary school opens in 2010, which will be located in the Briarwyck Subdivision. Dr Rue stated you can go online to the NISD website to access information regarding new school locations. Mayor Pro Tem Gray-McPherson hopes that an Interlocal agreement can be worked out that a joint facility can be used by all without billing each other. All entities pay school taxes, why should we double bill each other. C. NEW BUSINESS 1. Discuss and receive input regarding Library. Mayor Sanders stated there was a task force formed between the school district and the residents of Trophy Club to explore joint use facilities more than just the library. Discussions were held on how the library can be isolated from the high school. If it was able to be workable, the library could be staffed outside of school hours and on weekends. Trophy Club does not currently have a library for residents’ use. Details still need to be worked out. Summer months will require staffing that could possibly be funded though an Interlocal agreement of both Roanoke and Trophy Club. There are examples of other areas such as College Station and Bryan that have done the same. Mayor Pro Tem Gray-McPherson asked what the process to move forward is. Dr. Rue replied that the cities just need to pull together and say they want to start having conversations. Mayor Sanders stated that they already had some open conversations regarding joint uses. Mayor Gierisch mentioned that one challenge Roanoke would face 13 is that there is already a public library. Mayor Wheat said The Town of Westlake is in a bit of a different situation; they are divided among three school districts but would love to be involved. City Manager Stathatos said that Roanoke is interested in using all of the schools facilities including the library even though Roanoke may expand their own. Martha Llewellyn does not believe that we need to have a joint library in a school setting. It would not meet all the needs of the residents in regards to material suitable for different age groups. Believes we need a separate facility. Dr. Rue commended those comments stating those are the details we need. But this can help and be like a starter situation until a building can be built. Council Member Wilson responded to a question asked earlier by Ms. Llewellyn by stating that “it’s a stair step launching point” to get us going. Alderman Britton stated that the biggest detail to deal with is land, being centralized and the cost associated with the land. Mayor Sanders said we know it is not a long term solution but it is a partial solution. There are some challenges to overcome. Let’s try to do away with the borders and not worry about where it’s located but that it’s a regional benefit to our citizens. The challenge will be funding. How can you build something, for example, in Trophy Club and tax residents in Roanoke? We need to explore funding mechanisms. Grants may be one way. City Manager Stathatos spoke about County money being allocated for public library. They give you a certain amount of money based on the capita you serve, however, if you charge a fee then you are not eligible for the funds. So about seven or eight years ago we tried to do this with Trophy Club and Westlake. The amount needed versus the Grant did not make sense. That is why Roanoke currently charges a fee. When multiple taxing entities are joined together, you can jump to the top of the list. 2. Discuss and receive input regarding park facilities: a) Each entity provide brief overview of current and future park plans Ronnie Angel, Roanoke, gave a status report of the Roanoke park facilities. He stated that the Recreation Center has been open for three years and has doubled in membership (6300 members). City Manager Stathatos mentioned the possibility of a land acquisition to expand the park area. It is approximately 120 acres. It may be able to offer things not currently offered. Mayor Sanders spoke of the types of fields that each City/Town offers. He asked if all areas should support multiple sports. As the area grows, the associations may split. He stated that Trophy Club submitted a master plan on “the Park” which he states was renamed, by Trophy Club, from Marshall Creek Park to Trophy Club Park at Lake Grapevine. Discussions took place on the correct name of the park. City Manager Stathatos said that other cities should have been consulted 14 about the plans. Trophy Club, Roanoke, and Westlake cannot stand alone. Stathatos said Roanoke believes the park was in Marshall Creek, and Trophy Club believes differently; the reality is that it doesn’t matter and proposed naming it something else all together. Town Manager Emmons said that Trophy Club has the right to name it because they are supporting it right now. It is Corps of Engineers property not located in either city limits, questions are as to who’s ETJ it resides in; boundaries are irrelevant. The facility is never going to be developed by either city as long as the Corps of Engineers controls it. It will always be a park; residents will always be able to use it. Adam Adams, Trophy Club, gave a status report of Trophy Club park facilities. RFQs were received last week for the Corps property. We will be working with other cities on that park. It will be a regional park, a federal park. Dr. Rue wanted to thank the Roanoke Recreation staff for providing the venue for Alliance Corporate Challenge. b) Discussion of Marshall Creek Park Council Member Wilson would like to have a regional joint task force. They can sit down and incorporate the dollars that have been put in or can be put in. Have this task force work out the details and name issue. Mayor Gierisch said we could schedule a meeting with the three (3) cities to start this process. Alderman Corson stated he had a document handed out earlier that can help with this. Mr. Walker, Roanoke resident, once heard a State Senator say that economic development is not city versus city and that is high school football. Economic development is about cities working together. That is what you are trying to do tonight, there is strength in numbers. Mayor Gierisch believes we are moving in a direction that is positive for each and every entity. We are neighbors, we are friends. Maybe we can vote on a task force committee at the next meeting. Ms. Llewellyn suggests a regional contest to name “the park.” Council Member Wilson believes it can be healing to have a new name for this park. There are no historical memories there. c) Discussion of natatorium facility Dr. Rue announced that the NISD is doing a feasibility study for the time and placement of a natatorium. We currently rent, from the City of Keller, a facility for $15,000 a year. Mayor Pro Tem Gray-McPherson asked when the study will be started. Mr. McCreary stated in the spring. The cost is not justified currently per Dr. Rue. Mr. McCreary stated that they have a five (5) year deal with the City of Keller and that our immediate needs are being met. 15 3. Discuss and receive input regarding Highway 170 – Highway 114 Interchange. Mayor Gierisch asked Mayor Sanders to speak on this subject. Mayor Sanders commented that the design is the same as it was prior. The continuation of Highway 114 to side roads in Trophy Club, heading west, is estimated at $33.9 million dollars. Funds are allocated. The levy date is September 2011. He noticed that the access to Byron Nelson Parkway would be an overpass going over Highway 114. How do you provide access to the commercial property? He encourages all involved to stay on top of it. There are plans to continue 114 to the Wise County line. We are excited it is coming, but it will be quite and undertaking for all the overpasses to get from 170 to 114, to get from 114 main lanes to side roads and exits. Mayor Gierisch spoke of similar locations and said maybe we can get copies of those plans. 4. Discuss and receive input regarding inter-community development communication and development along Highways 114 and 170 of mutual interest to all communities. Alderman Corson worked with three (3) Colorado Counties in a similar situation and provided a document that was used in that case. They came together and produced this document, which has mutual agreement with all involved. He pointed out certain sections that outlined this agreement. Section 3 speaks to the methodology by which we came to an agreement on what should be the trigger points. Section 7 identified the goal, Section 10 started to define the process, Section 17 reminds everyone of the statutory authority. He believes this absolutely applies to 114 and other shared boundaries. Council Member Wilson said this was a great document, it shows good faith and that the Town should do this. Mayor Sanders suggested to Town Manager Emmons to get approval from Council to develop some kind of document to move forward and encourages all of us to take this action. Maybe we can have some kind of draft document at the next quarterly meeting that can be commented on. 5. Schedule future meetings. Next meeting tentatively scheduled to take place on Thursday, January 29, 2009 in Westlake. D. ADJOURNMENT 16 1. Motion made by Melvin Smith, seconded by Kevin Stillwell to adjourn the meeting at 8:40 p.m. Motion carried unanimously. Motion made by Rollins, seconded by Carol Langdon to adjourn the meeting at 8:40 p.m. Motion carried unanimously. ___________________________ ______________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 17 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.B.2 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 22, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated September 22, 2008 18 MINUTES OF A PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, September 22, 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, September 22, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Glenn Strother Council Member TOWN COUNCIL MEMBERS ABSENT: Kathleen Wilson Council Member Jim Moss Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Sakura Moten-Dedrick Finance Director Stephanie Gohlke Financial Analyst A.1 Mayor Sanders called to order and announce a quorum at 7:00 p.m. Mayor Sanders acknowledged the absences of Council members Moss and Wilson. Council member Moss notified staff in July that he would be unable to attend and Council member Wilson fell ill. A.2 Mayor Sanders offered the Invocation. A.3 Council member Edstrom led the Pledges. A.4 Presentation and volunteer recognition by Police Chief Kniffen regarding the animal shelter and discussion of same. Police Chief Kniffen recognized Lisa Owens and Beth Levin for their for their help assisting with the care and clean up of the Trophy Club Animal Shelter and Hailey Eagan for her effort conducting a fund raiser and donating the money raised to the Trophy Club Animal Shelter. Hailey Eagan asked that the Council support an eco-friendly community and to consider having the recycling picked up twice a week. A.5 Citizen Presentations: No citizens addressed the Town Council. 19 A.6 Presentation from the Tarrant Regional Transportation Coalition and discussion of same. Mayor Sanders introduced Vic Suhm, Executive Director of Tarrant Regional Transportation Coalition (TRTC). Mr. Suhm made a presentation speaking to the Regional Congestion Levels, the Mobility Crisis and how the TRTC is responding to these issues. Mr. Suhm explained the needs necessary to protect our region and the quality of life and offered ways for municipalities gain local control. Council member Edstrom thanked Mr. Suhm and said that we should be asking the Legislature to follow the same GASB rules imposed on the Town. Mayor Sanders removed Item B.1 from the Consent Agenda. B.1 Consent Agenda: Discuss and take appropriate action regarding the Interlocal Agreement with Northwest Independent School District for School Resource Officer Services for 2008- 09. Town Attorney Adams acknowledged one change in paragraph nine; Standard Operating Procedure needs to be changed to General Manual and Department of Public Safety needs to be changed to Police Department. Motion made by Edstrom; seconded by Strother to approve the Interlocal Agreement with Northwest Independent School District for School Resource Officer Services for 2008-09 with the aforesaid change suggested by Legal Counsel. Motion passed unanimously without discussion. End of Consent Agenda PUBLIC HEARING Council convened into Public Hearing at 7:44 p.m. C.1 Public Hearing regarding a proposed Zoning Change from "CR" Commercial Recreation to "CG" Commercial General for an approximate 6.568 Acres (Located on Trophy Club Drive adjacent to the Country Club Tennis Courts), requested by Baird, Hampton & Brown, Inc. on behalf of Centurion Acquisitions, L.P. (current owners) of the tract. Applicant Bob Lopez, from Baird, Hampton & Brown, Inc. and future owners, Pete and Judy Ehrenberg were present. John Grunthaner, 8 Meadow Creek Court – Spoke in opposition of this zoning change. Don Werkstell, 7 Meadow Creek Court – Spoke in opposition of this zoning change. Council reconvened into Regular Session at 8:04 p.m. *REGULAR SESSION D.1 Discuss and take appropriate action regarding an Ordinance amending Ordinance No. 2000-06 P&Z of the Town, the "Comprehensive Zoning Ordinance" and amending the Official Zoning Map of the Town by changing the zoning on a 6.568 acre tract of land from "CR" Commercial Recreation to "CG" Commercial General (Subject Land located on Trophy Club Drive adjacent to the Country Club Tennis Courts), (ZCA-08-014), as requested by Baird, Hampton & Brown, Inc., on behalf of Centurion Acquisitions, L.P. (current owners). 