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Agenda Packet TC 12/07/2009Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMMonday, December 7, 2009 Call to order and announce a quorum. Invocation Pledges: 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." 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. PRESENTATION 1.09-503-T Presentation by Tree Board Chair to children for their help with the July 4th Parade and Floats; discussion of same. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. 2.09-458-T Consider and take appropriate action regarding the Minutes dated November 2, 2009. November 2, 2009 Minutes.pdfAttachments: 3.09-459-T Consider and take appropriate action regarding the Minutes dated November 16, 2009. November 16, 2009 Minutes.pdfAttachments: Town Council 1 of 104 Meeting Date: December 7. 2009 December 7, 2009Town Council Meeting Agenda 4.09-512-T Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton County for Ambulance Services. Interlocal Agreement with Denton County for Ambulance Services.pdfAttachments: REGULAR SESSION 5.09-513-T Consider and take appropriate action regarding financial and variance report dated: a. October October 2009 Monthly Financial Statements.pdfAttachments: 6.09-401-T Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute necessary documents. DPS Memorandum of Understanding (2010).pdfAttachments: 7.09-516-T Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road. Cost Share Summary(NW Pkwy)(File 516).pdf Interlocal Agreement - Phase II Northwest Pkwy.pdf Attachments: 8.09-518-T Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to make a supplemental appropriation for the Parks Department budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure. Ord. 2009- Amending FY 2009-10 Budget-Parks.pdfAttachments: 9.09-515-T Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by and between Parker County and the Town of Trophy Club. Interlocal Purchasing Agreement between Parker and the Town.pdfAttachments: 10.09-517-T Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities. 11.09-514-T Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council meeting. 12.09-519-T Items for future Agendas. Items for Future Agendas.pdfAttachments: 13.09-520-T Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUD1 Meeting; discussion of same. 14.09-521-T Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings; discussion of same. Town Council 2 of 104 Meeting Date: December 7. 2009 December 7, 2009Town Council Meeting Agenda EXECUTIVE SESSION 15.09-497-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager, Brandon Emmons. Emmons Contract 12-2008.pdfAttachments: RECONVENE INTO REGULAR SESSION 16.09-499-T Consider and take appropriate action relative to Executive Session Item Number File ID 09-497. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, December 3, 2009 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ___________________________________ Lisa Hennek, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2009 ________________________________, Title: ___________________________ Town Council 3 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-503-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/11/2009 Town Council On agenda:Final action:12/7/2009 Title:Presentation by Tree Board Chair to children for their help with the July 4th Parade and Floats; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 4 of 104 Meeting Date: December 7. 2009 109-503-T Version:File #: Title Presentation by Tree Board Chair to children for their help with the July 4th Parade and Floats; discussion of same. Body Carter Boclair Aidan Boclair Steele Blackwell Ashlyn Parker Dawson Parker Sloane Johnson Olivia Stecker Gage Morgan Town Council 5 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-458-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/4/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding the Minutes dated November 2, 2009. Attachments:November 2, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 6 of 104 Meeting Date: December 7. 2009 109-458-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated November 2, 2009. Town Council 7 of 104 Meeting Date: December 7. 2009 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 2, 2009 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 2, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Susan