20 Planning and Zoning Chairman, Gene Hill stated the Commission approved a motion recommending a zoning change to the Town Council from "CR" Commercial Recreation to "CG" Commercial General for an approximate 6.568 Acres on September 4, 2008. The purpose of a Commercial General district is to provide locations for local neighborhood shopping and personal service needs of the surrounding area to accommodate general retail shopping and low intensity business or professional offices that are designed and sited to be compatible with nearby residential uses and which primarily provide services to residents of the community. Motion made by Edstrom; seconded by Sterling to approve an Ordinance amending Ordinance No. 2000- 06 P&Z of the Town, the "Comprehensive Zoning Ordinance" and amending the Official Zoning Map of the Town by changing the zoning on a 6.568 acre tract of land from "CR" Commercial Recreation to "CG" Commercial General (Subject Land located on Trophy Club Drive adjacent to the Country Club Tennis Courts), (ZCA-08-014), as requested by Baird, Hampton & Brown, Inc., on behalf of Centurion Acquisitions, L.P. (current owners). Town Manager Emmons stated that the Town Engineer, Tom Rutledge reviewed and approved the zone change. John Grunthaner, 8 Meadow Creek Court - Spoke in opposition of this zoning change. Motion passed unanimously without further discussion. D.2 Discuss and take appropriate action regarding a Resolution amending Resolution 2008-21, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town Of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice; enacting other related provisions; and providing an effective date. Motion made by Edstrom; seconded by Strother to approve a Resolution amending Resolution 2008-21, accepting a Service and Assessment Plan for authorized services (Emergency Services) for the Town of Trophy Club Public Improvement District No. 1 (The Highlands At Trophy Club); setting a new date for a public hearing; authorizing the publication of notice. Mayor Sanders stated that the Town Council previously accepted a draft service and assessment plan for emergency services and ordered a public hearing to occur on September 22, 2008. The Notice of Public Hearing was originally scheduled to publish on September 12, 2008. Because the notice was not advertised on the aforementioned date as originally intended, the Town Council must order a new public hearing to occur on September 29, 2008. Town Manager Emmons said this Item actually accepts the Emergency SAP plan. Motion passed unanimously without further discussion. D.3 Discuss and take appropriate action regarding an Ordinance of the Town Council of the Town Of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club); adopting findings and other related provisions; and providing an effective date. Town Manager Emmons stated this ordinance covers the annual update required for assessments on the PID bonds. The annual update required for assessments on emergency services is completed separately. Motion made by Edstrom; seconded by Sterling to approve Ordinance of the Town Council of the Town of Trophy Club accepting and approving an update of the Service and Assessment Plan and Updated 21 Assessment Roll for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club.) Motion passed unanimously without further discussion. D.4 Discuss and take appropriate action regarding an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009. Mayor Pro Tem Sterling questioned how much was budgeted for COLAs and Merits and said when considering a tax increase it seems that there is a significant amount of money tied into salary/merits and COLAs. Council member Edstrom said that she can support a one or two cent tax increase providing it is kept separate and designated for a specific purpose. The Council is not increasing the tax rate as a result of the COLAs and merits. Edstrom does not feel that they have been very good planning for the Town’s future. Town Manager Emmons read a letter from Council member Wilson stating her support of a necessary tax increase. Mayor Sanders commented that MUD 1 approved their budget with a ½ cent decrease and MUD2 with a 1 ½ cent decrease in their taxes. Motion made by Edstrom; seconded by Strother to approve Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009 with the ending balance of a total combined revenue of $6,345,088 and excess of reserve of approximately $127,000 and moving this amount into a Strategic Initiative Fund, formally titled Other Tax. The mover amended the motion to approve an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009 with the ending balance of total revenue (O&M and I&S) of $7,150,006 and ending up with an operating budget with approximately $127,000 in reserves, and I&S with a balance of approximately 55,463; the second agreed. Council recessed at 9:48 p.m. and reconvened at 10:16 p.m. The mover modified the motion to approve an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009 with the total revenue (O&M an I&S) of $ 7,150,006 and ending up with an operating budget excess of approx $83,000, and I&S with of balance $55,4633; the second agreed. Council member Strother questioned whether the Town should raise O&M another ½ cent. Motion amended by Strother; seconded by Edstrom increasing the O&M reserve from $83,000 to $118,000. Amendment passed unanimously. Main motion approving an Ordinance adopting and approving the Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009 with the total revenue (O&M an I&S) of $ 7,150,006 and Ending up with an operating budget excess of approx $118,000 and I&S with of balance $55,463 passed unanimously without further discussion. Motion passed unanimously without further discussion. 22 D.5 Discuss and take appropriate action regarding an Ordinance fixing and levying Municipal Ad Valorem Taxes for the Town for the fiscal year beginning October 1, 2008, and ending September 30, 2009. Motion made by Edstrom; seconded by Sterling to approve property taxes be increased by the adoption of a tax rate of $0.45551, O&M of 0.37431 and I&S at 0.08120. Motion passed with Sterling, Edstrom and Strother voting in favor. D.6 Discuss and take appropriate action to ratify the property tax increase reflected in the previously approved Town Budget for the fiscal year beginning October 1, 2008, and ending September 30, 2009. Motion made by Edstrom; seconded by Sterling to approve that this budget will raise more total property taxes than last year’s budget by $211,193 or 6.5% and of that amount, $ 76,348 ($16,760,908 new taxable value) is tax revenue to be raised from new property added to the tax roll this year. Motion passed with Sterling, Edstrom and Strother voting in favor. D.7 Discuss and take appropriate action regarding a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2008. Motion made by Sterling; seconded by Edstrom to approve a Resolution approving the tax roll of the Denton Central Appraisal District (DCAD) and Tarrant Appraisal District (TAD) for 2008. Motion passed unanimously without further discussion. D.8 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. Motion made by Edstrom; seconded by Strother to refer. Town Manager Emmons explained that this agreement memorializes the requirements of the Utility Districts as they relate to the Emergency Services SAP. The rates charged to the Town by the Districts will be based upon the tax rate assessed on MUD residents. Motion to refer passed unanimously without discussion. D.9 Discuss and take appropriate action regarding the calling of a Special Council Session on Monday, September, 29, 2008 and subjects for consideration at the meeting. Motion made by Edstrom; seconded by Sterling calling a Special Session to be held at 5:30 p.m. on September 29, 2008 for the purpose of conducting a public hearing on the proposed assessment for Emergency Services for the Trophy Club PID No. 1 and adopting an ordinance levying an assessment on PID property. Motion passed unanimously without further discussion. D.10 Items for Future Agenda. Mayor Pro Tem Sterling requested staff review the appropriate uses of CG Zoning regulations. Town Manager Emmons will report on the number 7, Discuss and take appropriate action regarding possible means to control the Garage Sale traffic and either take action or remove from the list. 23 D.11 Reports: (a) Town Manager Emmons gave his report. (b) EDC 4B Liaison, Council member Strother gave his report. (c) Master District Liaison, Council member Wilson gave her report. E.1 Adjourn. Motion made by Sterling, seconded by Edstrom to adjourn. Meeting adjourned at 11:00 p.m. ________________________________ ______________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 24 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, October 6, 2008. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (lmh) Attachments: 1. Minutes dated October 6, 2008 25 MINUTES OF PUBLIC HEARING/REGULAR TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, October 6, 2008 at 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Public Hearing/Regular Session on Monday, October 6, 2008. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Nick Sanders Mayor Philip Sterling Mayor Pro Tem Susan Edstrom Council Member Jim Moss Council Member Kathleen Wilson Council Member Glenn Strother Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Danny Thomas Fire Chief Scott Kniffen Police Chief Carolyn Huggins Planning and Zoning Coordinator A.1 Mayor Sanders called the Town Council to order at 7:00 p.m. noting a quorum was present. Mayor Sanders wished Town Manager Emmons a happy birthday. A.2 Council member Wilson offered the Invocation. A.3 Council member Moss led the Pledges. Mayor Sanders moved Item A.5 above A.4. A.4 A presentation on the Proposed Road Bonds was given by Denton County Commissioner Andy Eads. County Commissioner Eads gave a presentation explaining that Vote Yes TRIP ’08 will provide Denton County with the tools it needs to further guarantee our roadway system will be able to accommodate the County’s future growth. County Commissioner Eads summarized a list of roads the Bond Election will address. 26 A.5 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2008 Lighthouse Blue Ribbon Achievement. Mayor Sanders corrected that the award should be 2008 U.S. Department of Education, No Child Left Behind. Mayor Pro Tem Sterling read the Proclamation. Motion made by Edstrom; seconded by Wilson to approve the Proclamation. Mayor Sanders presented Principal McCune the Proclamation and congratulated her and the Samuel Beck Staff. Principal McCune said this award is most humbling and accepted the Proclamation on behalf of the staff, students and parents. Principal McCune introduced the staff present. A.6 Citizen Presentations: Ben Merritt, 21 Monterey Drive – Asked the Town Council to readdress the sundown restriction under Section 4.05 of the Solicitor’s Ordinance. Mayor Sanders advised that staff requested Item B.6 be pulled and considered on October 20, 2008 and noted one correction, to the September 15, 2008 Minutes (Item B.4) was made. Page 48 of the packet, under Item C.1, students should be swimmers. Motion made by Wilson; seconded by Moss to approve Consent Agenda, Items B.1 through B.5 with the correction to the September 15, 2008 Minutes. Motion carried unanimously without discussion. B.1 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for Professional Services for Construction Administration and Surveying for U.S. Highway 377 Improvements at Northwest Parkway which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. B.2 Consent Agenda: Discuss and take appropriate action regarding the Ratification of an Additional Services Agreement with Jacobs Engineering Group for professional services for Construction Administration and Surveying for Northwest Parkway, Water Distribution Line, which modifies the main Professional Services Agreement for the Project executed on August, 18 2008. B.3 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 8, 2008. B.4 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, September 15, 2008. B.5 Consent Agenda: Discuss and take appropriate action regarding the Minutes dated September 29, 2008. B.6 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. August End of Consent 27 PUBLIC HEARING Council convened into Public Hearing at 7:55 p.m. C.1 Public Hearing regarding a request for Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP-08-015) No public comments were made. Council reconvened into Regular Session at 7:56 p.m. *REGULAR SESSION D.1 Discuss and take appropriate action regarding the approval of a Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP-08-015) Planning and Zoning Commission Chair, Gene Hill stated by a vote of 5:1, the Commission recommends to the Town Council the approval of the replat. Planning and Zoning Coordinator, Carolyn Huggins reported that the subdivision of these two plats was approved in March 2008. Motion made by Strother, seconded by Moss to approve a Replat of Lots 3R1 and 3R2, Block A, Trophy Wood Business Center, 2.015 Acres. Applicant: Hydra Hotels LLC (RP-08-015) Motion passed unanimously without further discussion. D.2 Parks and Recreation Director to provide the monthly Park Board update and discussion of same. Parks and Recreation Director Adam Adams provided the survey results of the Summer Adventure Camp and updated Council on the Fall Festival Event scheduled for October 18, 2008. Update only, no action taken. D.3 Discuss and take appropriate action regarding an amendment to Chapter 10, entitled "Public Safety", Article II of the Code of Ordinances of the Town, entitled "Traffic and Vehicles"; by renumbering current Section 2.08 "Penalty" to Section "2.09 Penalty" and adopting a new Section 2.08, entitled "Locally Enforced Motor Vehicle Idling Limitations," and providing an effective date. Town Manager Emmons said this Ordinance signifies that the Town Council considers air quality to be an important issue. Motion made by Edstrom, seconded by Sterling to approve amendment to Chapter 10, entitled "Public Safety", Article II of the Code of Ordinances of the Town, entitled "Traffic and Vehicles"; by renumbering current Section 2.08 "Penalty" to Section "2.09 Penalty" and adopting a new Section 2.08, entitled "Locally Enforced Motor Vehicle Idling Limitations." Town Manager Emmons clarified that these restrictions would not apply in the school zones, and would apply only to Commercial vehicles. Motion passed unanimously without further discussion. 28 D.4 Discuss and take appropriate action regarding the expenditure of Parkland dedication funds related to the Harmony Park project and authorizing the Town Manager to execute necessary documents. Motion made by Edstrom, seconded by Moss to approve expenditure of Parkland dedication funds related to the Harmony Park project and authorize the Town Manager to execute necessary documents. Motion passed unanimously without further discussion. D.5 Discuss and take appropriate action regarding an Ordinance repealing Article I entitled "Parks and Recreation Board," of Chapter 9, entitled "Parks and Recreation" of the Code of Ordinances, in its entirety, and adopting a new Article I "Parks and Recreation Board" of Chapter 9 of the Code of Ordinances. Motion made by Wilson, seconded by Moss to approve an Ordinance repealing Article I entitled "Parks and Recreation Board," of Chapter 9, entitled "Parks and Recreation" of the Code of Ordinances, in its entirety, and adopting a new Article I "Parks and Recreation Board" of Chapter 9 of the Code of Ordinances. Motion passed unanimously without further discussion. D.6 Review and provide input regarding the Town's Property Maintenance Ordinance, (Chapter 3, Buildings and Construction, Article XII - Standards for the Repair, Removal or Demolition of Dangerous or Substandard Buildings, Section 12.06 Minimum Standards; Responsibilities of Owner), and the 2003 International Property Maintenance Code, and take appropriate action to direct staff. Tamara Pearlman, 130 Summit Cove – Said that she has experience working with Building Code enforcement and provided a list of suggested revisions she feels needs to be made to the code. Town Manager Emmons commented that Building Bode is separate from the Property Maintenance Code. Town Manager Emmons assured that the Town staff is taking extreme care monitoring code for the construction of the new homes and that inspections are being met. Council member Moss requested a copy of Frisco’s Code. Council member Edstrom asked if this could be incorporated in upkeep on rental property. Sanders suggested that Tarrant County be referenced in the Ordinance such as Denton County and Section 12.03 Procedure #3, that the language under I, Draining of Swimming Pools be the current language approved on August 18, 2008 and that the penalties are consistent throughout the Ordnance. Council member Wilson said that she agrees to the elimination of the Board of Appeals but is in support of a Building Standards Commission as suggested by Council member Edstrom. Council directed staff to draft an Ordinance eliminating the Board of Appeals board and referring the appeals to the Town Council. No action, input only. D.7 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. Town Manager Emmons explained the differences between the version approved by MUD1 and MUD2 and the changes presented to the Council as follows: 29 • The termination clause presented in the original document as at will, has been removed as a definitive time of execution should exist. • The term of the contract shall become effective on January 1, 2009 for an initial term of one year. Such one year initial term shall renew annually for a total of ten consecutive terms of one year each, unless terminated by any party at least 60 days prior to the end of the term. • The budget shall be presented to the Town Council for input and consideration prior to final approval of the Master District. • The Funding of all costs associated with Fire Protection Services be levied in accordance with the Public Improvement District Act, Chapter 372 of the Texas Local Government Code. Council member Moss said that he does not know how he feels about these changes and would rather wait to comment until after the MUDs review and comment. Council member Wilson stated that she would like time to read and process the proposed changes and requested that documents, such as these, be forwarded to Council with more time to review. Mayor Sanders stated that MUD 2 does not have a Fire Plan on file and/or approved by TCEQ and questioned who the agreement should be between. Council suggested that language be added regarding the disposition of any remaining funds at the end of the year be reimbursed proportionately to the parties. Town Manager Emmons stated that a copy of this agreement has been provided to MUD Manager, Walter Fitzpatrick. No action taken. D.8 Items for Future Agenda. Mayor Sanders advised that Items D.6 and D.7 will come back to the Council and do not need to go on the list. Council member Edstrom requested an update on #2 Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive and said she is researching other cities processes on Citizen of the year and will discuss with Council in November. Council member Moss removed #10 Presentation by Danny Hodges from Oncor Delivery regarding outstanding construction issues (Oak Hill) and discussion of same. Council member Wilson requested that the sundown restriction be reviewed in the Solicitors Ordinance and requested that the Minutes from the September 10th, 2008 Joint Regional meeting be forwarded to the other members of Council or included in the next packet as they related to the Item added on September 25, 2008, Discuss and take appropriate action regarding the creation of a Trophy Club Park Task Force. D.9 Reports. (a) Town Manager Emmons gave his report. E.1 Adjourn. Motion made by Wilson, seconded by Edstrom to adjourn. 30 Motion carried unanimously. Meeting adjourned at 9:30 p.m. _______________________________ ___________________________________ Lisa Hennek, Town Secretary Nick Sanders, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas 31 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.B.4 Consent Agenda: Discuss and take appropriate action to approve financials and variance report dated: a. August EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Variance Report. 32 33 34 35 36 37 38 39 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.1 Receive a progress report of the Highlands of Trophy Club Public Improvement District #1 and discussion of the same. EXPLANATION: A substantial portion of the public improvements for the Highlands at Trophy Club PID #1 is nearing completion. The purpose of this item is to provide a progress report for all of the funded items, whether completed, under construction, or proposed. RECOMMENDATION: No action is recommended. ACTION BY COUNCIL: (bse) Attachments: 1. Comprehensive Total with breakdown 40 41 42 43 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding the creation of a Trophy Club Park Task Force. EXPLANATION: The creation of a regional task force was briefly discussed at the last Regional Joint Meeting held with Roanoke, NISD, and Westlake. It is expected that this topic will come up again for discussion at the Regional Joint Meeting that is scheduled in January. This item is being placed on the agenda to receive input from the entire Council regarding this topic. RECOMMENDATION: ACTION BY COUNCIL: (Council member Wilson) Attachments: 1. None 44 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding an Ordinance repealing Section 4.05 entitled "Approved Times for Solicitation" of Article IV entitled "Peddlers and Solicitors,” of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, and adopting a new Section 4.05 entitled "Approved Times for Solicitation" of Article IV, Chapter 10 of the Code of Ordinances. EXPLANATION: Pursuant to the direction provided at the October 6, 2008 Council meeting, the Section 4.05 Solicitor’s ordinance was revised to approve times for soliciting from 9:00 a.m. to sunset. RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Section 4.05 - Current / Proposed 2. Final Version of Ordinance 45 Current (Ord. 2008-21) Section 4.05 Approved Times For Solicitation 1. Except as otherwise expressly provided herein, it shall be unlawful for any Person to conduct any form of Solicitation before the hour of 9:00 AM and after the hour 5:00 PM on any day of the week. 2. There shall be no Solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day. Proposed Revision Section 4.05 Approved Times For Solicitation 3. Except as otherwise expressly provided herein, it shall be unlawful for any Person to conduct any form of Solicitation before the hour of 9:00 AM and after the hour 5:00 PM or after sunset or 7:00 PM, whichever is earlier on any day of the week. 4. There shall be no Solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day. 46 TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES, ENTITLED “PUBLIC SAFETY”, BY REPEALING SECTION 4.05, ENTITLED “APPROVED TIMES FOR SOLICITATION” OF ARTICLE IV, ENTITLED “PEDDLERS AND SOLICITORS” AND ADOPTING A NEW SECTION 4.05 REGULATING APPROVED TIMES FOR SOLICITATION; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 10 of Article IV of the Code of Ordinances of the Town was amended on ______, 2008; and WHEREAS, subsequent to that amendment, the Town Council determined it necessary to further amend Section 4.05 of Article IV, Chapter 10, by expanding the times for solicitation; and WHEREAS, the Town Council hereby finds that repealing the current Section 4.05 of Article IV, of Chapter 10, of the Code of Ordinances and adopting a new Section 4.05 entitled “Approved Times for Solicitation” as further specified herein, serves the best interests of the Town and the health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Section 4.05 entitled “Approved Times for Solicitation” of Article IV entitled “Peddlers and Solicitors” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town is hereby repealed in its entirety and the following new Section 4.05 entitled “Approved Times for Solicitation” of Article IV entitled “Peddlers and 47 Solicitors” of Chapter 10 entitled “Public Safety” is hereby adopted to be and read as follows: Section 4.05 Approved Times For Solicitation 5. Except as otherwise expressly provided herein, it shall be unlawful for any Person to conduct any form of Solicitation before the hour of 9:00 AM and after the hour 5:00 PM or after sunset or 7:00 PM, whichever is earlier, on any day of the week. 6. There shall be no Solicitation on Sunday, New Years Eve, New Years Day, Memorial Day (observed), Fourth of July, Labor Day (observed), Thanksgiving Day, the day after Thanksgiving, Christmas Eve, or Christmas Day. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the solicitations and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. 48 SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage and publication in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20th day of October, 2008. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney, Patricia Adams Town of Trophy Club, Texas 49 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.4 Discuss and take appropriate action regarding an Interlocal Agreement between the Town of Trophy Club and the Northwest Independent School District for site designation of the water storage facilities and proposed Real Estate Contract. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Memorandum of Understanding (Land Exchange and BNHS Lighting) 2. DRAFT - Interlocal Agreement between the Town of Trophy Club and the Northwest Independent School District for site designation of the water storage facilities and Real Estate Contract. 50 51 52 INTERLOCAL COOPERATION AGREEMENT by and between THE TOWN OF TROPHY CLUB, TEXAS and NORTHWEST INDEPENDENT SCHOOL DISTRICT FOR TRANSFER OF LAND AND FACILITIES USE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THIS INTERLOCAL COOPERATION AGREEMENT, is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation (hereinafter "Town"), and NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas independent school district (hereinafter “NISD”). Town and NISD are hereinafter collectively referred to as “Parties”. WHEREAS, this Agreement ("Agreement") is for the purpose of meeting mutual governmental needs and combining resources to benefit the common taxpayers of NISD and Town; and WHEREAS, NISD currently owns and operates Medlin Middle School; and WHEREAS, NISD previously designated a portion of the land upon which Medlin Middle School is located as a site for the future location of Town water storage facilities; and WHEREAS, due to growth and development in the Town, the Town has determined it necessary to begin design and construction of water storage facilities in the northwest part of the Town and has studied appropriate locations for such facilities; and WHEREAS, Town has determined that the previously designated site at Medlin for the location of its water storage facilities is not suitable for and does not meet the needs for the location of the water storage facilities; and WHEREAS, NISD is currently constructing Byron Nelson High School (hereinafter “BNHS”) which is also located in the northwest part of the Town; and WHEREAS, Town has identified the BNHS Site (defined below) as a suitable and beneficial location for the placement of the new water storage facilities; and 53 WHEREAS, Town and NISD desire to enter into this Agreement to proceed with the location of new Town water storage facilities at the BNHS Site (defined below), and in furtherance of that objective have made certain agreements regarding the exchange of land, construction of improvements and joint use of facilities as more fully set forth in this Agreement; and WHEREAS, Town and NISD mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act (the “Act”), which authorizes Texas governmental entities to contract with one or more other governmental entities to perform governmental functions and services under the terms of the Act; and WHEREAS, Pursuant to Texas Government Code §791.011, Town and NISD agree that the purpose of this Agreement is to ensure that certain governmental functions and services related to the provision of water, the construction of roads, and the use of public facilities are performed; and WHEREAS, Town and NISD intend to enter into such this Agreement and such related agreements as are necessary to allow the Town to locate its water storage facilities upon the BNHS Site (defined below), to facilitate the construction of a road adjacent to BNHS, and to authorize for a fixed period, the shared use of sports facilities by the public in accordance with the terms of this Agreement; and WHEREAS, the proposed project encompassed in this Agreement will benefit all citizens of Town and NISD by improving water service, traffic flow and access, and by providing the public with needed shared cost sports facilities that will benefit NISD and Town taxpayers; and WHEREAS, the Parties have agreed to the terms and conditions set forth herein. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements contained herein do mutually agree and understand as follows: SECTION 1 Incorporation 1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. SECTION 2 DEFINED TERMS 2.01 BNHS Fields means all sports fields existing ----- (include those constructed in the future) 54 2.02 BNHS Site means on a ____ acre tract of land located at _____________ in the Town of Trophy Club upon which NISD is constructing Byron Nelson High School. 2.03 BNHS Water Tower Site means an approximate 2.7 acre tract of land situated in the northwest corner of the BNHS Site. 2.04 Medlin or Medlin Middle School means an approximate 38.843 acre tract of land situated in the J. Henry Survey Abstract No. A-529, Lot 1, Block 1 which is the site for the existing Medlin Middle School owned and operated by NISD. 2.05 Medlin Water Tower Site means an approximate 0.6 acre tract of land adjacent to the northwest corner of Medlin Middle School, owned and designated by NISD as a site for the location of Town water storage facilities. 2.06 NISD Sporting Activities shall mean sporting activities of any and all kinds which include participation by NISD students or faculty as a participant in such sporting activities and which are scheduled or sponsored by NISD or BNHS for use of BNHS Fields. 2.07 Water Storage Facilities means SECTION 3 Sale and Purchase – BNHS Water Tower Site 3.01 General. In accordance with the terms of this Section, Town agrees to relinquish to NISD all rights it has in the Medlin Water Tower Site and to _______________ (road construction???). In consideration thereof, NISD agrees to convey to Town fee simple title to the BNHS Water Tower Site. NISD has obtained an appraisal of the fair market value of the BNHS Water Tower Site, and by its execution of this Agreement, recognizes and declares that Town’s compliance with its obligations under this Agreement fairly and adequately compensation NISD for the fair market value of the BNHS Water Tower Site. 3.02 Real Estate Contract. The Parties agree to execute a Real Estate Contract substantially in the form of the contract attached hereto as Exhibit "A" effecting the transfer of the fee title to BNHS Water Tower Site. Such Real Estate Contract shall be executed within sixty (60) days of the approval of this Agreement and upon the approval of the final draft of Exhibit "A" by the respective governing bodies of each of the Parties. Subject to the terms and provisions hereof and Exhibit "A", NISD agrees to sell to Town, and Town agrees to purchase from the NISD, that certain real property containing approximately 2.7 acres, more particularly described on Exhibit "B" attached hereto and incorporated herein for all purposes together with, all and singular, all improvements thereon and all rights and appurtenances pertaining thereto, such 55 interest in real estate, improvements, rights and appurtenances being herein referred to individually and collectively as the BNHS Water Tower Site. SECTION 4 TOWN RIGHTS AND OBLIGATIONS 4.01 Payment. Within thirty (30) days of execution of this Agreement, Town shall pay NISD an amount not to exceed One Hundred and Sixty Five Thousand and NO/100 Dollars ($165,000.00) to be used by NISD to pay for a portion of an upgrade to lighting for the football field at BNHS. All funds paid by Town shall be paid from current revenues legally available to Town. 4.02 Insurance. Town shall maintain its standard insurance policies covering Town activities on BNHS Fields and shall maintain the following additional insurance coverage required by NISD: (insert requirements from NISD). 4.03 Costs. Town shall not be required to pay any fees or other charges for the use of the BNHS Fields; however, Town shall be required to pay for all documented costs for all utilities, except water, and for NISD staff time requested by Town for Town activities at BNHS Fields. 4.04 Damages. Town shall bear all costs of clean-up and/or repair of damage to BNHS Fields or adjacent NISD owned facilities at BNHS which are damaged as a result of Town use of BNHS Fields. Town shall not be liable for costs of maintenance or repair to BNHS Fields where such costs result from normal wear and tear or usage. SECTION 5 NISD RIGHTS AND OBLIGATIONS 5.01 Irrevocable License. In consideration for Town’s payment to NISD under Section 3.01 of this Agreement, NISD shall grant Town an irrevocable license for the period of ten (10) years for use of BNHS Fields. Town’s license shall be subject to the following limitations: A. Time Allocated. Town shall be entitled to use of all BNHS fields for up to ten (10) hours a week for a period of ten (10) with the total maximum hours of use per year by Town being not less than five hundred and twenty (520). Towns use shall commence on _____, 2009 and terminate on _____, 2010, The hours allocated to Town usage of BNHS Fields shall be scheduled between the hours of 8:00 a.m. and 12:00 midnight, seven (7) days per week. 56 B. Scheduling. NISD shall have first right of use and scheduling of BNHS Fields for NISD Sporting Activities”. Subject to the use and scheduling of the BNHS Fields due to NISD Sporting Activities, Town shall be given the first right of use and scheduling of the BNHS Fields. Notwithstanding the priority given to NISD Sporting Activities, NISD shall ensure that Town receives at least ten (10) hours per week of use of BNHS Fields in accordance with its obligations under this Agreement and as set forth in subsection A above. Town shall be given beyond the time reserved for NISD Sporting Activities 5.02 Maintenance Costs and Utilities. NISD shall be responsible for the maintenance of BNHS Fields and all associated costs. NISD shall install a secondary electric meter at BNHS Fields for use during Town activities upon BNHS Fields. NISD shall bill Town monthly for such costs. 5.03 NISD Staff Time. NISD shall also bill Town monthly for costs of staff time requested by Town in accordance with Section 3.03 above. The billable rate for cost of NISD staff shall be the standard hourly rate of the individual NISD staff member providing services to Town and no additional administrative costs shall be billed. 5.04 Dumpsters. Town shall have the option to either use NISD dumpsters and pay ____% of the costs of such dumpters or may provide its own dumpsters. In the event that Town shares the costs of NISD dumpsters, NISD shall bill Town monthly for its portion of the costs. ADD LEGAL BOILERPLATE CONSIDERATION TERM 57 EXHIBIT “A” REAL ESTATE CONTRACT THIS CONTRACT is entered into as of the effective date as hereinafter defined by and between NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas independent school district (the "Seller"), and TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation (the "Purchaser). WHEREAS, the Purchaser desires to purchase and the Seller desires to sell a tract of land in fee simple described on Attachment "A" attached hereto and made a part hereof for all purposes, and commonly known as _____________, Trophy Club, Texas (the "Property"); and WHEREAS, Seller and Purchaser have entered into this Contract to provide for the terms and condition of the sale and purchase of the Property. NOW, THEREFORE, in consideration of the premises and for the further consideration of the terms, provisions, and conditions hereinafter set forth, Seller and Purchaser have agreed as follows: 1. Agreement to Convey For the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth, Seller has agreed and does hereby agree to sell, grant and convey to the Purchaser the Property and Purchaser has agreed and does hereby agree to purchase the Property from the Seller. The Property shall be conveyed to Purchaser, together with all and singular the rights and appurtenances pertaining to such Property, including, but not limited to, any right, title and interest of Seller in and to easements, adjacent streets, alleys and rights-of-way and together with all improvements, fixtures and buildings located, constructed, or placed thereon. All references in this Contract to the term "Property" shall include all right, title and interest of Seller to easements, streets, alleys, rights-of-way, improvements, fixtures, and buildings as set forth above. The actual description of the Property will be based upon a survey to be provided at the expense of Purchaser. 2. Purchase Price The purchase price ("Purchase Price") to be paid for the Property shall be ___________________________ and NO/100 DOLLARS ($________). The Purchase Price, including closing costs, shall come from current municipal revenues legally available to Purchaser. 58 3. Title Commitment Purchaser, at its sole cost and expense, shall obtain a current commitment or commitments for title insurance (the "Title Commitment") covering the Property and issued by a title company (the "Title Company") selected by Purchaser. 4. Representations and Warranties of Seller (a) At Closing, Seller shall have good and indefeasible fee simple title to the Property, free and clear of all mortgages, liens, covenants, conditions, restrictions, rights-of-way, easements, judgments or other matters affecting title except (i) oil, gas and sulfur interests in and under the Property provided the owner of such interests irrevocably and unconditionally waives any and all rights of ingress and egress to the surface of the Property; (ii) easements, licenses or rights-of-way for public or private utilities or gas lines. (b) To the best knowledge and belief of Seller, at Closing there will be no parties in possession of any portion of the Property as lessees, tenants at sufferance or trespassers, and no prescriptive rights will have been acquired in, or have commenced to run against the Property or any portion thereof. (c) To the best knowledge and belief of Seller, there is no litigation or similar proceeding pending against the Property and no litigation or similar proceeding is threatened or contemplated that would affect the Property or any portion thereof. (d) At Closing, no person, firm, partnership, corporation or other entity shall have any right or option to purchase, lease, occupy or use the Property or any part thereof. (e) At Closing, the consummation of the transactions contemplated herein will not violate or constitute a default under any provision of any contract, agreement, regulation, court order, judgment, decree, law or other document or instrument to which Seller is subject or bound and will not violate any other restrictions or prohibition of any kind or character to which Seller is subject. (f) Seller is duly authorized and empowered to enter into this Contract and to consummate the transactions contemplated hereunder, and any person executing this Contract on behalf of Seller is duly authorized and empowered to do so. The governing body of Seller has provided all required consent and the person signing below on behalf of NISD has been authorized to sign all documents necessary to effectuate the sale of the Property in accordance with this Contract. The representations and warranties set forth above shall be continuing and shall be true and correct at Closing with the same force and effect as if made at that time, and all such representations and warranties shall survive Closing. 59 5. Acknowledgments, Covenants and Agreements of Seller Seller acknowledges, covenants and agrees with Purchaser as follows: (a) Purchaser and its agents and representatives shall have full access to the Property at all times prior to the Closing. (b) No new or additional improvements will be constructed, located or placed on the Property. (c) To the best of Seller's knowledge and belief, the Property does not include any personal property. (d) During the pendency of this Contract, Seller shall not (without the prior written consent of Purchaser) create, impose or agree to any mortgages, liens, encumbrances, leases, tenancies, licenses, security interests, covenants, conditions, restrictions, rights-of-way, easements, judgments or other matters affecting title to the Property. (e) This Contract constitutes a full and final settlement for all compensation due Seller for the Property. (f) The covenants in this Section 5 shall survive Closing. 6. The Closing The closing of this Contract pertaining to the Property shall be consummated at a closing (the "Closing") to be held at the office of the __________________ (hereinafter “Title Company”) on or before thirty (30) days after the effective date of this Contract, or at such other time, date and place that the parties may agree upon. At the Closing, Seller agrees to deliver to Purchaser: (a) A Deed substantially the same as the form attached hereto as Attachment "B" duly executed by Seller and properly acknowledged, granting, conveying and warranting unto the Purchaser good and indefeasible title in fee simple absolute to the Property and containing covenants of general warranty; such Deed being subject to no liens, charges, encumbrances, exceptions or reservations of any kind or character other than those permitted by paragraph 4(a) of this Contract; and (b) All releases or other documents or instruments (all in recordable form) necessary to convey title to the Property as required by paragraph 4(a) of this Contract; and (c) Such other documents and instruments as may be necessary to evidence the authority of Seller to convey title to the Property. 60 7. Closing Costs and Proration Costs of title insurance for the Property, escrow fees of the Title Company, costs of recording any documents in connection with the Closing of the Property shall be paid by Purchaser. All other expenses incurred by Seller and Purchaser with respect to the Closing, including, but not limited to, attorneys' fees incurred in connection with this Contract, shall be borne and paid exclusively by the party incurring same. 8. Default (a) Seller's Default. In the event Seller should fail to consummate this Contract for any reason except Purchaser's default, Purchaser may, at its option, either enforce specific performance of this Contract or terminate this Contract as its sole and exclusive remedy hereunder. If Seller is unable to deliver title as required by this Contract, Purchaser shall have the right to take the Property with whatever title Seller can deliver. Nothing herein shall be construed to limit the Purchaser's right and power of eminent domain. (b) Purchaser's Default. In the event Purchaser should fail to consummate this Contract for any reason except Seller's default, Seller may, at its option and as its sole and exclusive remedy, either enforce specific performance of this Contract or terminate this Contract by giving written notice thereof to Purchaser. Seller's remedy set forth in this Paragraph 8(b) is exclusive. 9. Right to Possession Purchaser shall be entitled to possession at closing. 10. Nonwaiver No waiver by either party or any provision hereof shall be deemed to have been made unless expressed in writing and signed by the party against which enforcement is sought. No delay or omission in the exercise of any right or remedy accruing to either party upon any breach of this Contract by the other party shall impair such right or remedy or be construed as a waiver of any such breach theretofore or thereafter occurring. The waiver by either party of any breach of any term, covenant or condition herein stated shall not be deemed to be a waiver of any other or subsequent breach of the same or any other term, covenant or condition herein contained. 11. Miscellaneous Provisions (a) This Contract (including the attachments hereto) embodies the complete and entire agreement between the parties hereto relative to the Property and supersedes all prior negotiations, agreements and understanding relating thereto and may not be varied except by written agreement of such parties. 61 (b) This Contract shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors, heirs and assigns. (c) This Contract shall be construed under and in accordance with the laws of the State of Texas and is fully performable in Denton County, Texas. (d) In case any one or more of the provisions contained in this Contract shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (e) Any notice to be given or to be served upon any party hereto in connection with this Contract must be in writing and may be given by Certified or Registered Mail and shall be deemed to have been given and received when a Certified or Registered letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail, and if given otherwise than by Certified or Registered Mail, it shall be deemed to have been given when delivered to and received by the party (or such party's agents or representatives) to whom it is addressed. Such notice shall be given to the parties hereto at the address set forth under their respective signatures below. Any party hereto may, at any time by giving two (2) days' written notice to the other parties hereto, designate any other address in substitution of the foregoing address to which such notice shall be given. (f) This Contract may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. (g) The headings used throughout this Contract have been used for administrative convenience only and do not constitute matter to be considered in interpreting this Contract. (h) Purchaser represents and warrants unto Seller that Purchaser has full power and authority to enter into and consummate this Contract. Likewise, Seller represents and warrants unto Purchaser that Seller has full power and authority to enter into and consummate this Contract. (i) The effective date of this Contract shall be the last date of signature of any party set forth below. (j) Seller and Purchaser each represent to the other that there have been no brokers or real estate commissions incurred as a result of this transaction. 62 IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. SELLER: Northwest Independent School District ________________________________ _________________ Address:_________________________ ________________________ ________________________ Date: _________________________ ATTEST: ________________________________ APPROVED AS TO FORM: ________________________________ NISD ATTORNEY PURCHASER: TOWN OF TROPHY CLUB TEXAS, a Home Rule Municipal Corporation By:_____________________________ Mayor Date: _________________________ ATTEST: 63 ________________________________ TOWN SECRETARY APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY 64 ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF _________ § This instrument was acknowledged before me on the ______ day of _______________, by _________________________. ________________________________ Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me on the ______ day of _______________, by NICK SANDERS, Mayor of the TOWN OF TROPHY CLUB, TEXAS a home-rule municipal corporation, on behalf of such corporation. ________________________________ Notary Public, State of Texas 65 EXHIBIT "A" GENERAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF _______ § THAT ________________, a Texas non-profit corporation, hereinafter called "Grantor", for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation (the "Grantee") the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, expressed or implied, has granted sold and conveyed, and by these presents does GRANT, SELL and CONVEY unto the Grantee all of that tract or parcel of land situated in the Town of Trophy Club, County of Denton, Texas, as more particularly described in Attachment "A" attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way (hereinafter collectively called the "Property"). The Property is conveyed by Grantor and accepted by Grantee subject to those items described in Exhibit "B" attached hereto and made a part hereof by reference for all purposes (the "Permitted Exceptions"). It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair, and operate thereon water storage facilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property. The consideration paid to Grantor by Grantee for the Property shall be considered full compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Notwithstanding the area and shape of the Property, this General Warranty Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever, subject to the Permitted Exceptions. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and 66 assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. The mailing address of the Grantee is: Town of Trophy Club, Texas 100 Municipal Drive Trophy Club, Texas 76262 Attention: Brandon Emmons, Town Manager EXECUTED this _____ day of ____________________, 2008. NORTHWEST INDEPENDENT SCHOOL DISTRICT ________________________________ _________________________ Address:_________________________ ________________________ ________________________ ACKNOWLEDGMENTS STATE OF TEXAS § § COUNTY OF _________ § This instrument was acknowledged before me on the ______ day of _______________, by _________________________. ________________________________ Notary Public, State of Texas 67 ATTACHMENT "A" THE PROPERTY 68 ATTACHMENT "B" PERMITTED EXCEPTIONS 69 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.5 Discuss and take appropriate action to approve an amended Interlocal Agreement with Northwest Independent School District for School Resource Officer services for 2008-09. EXPLANATION: RECOMMENDATION: Staff recommends approval. ACTION BY COUNCIL: (SK) Attachments: 1. Interlocal Agreement 70 STATE OF TEXAS § Interlocal Agreement by and between § The Town of Trophy Club, Texas, and § Northwest Independent School District for COUNTY OF DENTON § School Resource Officer Services This Agreement is entered into upon the date of the last party's signature to this Agreement and is between the Town of Trophy Club, Texas, a home rule municipal corporation located in Denton and Tarrant Counties (hereinafter referred to as the "Town"), and Northwest Independent School District, a Texas District located in Denton, Tarrant and Wise Counties, Texas and hereinafter referred to as the "District". The Town and District made the following findings in entering into this Agreement: WHEREAS, this Agreement for School Resource Officer is made pursuant to the authority of the Texas Government Code 791.001 -791.0029, known as the Interlocal Cooperation Act; and WHEREAS, the expense of any payments or performance required by this Agreement shall come from current revenues legally available to the parties; and WHEREAS, the subject of this Agreement is necessary for the benefit of the public and the students and each party and that the performance and payment fairly compensates both parties; NOW, THEREFORE, for and in consideration of the mutual undertakings hereinafter set forth and for adequate consideration given, the parties agree to cooperate in securing the placement of one School Resource Officer for the District as follows: I. Town Obligations The Town agrees to provide one (1) fully qualified peace officer who will be assigned by the Town to serve as the School Resource Officer for the Lake View Elementary, Samuel Beck Elementary, and Medlin Middle Schools, all of which are located at the District property in Trophy Club in Denton, County, Texas. The Town further agrees to supply any and all necessary equipment, including but not limited to uniforms, radio, vehicle, and personal defense equipment for the School Resource Officer. The Town agrees to provide all of the above to the District, for the consideration provided in sections V below. II. Duties of School Resource Officer 2.01. Duties. The duties of the School Resource Officer referenced in Section I above shall include, but are not limited to, the following activities: 71 A. Protecting the safety and welfare of any person within the jurisdiction of the officer, and protecting the property of the District, as required by Texas Education Code § 37.081 (d); B. Patrolling school property during and after school hours; C. Answering calls for assistance from school officials at his or her assigned campus or as otherwise approved by the Chief of Police; D. Making reports on criminal activities and filing of cases with proper authorities; E. Answering calls and facilitating dispute resolution between students, students and school authorities, parents and school authorities, or any other agreed upon disputes; F. Investigating alarms, both burglary and fire; G. Answering calls for assistance with custody disputes; H. Eating with the students several times a month in order to give the students the chance to know the officer as a friend and not someone to distrust; I. Presenting programs to the students and teachers, including programs on drugs, alcohol and other important issues; J. Meeting with the student council, or other similar groups, whenever needed or requested; and K. Providing testimony in student discipline conferences and hearings, as requested by the District. 2.02. Property Damage. To the extent provided by law, the Town of Trophy Club or it's Police Department will not under any circumstances be responsible for any property belonging to the District, it's officers, members, agents, employees, subcontractors, program participants, licensees or invitees, which may be lost, stolen, destroyed or in any way damaged as result of the action or inaction of the School Resource Officer. III. Assignments For the 2008·2009 school year, the School Resource Officer will serve on one of the assigned District campuses on a daily basis as frequently as possible given the requirements of the grant through which the position is partially funded. The grant requires that the School Resource Officer also provide regional assistance as a Juvenile Investigator and those responsibilities may take the officer off-campus while the investigations are ongoing. Investigations that are not related to the requirements of the grant may be undertaken by the School Resource Officer upon the request of the District with prior approval of the Town’s Chief of Police. IV. District Obligations The District shall provide the following: (1) Office space at Medlin Middle School; and (2) Computer, telephone, and other office equipment as needed by the School Resource Officer for the performance of his or her duties hereunder. 72 V. Funding/Consideration Funding for the School Resource Officer shall be provided as follows: In consideration of the services provided and cross promises hereunder, for the school year of 2008-2009, the District shall pay the Town an amount not to exceed TWENTY ONE THOUSAND TWENTY FOUR AND NO/100 DOLLARS ($21,024.00) for the maintenance of the School Resource Officer. Notwithstanding the contribution of funds from the District, the Town shall remain responsible for the balance of the funding required to maintain the officer’s salary and standard Town employee benefits package. At all times under this Agreement, and not withstanding any contribution of funds by the District, the Town shall remain responsible for the withholding of income taxes and Social Security, and for workers compensation, disability benefits and insurance requirements for the School Resource Officer in accordance with the Town’s standard employee benefits package then in existence. The Town will also ensure that the District remains listed as an additional insured on any policy covering the officer's activities and duties. Funding for renewal years, if applicable, shall be negotiated by the parties and documented in a written modification to this Agreement approved by the respective governing body for each party hereto in accordance with the terms of this Agreement. VI. Term The term of this Agreement shall be in effect for the 2008-2009 school year with an initial term of one (1) year commencing on or about August 1, 2008 and ending on or about July 31, 2009 (hereinafter “Initial Term”). After the Initial term, this Agreement may be renewed annually for ten (5) additional terms of one (1) year each by written agreement of the parties approved by their respective governing bodies unless otherwise terminated as provided herein. This Agreement may be terminated by either party upon ninety (30) days written notice prior to the end of the Initial term or any renewal term. VII. Replacement The District may, for cause, request a replacement of the School Resource Officer. Such a request shall be made through the Town’s Chief of Police, shall be in writing and shall set forth the basis for the request. A replacement School Resource Officer shall be provided as soon as possible giving due consideration for the Town’s staffing level and time required to complete the outside hiring process as necessary. The Town shall have the authority to change personnel serving as the School Resource Officer at any time as determined appropriate by the Town’s Chief of Police. In the event that Town changes such personnel for any reason other than termination of the individual serving 73 as School Resource Officer, Town shall provide written notice to District of such personnel change. VIII. Notices Notice to the Town shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Town Manager Town of Trophy Club 100 Municipal Dr. Trophy Club, Texas 76262 Notice to the District shall be accomplished by registered or certified United States Mail, postage prepaid, return receipt requested and address as follows: Superintendent of Schools Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76117 IX. Town Employee The School Resource Officer shall at all times remain an employee of the Town subject to the personnel policies of the Town and General Manual of the Trophy Club Police Department. Subject to Section III of this Agreement, the District shall have the authority to make decisions regarding the officer's placement and schedule while on- duty at the District. In non-emergency situations, the District shall request authorization from the Town’s Police Department if the School Resource Officer is needed outside of the Town of Trophy Club or is needed to perform duties not directly related to the requirements of the grant. Authorization must be provided by either the Chief of Police or his designee. X. Governmental Immunity Neither the Town nor the District waives or relinquishes any governmental immunities or defenses on behalf of themselves, their trustees, officers, employees and agents as a result of the execution of this Agreement and the performance of the functions or obligations hereunder. Both parties agree that the services provided hereunder are exclusively governmental functions. XI. Workers Compensation 74 The Town shall provide, during the term of this Agreement, worker’s compensation insurance in the amounts as required by Texas state law, for all Town employees engaged in work under this Agreement. As to all other insurance provided by Town, it shall provide District with documentation indicating such coverage prior to the beginning of any activities under this Agreement. XII. Miscellaneous 11.01. Venue. This Agreement is made in Texas and shall be construed, interpreted and governed by Texas laws, and venue for any disputes or actions arising hereunder shall be exclusive in Denton County, Texas. 11.02. No Third Party Beneficiaries. By entering into this Agreement, the parties do not intend to create any rights or obligations other then those specifically set forth herein and this Agreement shall not create any rights in persons not a party to this Agreement, including without limitation, any individual serving hereunder as the School Resource Officer. 11.03. Authority to Bind. The undersigned officer and/ or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. 11.04. Modifications. All modifications to this Agreement shall be in writing and approved by the respective governing body for each party. 11.05. Entire Agreement. This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except as otherwise provided herein, cannot be modified without written agreement of the parties as provided herein. 11.06. Non-Waiver. It is agreed that one (1) or more instances of forbearance by CITY in the exercise of its rights herein shall in no way constitute a waiver thereof. 11.07. Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 11.08. Independent Contractor. Each party covenants and agrees that it is an independent contractor and not an officer, agent, servant or employee of the other party; that subject to the terms of this Agreement, Town shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its 75 officers, agents, employees, contractors, subcontractors and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between Town and District. IN WITNESS WHEREOF, the parties have executed this Contract as of the dates shown below their respective signatures. Northwest Independent School District ________________________________ Title: Date: _________________________ ATTEST: ________________________________ APPROVED AS TO FORM: ________________________________ NISD ATTORNEY TOWN OF TROPHY CLUB, TEXAS By:_____________________________ Mayor Nick Sanders Date: _________________________ ATTEST: ________________________________ TOWN SECRETARY 76 APPROVED AS TO FORM: ________________________________ TOWN ATTORNEY 77 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.6 Discuss and take appropriate action nominating candidates to the Denton County Appraisal District Appraisal Review Board. EXPLANATION: The Board of Directors of the Denton County Appraisal District (DCAD) is requesting candidates for possible appointment to the Appraisal Review Board for possible appointment to the Appraisal Review Board. The Town Staff has not heard from anyone interested in serving on this board. RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Denton County Appraisal District Memo 78 79 80 81 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.7 Discuss and take appropriate action regarding the approval of an Agreed Termination of the existing contract between the Town and Intermedix Technologies, Inc. for emergency medical billing services and the approval of a new contract with Intermedix for emergency medical billing and related services. EXPLANATION: In July, 2006, the Town entered into a contract with Intermedix for emergency medical billing and related services. The term of that agreement was for a period of four (4) years, so there are approximately 21 months left on the existing contract. Due to changed circumstances, staff has negotiated a new contract with Intermedix that is more beneficial to the Town. Staff and Intermedix have determined it to be in the best interest of both parties to terminate the existing contract and to execute the new contract for emergency medical billing and related services. RECOMMENDATION: ACTION BY COUNCIL: (dt) Attachments: 1. Chief’s Memo 2. Old Service Agreement 3. Agreed Termination 4. New Service Agreement 82 Trophy Club Fire Department 100 Municipal Drive Trophy Club, Texas 76262 682-831-4630 Fax: 817-491-4630 www.ci.trophyclub.tx.us October 14, 2008 Brandon Emmons, Town Manager Town Council RE: Intermedix Contract In 2006 our department made a change in EMS collection service and went with a Houston based company called Intermedix. Intermedix came highly recommended from several local cities. Their program in collections along with record management is second to none. The reason for the change was to increase our collection return to cover the increase in operation overhead as to the steady inflation on everyday supplies, also a very detailed record management system which includes staff records and detailed financial statements. We are asking to revise the EMS fee schedule to include itemized billing of reasonable and customary charges for supplies and services rendered as defined by insurance companies. This revision will allow improvement in our equipment for better communication, faster documentation and patient record management. Thank You, Danny Thomas Fire Chief 83 84 85 86 87 88 89 90 91 92 93 94 95 AGREED TERMINATION OF SERVICE AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND INTERMEDIX TECHNOLOGIES, INC. This AgreeD TERMInaTION OF THE Service agreement entered into by and between Intermedix Technologies, Inc., (dba ADPI-Intermedix), a Delaware Corporation with principal offices located at 6451 North Federal Highway, Suite 1002, Fort Lauderdale, Florida 33308 (hereinafter “ADPI-Intermedix”), and the Town of Trophy Club (hereinafter “Town”), terminates the Service Agreement by and between the Town and Intermedix, Inc., a Texas corporation with offices at 16225 Park Ten Place Drive, Suite 805, Houston, Texas 77084 (hereinafter “Intermedix”) and executed on or about July 24, 2006 (hereinafter “Service Agreement”). Subsequent to the execution of the Service Agreement, Intermedix was acquired by ADPI-Intermedix who assumed the role of service provider to the Town under the Service Agreement and who by signature below represents its authority to terminate the Service Agreement. The Town and ADPI-Intermedix have agreed to terminate the Service Agreement in accordance with this Agreed Termination. AGREEMENT OF THE PARTIES ADPI-Intermedix is a service company in the business of providing billing, statistical data and related services to its clients. Town is a client of ADPI-Intermedix. Intermedix and its successor ADPI-Intermedix provided services to the Town under the terms of the Service Agreement for approximately twenty-seven (27) months of the initial four (4) year term of the Service Agreement, during which time all parties have enjoyed a mutually beneficial business relationship. Due to changed business circumstances and needs on the part of both parties, Town and ADPI-Intermedix have determined it appropriate to terminate the existing Service Agreement, such termination being effective at midnight on October 31, 2008. ADPI-Intermedix shall provide services based upon the Service Agreement and shall be paid in accordance with the terms of the Service Agreement for all services rendered until midnight on October 31, 2008, and all Town obligations to Intermedix and/or ADPI-Intermedix under the Service Agreement shall cease at midnight on October 31, 2008. Concurrently with the execution of this Agreed Termination, Town and ADPI- Intermedix shall execute a new agreement for billing, statistical data and related services which shall commence at 12:01 a.m. on November 1, 2008 (hereinafter “New Agreement”). ADPI-Intermedix shall provide services to Town based upon the New Agreement and shall be paid in accordance with the terms of the New Agreement. IN WITNESS WHEREOF, the parties hereto agree that it serves their mutual best interests to terminate the Agreement and that cross promises serve as valid consideration for the execution of this Agreed Termination. The parties hereto have executed this Agreed Termination of Service Agreement as of the date below. 96 EXECUTED this ____________day of __________________________________ 2008. WITNESS: _______________________________ Doug Shamon, President Intermedix Technologies, Inc. (dba ADPI Intermedix) _____________________ ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: __________________________ Patricia A. Adams, Town Attorney 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.8 Discuss and take appropriate action regarding an Ordinance amending the Town's FY 2007-08 Budget. EXPLANATION: The purpose of this budget amendment is to ensure that we are in compliance with budgetary guidelines. Generally, the Town will complete two budget amendments each year. The initial budget amendment occurs in March (if needed), and the second occurs in October after the end of the fiscal year. We did not bring a March amendment to Council this year. RECOMMENDATION: Approve. ACTION BY COUNCIL: (SMD) Attachments: 1. Ordinance (Exhibit A will be provided prior to meeting) 149 TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2008-XX AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas Fiscal Year 2007-2008 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend specific line items due to unforeseen situations that have occurred in the Town and impacted those line items; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendments, as set forth in Exhibit “A”, will serve in the public interest and are necessary to support Town operations; and WHEREAS, the Town Council of the Town of Trophy Club, Texas finds and determines that the change in the Budget for the stated municipal purpose serves best interests of the taxpayers, is necessary and warrants action at this time; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT The Town of Trophy Club, Texas, Fiscal Year 2007-2008 Budget is hereby amended to fund the line items as stated in Exhibit “A.” This Amendment No. 1 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2007- 2008 shall be attached to and made part of the Original Budget by the Town Secretary and shall be filed in accordance with State Law. This Ordinance is hereby adopted and shall constitute the first budget amendment that has occurred since the October 1, 2007 effective date of the Town’s Fiscal Year 2007-2008 Budget. 150 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2007-2008 Budget of the Town and shall not repeal any of the provisions of such Ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance; whether such Ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining portions of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 20th day of October, 2008. _______________________________ Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] 151 _______________________________ Town Attorney Town of Trophy Club, Texas 152 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.9 Discuss and take appropriate action regarding the following items proposed by Cities Aggregation Power Project, Inc.: A. A Resolution authorizing Cities Aggregation Power Project, Inc. (CAPP) to negotiate and enter into an electric supply agreement for the Town to purchase power through CAPP for its electrical needs beginning January 1, 2009 through December 31, 2013. B. An Ordinance authorizing the Town's participation in the Cities Aggregation Power Project, Inc. (CAPP) Long-Term Contract for a period up to 24 years and requiring the Town to make a capacity payment equal to its proportionate amount of debt service obligation for capacity under the Power Purchase Agreement between CAPP and Luminant Generation Company, et al. EXPLANATION: This agenda item is divided into two action items. Item A is an action item for approval of a Resolution authorizing CAPP to negotiate and enter into an agreement with FPL Energy and Direct Energy and authorizing the Chairman of CAPP to execute an electric supply agreement on behalf of the Town. The agreement would be effective from January 1, 2009 until December 31, 2013. Item B is an action item for approval of an ordinance authorizing the Town’s participation in the CAPP long-term contract. CAPP has entered into a Power Purchase Agreement (“PPA”) with Luminant Generation Company for approximately 150 MW of baseload power from seven different units over a 24-year period. The proposed ordinance approves the CAPP Member Contract that commits the Town to purchasing electric power to satisfy approximately 60% of the Town’s annual energy needs through the PPA entered into by CAPP and would require Town participation for a period up to 24 years. It would also require the Town to make a capacity payment equal to its proportionate amount of the debt service obligation associated with CAPP’s prepayment obligation under the PPA. 153 RECOMMENDATION: ACTION BY COUNCIL: Attachments: Item A: 1. Memorandum from CAPP 2. Resolution authorizing CAPP to enter contracts with FPL Energy and Direct Energy Item B: 1. Long Term Contract Fact Sheet 2. September 10, 2008 - Memo from CAPP 3. Model Staff Report 4. Energy Sales Contract (Between CAPP and the Town of Trophy Club 5. September 11, 2008 CAPP Correspondence 6. Ordinance Template 7. Long Term Contract Pro-Forma Estimated Capacity/Debt Costs 8. Power Purchase Agreement (Between Big Brown Power Company, LLC, Luminant Generation Company LLC and CAPP 9. October 8, 2008 Correspondence from Lloyd Gooselink’s office 154 ITEM “A” - RESOLUTION AUTHORIZING CITIES AGGREGATION POWER PROJECT, INC. TO NEGOTIATE AND ENTER INTO AN ELECTRIC SUPPLY AGREEMENT FOR THE TOWN TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING JANUARY 1, 2009 THROUGH DECEMBER 31, 2013. 155 Ms. Doyle’s Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com M E M O R A N D U M TO: CAPP Members FROM: Geoffrey Gay Kristen Doyle DATE: October 10, 2008 RE: ACTION NEEDED BY ALL CAPP MEMBERS - Resolution to support locking in electric prices and authorizing contracts with Direct Energy and FPL Energy IMPORTANT NOTICE – PLEASE PLACE THE ATTACHED RESOLUTION ON THE AGENDA FOR COUNCIL CONSIDERATION AT THE NEXT SCHEDULED MEETING. CAPP's current electric contract will expire on December 31, 2008. The CAPP Board has approved indicative electric pricing available through FPL Energy and Direct Energy Business Services (DEBS) for all CAPP members for a five (5) year term beginning January 1, 2009 through December 31, 2013. Energy markets have been falling in response to recessionary pressures and the CAPP Board desires to lock-in very favorable gas based pricing for as long as possible (five years). If members act quickly, CAPP should be able to fix rates for each of the next five years at commodity prices (i.e. excluding non-bypassable wires charges) that range from 8.0 cents (possibly lower) to 8.5 cents per kilowatt hour. This means that CAPP members will lock-in prices for five years that are below electric prices members are currently paying. Adopting this resolution is a necessary step for all CAPP members that will not participate in the long term contract. The contract with FPL Energy and DEBS that will be negotiated and secured as a result of the authority granted by the attached resolution is structured like the energy contracts CAPP has put together for members over the past six years. There is no prepayment of capacity costs or debt allocation associated with this contract. For those members that have passed or are planning to pass an ordinance to participate in the long term purchase power agreement (PPA) with Luminant, you should also take action to pass the attached resolution. FPL Energy will be the wrap energy provider for the power needs not served by the PPA. Because of this and at the Board's instruction to provide added protection for all CAPP members, FPL Energy has agreed to initially secure 100 percent of the power needs for all CAPP members, including those participating in the PPA. For those members participating in the PPA, FPL Energy will allow CAPP/STAP to exercise a one- time option to back out of the FPL Energy contract the portion of energy associated with base load and 156 substitute energy under the Luminant agreement. Although we don't anticipate that CAPP will be unable to issue bonds to fund the prepayment required by the PPA, this added security provided by FPL Energy is critical as we await the full ramifications of the unfolding credit crisis. Explanation of the Contracting Process The contracting process is exactly like the process used the last several contracting periods. Your council will need to approve one of the two attached model resolutions. One resolution (Model Resolution A) authorizes CAPP to act as an agent to negotiate and execute a contract for the member’s electricity needs while the other resolution (Model Resolution B) requires the city to contract with CAPP to purchase power for the member through CAPP and to designate an individual with the power to execute the contract. The resolutions streamline contracting procedures. The resolutions empower the Chairman of CAPP to sign a contract with the selected power provider on behalf of all CAPP members for 2009 - 2013 energy needs. A majority of CAPP members previously authorized the CAPP Chairman to execute the 2007 energy contract on their behalf. Model Resolution A accomplishes that objective for 2009 - 2013. Model Resolution B is to be adopted by those cities whose charters prevent the cities from delegating contracting power to anyone but the mayor or other designated city representative. For those cities, the resolution directs the city to contract with CAPP for the city’s 2009 -2013 electricity needs. In addition, both resolutions reiterate that each member is obligated only for its proportionate share of the contracted load. Every CAPP member should expeditiously adopt one of the two resolutions and provide a copy of the resolution to our office. (To assist you in determining which model resolution your city should adopt this year, the following cities adopted Model Resolution B last contracting cycle: Addison, Allen, Benbrook Library District, Cisco, Colleyville, Colorado City, Comanche, Copperas Cove, Crockett, Denison, Fort Stockton, Highland Park, Irving, Lewisville, Mansfield, North Richland Hills, Odessa, Paris, Richland Hills, Rotan, Saginaw, San Angelo, Sweetwater, and Watauga.) If you have any questions or need more information, please contact Geoffrey (512/322-5875, ggay@lglawfirm.com) or Kristen (512/322-5820, kdoyle@lglawfirm.com). 157 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008- A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE TOWN TO ENTER INTO A CONTRACT FOR ELECTRICITY; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2009; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE TOWN’S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS BEGINNING JANUARY 1, 2009 THROUGH DECEMBER 31, 2013. WHEREAS, the Town of Trophy Club, Texas (Town) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 111 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the Town's current contract for power expires December 31, 2008; and WHEREAS, CAPP members must secure power supplies for 2009 or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, the CAPP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHEREAS, power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member; and WHEREAS, CAPP believes that the pricing opportunity window for favorable 2009 deliveries will be short-lived and that CAPP must be able to commit contractually to prices within a 24-hour period in order to lock-in favorable prices; and 158 WHEREAS, experiences in contracting for CAPP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the Town contracting individually during the same time period; and WHEREAS, suppliers demand assurance that CAPP will pay for all contracted load; and WHEREAS, the Town needs to assure CAPP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through CAPP for the period beginning January 1, 2009, and extending through December 31, 2013; and WHEREAS, CAPP intends to continue to contract with both FPL Energy (power supply) and Direct Energy (billing, administrative and other customer services); and WHEREAS, the current contractual relationships between CAPP and FPL Energy and Direct Energy have been beneficial and cost effective for CAPP members and the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the CAPP Board and its consultants and advisors are agents authorized to negotiate for the Town’s electric power needs as a member of CAPP and to contract for the electric power supply and related, necessary services for the Town for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 2. That the Town approves CAPP contracting with FPL Energy and Direct Energy for the supply of electric power and related, necessary services for the Town for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 3. That the Chairman of CAPP is hereby authorized to sign a Commercial Electric Service Agreement ("CESA") for the Town pursuant to the contract approved and recommended by the CAPP Board of Directors within 24 hours of said approval and recommendation. Section 4. That the Town will budget and approve funds necessary to pay electricity costs proportionate to the Town’s load under the supply agreement arranged by CAPP and the CESA signed by the Chairman of CAPP on behalf of the Town for the term beginning January 1, 2009 and extending up to December 31, 2013. 159 Section 5. That a copy of the resolution shall be sent to Mary Bunkley with the Town Attorney’s office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED AS TO FORM: ____________________________________ Town Attorney, Patricia A. Adams Town of Trophy Club, Texas 160 ITEM “B” AN ORDINANCE AUTHORIZING THE TOWN’S PARTICIPATION IN THE CAPP LONG-TERM CONTRACT FOR A PERIOD UP TO 24 YEARS AND REQUIRING THE TOWN TO MAKE A CAPACITY PAYMENT EQUAL TO ITS PROPORTIONATE AMOUNT OF DEBT SERVICE OBLIGATION FOR CAPACITY UNDER THE POWER PURCHASE AGREEMENT BETWEEN CAPP AND LUMINANT GENERATION COMPANY, ET AL. 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.10 Discuss and take appropriate action regarding an Interlocal Cooperation Agreement for Fire Protection Services between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the Town of Trophy Club. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. Interlocal Cooperation Agreement for Fire Protection Services 315 THE STATE OF TEXAS) COUNTY OF DENTON ) COUNTY OF TARRANT) 2008 INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION SERVICES THIS INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION SERVICES (hereinafter “Agreement”) is made and entered into this ____ day of _________, 2008, by and between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility District No. 2, both districts created pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter referred to as “MUDs 1 and 2”) and the Town of Trophy Club, a Home Rule Municipality, (hereinafter referred to as “Town”). W I T N E S S E T H : WHEREAS, MUDs 1 and 2 is a duly organized political subdivision of the State of Texas engaged in the administration of fire protection and related services for the benefit of those persons residing, traveling within, or being physically located within the boundaries of MUDs 1 and 2 and further without limitation, the incorporated and unincorporated limits of the Town of Trophy Club, Texas; and WHEREAS, MUDs1 and 2 together are owners and operators of certain vehicles and/or other equipment designed to engage in fire-fighting activities and have in their employ such trained personnel whose duties are related to the provision of such services and the operation of necessary vehicles and equipment (hereinafter collectively referred to as “Fire Functions”); and WHEREAS, the provision of Fire Functions is a governmental function that serves the public health and welfare, promotes efficiency and effectiveness of local governments, and is of mutual concern to the contracting parties; and WHEREAS, MUDs 1 and 2 are authorized to perform Fire Functions pursuant to Section 49.351 of the Texas Water Code, the Town is individually authorized to perform Fire Functions pursuant to its police powers, and the parties desire to enter into this Agreement regarding the performance of Fire Functions; and WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter 791, et seq., as amended (the “Act”) provides authority for governmental entities of the State of Texas to enter into Interlocal agreements with each other regarding governmental functions and services as set forth in the Act; and NOW, THEREFORE, Town and MUDs 1 and 2, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows 316 I. Incorporation / Term 1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. 1.02 Term. This Agreement shall be executed by the respective authorized representatives upon approval by each of the respective governing bodies of Town and MUDs 1 and 2, and shall become effective beginning on January 1, 2009 for an initial term of one (1) year ending on January 1, 2010. Such one (1) year initial term shall renew annually for a total of ten (10) consecutive terms of one (1) year each, unless terminated by any party at least sixty (60) days prior to the end of the term. II. Definitions 2.01 As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. “Eligible Persons” shall mean those persons owning property, residing, traveling within, or being physically located within the corporate boundaries of the Town of Trophy Club, Texas and/or MUDs 1 and 2 and shall also include those persons owning property, residing, traveling within, or being physically located within the corporate boundaries of another political subdivision of the State of Texas with whom Town and/or MUD2 and/or MUD1 have a mutual aid agreement to provide fire protection services. B. “Fire-fighting Activities”, “Fire Protection Services”, or “Fire Functions” shall mean any and all of the customary and usual activities of a fire department, including fire suppression, fire prevention, training, safety education, maintenance, communications, photography, and administration. III. Obligations and Rights of the Parties 3.01 Budget and Funding A. Budget The Director of Finance together with the Fire Chief shall prepare a budget for Fire Protection Services. It shall be the responsibility of the Fire Chief to certify that the budget so prepared meets the Fire Protection needs of the Eligible Persons and allows an appropriate level of service. The budget shall be presented to the governing board of the Master District for final approval. The budget shall be presented to the Town Council for input and consideration prior to final approval by the Master District. 317 The approval of Master District under this section shall not be unreasonably withheld. B. Funding MUDs 1 and 2 and the Town shall share the funding of all costs associated with Fire Protection Services provided to Eligible Persons as defined herein, in accordance with the terms of this Agreement. Said funding shall be accomplished as follows: 1) MUDs 1 and 2 shall fund their share of all costs associated with Fire Protection Services provided to Eligible Persons as defined herein, in accordance with the terms of this Agreement through the assessment and collection of an annual Fire Tax on the property owners of MUDs 1 and 2 2) The Town shall fund all costs associated with Fire Protection Services to Eligible Persons by an annual assessment on and collection from Eligible Persons owning real property and improvements thereon located within the Town but not within MUDs 1 or 2 and levied in accordance with the Public Improvement District Act, Chapter 372 of the Texas Local Government Code, as amended; said assessment shall be adopted by Town Council thru the approval of the Annual Service and Assessment Plan for Authorized Services for the Trophy Club Public Improvement District No. 1. If the beneficial assessment determined in the SAP (Service and Assessment Plan) is an amount different from the fire tax of MUD1, the three parties agree to negotiate the reconciliation of the difference. 3) The proportionate share of costs to be paid by each Party hereto in each year of this Agreement shall be determined as follows: For each year of this Agreement, the budget for Fire Protection Services shall consist of the total of the annual budgeted costs for fire protection services as set forth in the budget adopted in accordance with Section 3.01 of this Agreement. This total shall be divided by the total of the assessed values of MUD 1, MUD 2 and the assessed values of real property and improvements thereon owned by Eligible Persons and located within the corporate 0boundaries of the Town but not within MUDs 1 or 2. The proportionate share of the budget attributable to each shall be the proportion which the assessed valuation of each bears to the combined assessed valuations of all three. All funds that are not expended during the course of this agreement will be will be applied to the next year’s budget. Conversely, shortfalls would be due by all three Entities. C. Payment: The funds so assessed and collected shall be combined and shall be disbursed for the Fire Protection of all Eligible Persons, as defined above. Payments from the Town to MUD 1 and MUD 2 for the purpose of Fire Protection Services shall be 318 paid to the Master District due on January 31, 2009 and on January 31 for each successive year in which this Agreement is in effect. Payments will become past due 15 business days after the established due date. IV. Consideration The parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above. Each party hereto paying for the performance of Fire Protection Services shall make such payments from current revenues legally available to the paying party. V. Default / Termination 5.01 In the event that any party hereto breaches any term or condition of this Agreement, this Agreement may be terminated by the aggrieved party if such default is not cured within a period of thirty (30) days after receipt of written notice of default by the party allegedly in breach of its obligations hereunder. At the option of the aggrieved party, if such default is not cured within the thirty (30) day period, this Agreement shall immediately terminate without further notice. VI. Entire Agreement This Agreement represents the entire and integrated agreement between the Town and MUDs 1 and 2 and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by all three (3) parties. 319 VII. Venue The laws of the State of Texas shall govern this Agreement and each of its terms and provisions, including but not limited to, the rights and duties of the parties hereto, and exclusive venue shall be in Denton County, Texas. VIII. 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. IX. 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 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 any party in the enforcement of any such right, remedy or privilege against one or more of the other parties, shall not constitute a waiver of such right, remedy or privilege by the forbearing party. X. Signature Authority The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. 320 EXECUTED in triplicate originals this, the _____ day of ________________, 2008. TOWN OF TROPHY CLUB, TEXAS By____________________________ C. Nick Sanders, Mayor ATTEST: ______________________________ Town Secretary APPROVED AS TO FORM: ______________________________ Town Attorney 321 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By_________________________ Dean Henry, President MUD 1 ATTEST: ______________________________ Constance S White, MUD 1 Secretary APPROVED AS TO FORM: ___________________________ Robert G. West, MUD 1 Attorney TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 By_________________________ Jim Budarf, President MUD 2 ATTEST: ______________________________ James C. Thomas, MUD 2 Secretary APPROVED AS TO FORM: ___________________________ Pam Liston, MUD 2 Attorney 322 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § This instrument was acknowledged before me on the ___ day of ________________, 2008 by C. Nick Sanders, Mayor, Town of Trophy Club, Texas, on behalf of such entity. ________________________________ Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § This instrument was acknowledged before me on the ___ day of __________________, 2008 by Dean Henry, President of TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, on behalf of such corporation. ________________________________ Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the ___ day of __________________, 2008 by Jim Budarf, President of TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, on behalf of such corporation. ________________________________ Notary Public in and for the State of Texas 323 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.11 Discuss and take appropriate action regarding an Ordinance denying the request of Oncor Electric Delivery to increase rates. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (bse) Attachments: 1. Letters from Oncor, Debra Anderson, Director of Regulatory Affairs 2. Tariff Control No. 36228 2. Information Memorandum 3. Resolution 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 BACKGROUND On June 27, 2008 Oncor Electric Delivery Company (“Oncor”) filed a request to increase its transmission and distribution rates by a total of $275 million. The original effective date of August 1, 2008 was suspended until October 30, 2008. The City must act on the rate request by that date or the requested rates go into effect by operation of law. Oncor also filed the same request to increase rates at the Public Utility Commission of Texas (“PUC”). Testimony must be filed by ATOC at the PUC on November 26, 2008. The City is a member of the Alliance of TXU/Oncor (“ATOC”). The Alliance consists of twenty-one municipalities who have joined together to hire experts and analyze Oncor’s requested increase in rates. RECOMMENDATION: There are three principal reasons given by Oncor for filing the request to increase rates, they are: (1) increase depreciation rates; (2) larger storm reserve; and (3) larger pension reserve. ATOC’s experts will not be ready in October to finalize their testimony. However, they are certain that the requested increase in rates is excessive. Based upon this recommendation, ATOC recommends that the City deny Oncor’s request to increase rates. DENIAL OF ONCOR’S REQUEST FOR AN INCREASE IN RATES 348 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS (“TOWN”) DENYING THE RATE INCREASE PROPOSED BY ONCOR ELECTRIC DELIVERY COMPANY, LLC (“ONCOR”); FINDING THAT THE MEETING COMPLIED WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Oncor filed an application with the Town Secretary on June 27, 2008 for an increase in rates of $275 million. The Town has suspended the effective date until October 30, 2008; and WHEREAS, the Town has joined with a coalition of cities known as the Alliance of TXU/Oncor Customers (“ATOC”); and WHEREAS, the application to increase rates by Oncor (“Statement of Intent”) has a been filed at the Public Utility Commission of Texas (“PUC”); and WHEREAS, the date for filing ATOC’s testimony has been set by the PUC for November 26, 2008; and WHEREAS, the experts hired by ATOC have not finished their review of the thousands of pages of responses to discovery; and WHEREAS, it is necessary for the Town to act before October 31, 2008 on Oncor’s rate request; and WHEREAS, the experts hired by ATOC have preliminarily concluded that the size of the rate increase is not justified; and WHEREAS, based upon the preliminary review of the Town’s and ATOC’s experts the requested rate increase should be denied. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The findings set out in the preamble to this Ordinance are in all things approved and adopted. Section 2. The Town hereby denies Oncor’s request to increase rates and in support thereof finds that: 349 The Statement of Intent fails to provide sufficient information to justify the requested increase in rates or to justify the changes set forth in the attached tariffs; As a preliminary matter, the requested increases for depreciation, storm reserve, and pensions appears excessive. Section 3. The Town Secretary shall notify Oncor by sending copy of same to Don J. Clevenger, Oncor Electric Delivery Company LLC, 1601 Bryan Street, Suite 22- 070, Dallas, Texas 75201-3411 and ATOC shall be notified by sending a copy to Jim Boyle, Herrera & Boyle, PLLC, Suite 1250, 816 Congress Avenue, Austin, Texas 78701. Section 4. That the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas on this the 20th day of October, 2008. ________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: ___________________________________ Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: ____________________________________ Town Attorney Town of Trophy Club, Texas 350 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.12 Discuss and take appropriate action regarding the repeal of Resolution No. 2007-15 and the adoption of a new Resolution authorizing participation in various cooperative purchasing programs as authorized by the Town's Procurement Policies and Procedures. EXPLANATION: The Procurement Policies and Procedures recently adopted by the Town Council allow the Town to utilize cooperative purchasing programs with the approval of Town Council. Purchases made through an approved Cooperative Purchasing Program satisfy state law competitive bid requirements. Attached is a resolution approving participation in those programs specifically listed in the resolution. The following is a list of those programs and a brief description of each program for which staff seeks Council approval: Department of Information Resources (DIR) – DIR is an agency of the State of Texas. Among their varied responsibilities, DIR must negotiate volume purchase agreements for quality products and services. All Texas state agencies are eligible to use these agreements. Texas Building and Procurement Commission (TBPC) – TBPC is another state agency whose primary responsibility is to provide goods, services and facilities to the State of Texas. One part of fulfilling this responsibility is to establish term contracts available to all Texas state agencies. Texas Multiple Award Schedules (TXMAS) – TXMAS was established by TBPC- these contracts have been developed from contracts that have been competitively awarded by the federal government or any other governmental entity of any state. Texas Interlocal Purchasing System (TIPS) – TIPS is sponsored by the Region VIII Education Service Center and is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the State of Texas. TIPS has competitively bid their contracts, and has followed the HUB guidelines of the State of Texas. 351 Texas Procurement and Support Services (TPASS) - Texas Procurement and Support Services (TPASS) awards and manages hundreds of statewide contracts on behalf of more than 200 state agencies and 1,700 local government agencies. The Cooperative Purchasing Network – TCPN is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the State of Texas. Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Program – through the Texas Interlocal Cooperation Act, local governments, states, state agencies and non profit corporations providing one or more governmental functions and services have access to contracts developed by H-GAC. Western States Contracting Alliance – WSCA is an alliance of 15 states joining forces to get the quality goods and services at cost effective prices. This program focuses on state governments. Although Texas is not one of the original states forming WSCA, we are eligible for WSCA pricing. US Communities – all government entities are eligible to use US Communities contracts, which focus on high use, high volume items. BuyBoard – the BuyBoard was developed by the Texas Association of School Boards (TASB) along with the Texas Association of Counties and the Texas Municipal League. It is open to all local governments, nonprofits, and other political subdivisions of the state of Texas. School districts must be a member of TASB to participate. US General Services Administration (GSA) - GSA Advantage has been the most reliable and proven source for thousands of Federal purchasers worldwide. GSA Advantage offers the most comprehensive selection of approved products and services from GSA/VA Schedules, as well as all GSA Global Supply products. RECOMMENDATION: ACTION BY COUNCIL: (smd) Attachments: 1. Resolution 352 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2008 - ___ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2007-15 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HIS DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HIS DESIGNEE AND PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town’s participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors of commodities, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town’s participation in these programs is beneficial and should be approved, that Resolution No. 2007-15 should be repealed in its entirety, that this Resolution be adopted, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in such cooperative programs; and 353 WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, the Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town’s participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: Department of Information Resources (DIR) Texas Building and Procurement Commission (TBPC) Texas Multiple Award Schedules (TXMAS) Texas Interlocal Purchasing System (TIPS) Texas Procurement and Support Services (TPASS) The Cooperative Purchasing Network (TCPN) Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC) Western States Contracting Alliance US Communities BuyBoard US General Services Administration (GSA) Section3. The Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. Section 4. The Mayor or his designee is hereby authorized to execute any necessary Agreements for participation in such program(s) according to the terms and conditions set forth in this Resolution and the Town’s Procurement Policies and Procedures. Section 5. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 20th day of October, 2008. 354 ________________________________ 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 355 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.13 Discuss and take appropriate action regarding the name change from Marshall Creek Road to Bobcat Blvd and from Northwest Parkway to Bobcat Blvd. (Previously requested by NISD.) EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Mayor Sanders) Attachments: 1. Request from Dr. Karen Rue 356 357 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.14 Receive a report regarding the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive, discuss and take appropriate action regarding same. EXPLANATION: Skyline Dr. is 31’ BC to BC from Indian Creek to Overhill. From Overhill to end it is 27” BC to BC. RECOMMENDATION: ACTION BY COUNCIL: () Attachments: 1. Information Memorandum 358 MEMORANDUM To: Brandon Emmons, Town Manager Date: October 15, 2008 From: Chief Kniffen Re: Skyline speed survey At your direction, a speed survey and traffic count was conducted on Skyline Drive at various times between November 29th and December 2nd, 2007. On the 29th, the survey was held between 7:00 AM and 9:00 AM in a marked patrol unit and between 4:10 PM and 5:35 PM in an unmarked unit. On the 30th, the survey was held between 7:00 AM and 8:45 AM in a marked unit and between 9:35 AM and 10:45 AM in an unmarked unit. Additional surveys were held beginning at 4:25 PM on November 30th and December 2nd in marked units. The charts and graphs relating to the traffic counts and speeds are attached on the following pages. 359 11/29/07 between 7:00 AM and 9:00 AM (marked unit) 218 vehicles counted Average speed: 23.81 MPH High speed: 31 MPH Low speed: 5 MPH Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 27 86 97 8 218 12.39% 39.45% 44.50% 3.67% Skyline Speed Survey 11/29/07 0700-0900 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 360 11/29/07 between 4:10 PM and 5:35 PM (unmarked unit) 164 vehicles counted Average speed: 24.025 MPH High speed: 31 MPH Low speed: 13 MPH Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 10 80 68 6 164 6.10% 48.78% 41.46% 3.66% Skyline Speed Survey 11/29/07 1610-1735 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 361 11/30/07 between 7:00 AM and 8:45 AM (marked unit) 78 vehicles counted Average speed: 23.256 MPH High speed: 32 MPH Low speed: 15 MPH Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 12 37 28 1 78 15.38% 47.44% 35.90% 1.28% Skyline Speed Survey 11/30/07 0700-0845 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 362 11/30/07 between 9:35 AM and 10:45 AM (unmarked unit) 80 vehicles counted Average speed: 24.416 MPH High speed: 33 MPH Low speed: 14 MPH Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 5 31 38 6 80 6.25% 38.75% 47.5% 7.5% Skyline Speed Survey 11/30/07 0935-1045 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 363 11/30/07 beginning at 4:25 PM (marked unit) 61 vehicles counted Average speed: 23.17 MPH High speed: 33 Low speed: 15 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 10 26 22 3 61 16.39% 42.62% 36.07% 4.92% Skyline Speed Survey 11/30/07 beginning at 4:25 PM Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 364 12/02/07 beginning at 4:25 PM (marked unit) 75 vehicles counted Average speed: 22.622 MPH High speed: 35 Low speed: 15 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 14 35 19 7 75 18.67% 46.67% 25.33% 9.33% Skyline Speed Survey 12/02/07 beginning at 4:25 PM Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 365 Speed survey summary 676 total vehicles counted Average speed: 23.55 MPH High speed: 35 Low speed: 5 Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + Total 78 295 272 31 676 11.54% 43.64% 40.24% 4.59% Skyline Drive Speed Survey Summary Under 20 MPH 20-24 MPH 25-29 MPH 30 MPH + 366 This survey does not support the perception that speeding in excess of the posted 30 MPH speed zone is a frequent problem on Skyline Dr. The roadway design includes several curves which probably contribute to the slower speeds and could be considered a traffic calming method. The curves, however, may make approaching vehicles appear to be going faster than they actually are, leading to the perception that speeding vehicles is a problem. I suspect that continued construction traffic may contribute to this perception. Traffic calming devices that might be recommended include speed tables, speed bumps, or additional signage. It is likely that there would be resistance to the speed tables or bumps. In Section 311.001, the Transportation Code states "A home rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality." It goes on to say, in Section 545.356, that the governing body of a municipality can alter, by ordinance, the prima facie speed limit on a roadway "that is not an officially designated or marked highway or road of the state highway system, is 35 feet or less in width, and along which vehicular parking is not prohibited on one or both sides of the highway, (and) may declare a lower speed limit of not less than 25 miles per hour, if the governing body determines that the prima facie speed limit on the highway is unreasonable or unsafe.” This is limited to roadways that are not four lane roads. The altered speed limit is effective when signs are erected. Due to the frequent curves in the roadway design, some line of sight issues, continued construction, and the presence of youthful pedestrians I would not hesitate to recommend discussion of an ordinance placing a 25 MPH speed limit on Skyline Drive, assuming that it meets all statutory criteria. 367 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.C.15 Items for Future Agenda. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: 1. 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 - Cates) 2. Discuss and receive input regarding an Ordinance amending Article II, ”Traffic and Vehicles” of the Code of Ordinances relating to the State regulations for speed limit reduction and readdress the speed limit and signage on Skyline Drive. (Wilson and Moss – 4/21/08) 3. Town Manager Emmons to report on the sound barrier issues on the east side and TXDOT, and discussion of same. (Wilson) 4. Establish and implement a process for Hotel inspections. (Edstrom added on 1/21/08) 5. Review the Citizen of the Year guidelines, criteria and voting process. (Edstrom – 1/21/08) 6. Discuss and consider options to approve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom – 4/21/08) 7. Discuss and take appropriate action regarding crosswalks going from Summit Cove, crossing Trophy Club Drive to the Country Club (Wilson – 4/21/08) 8. Discuss and take appropriate action regarding a Library Focus Group. (Wilson – 4/21/08) 9. Discuss and take appropriate action real estate signs and their placement on Town right of ways. (Chapter 5, “General Land Use,” Article IV, “Sign Regulations,” Section 4.05, “Temporary Signs,” D, “Real Estate Signs”)(added at 8/18/08 Council Meeting) 10. Staff was directed to review the appropriate uses of CG Zoning regulations. (Sterling - 9/22/08) 368 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 10-20-2008 Subject: Agenda Item No.D.1 Adjourn.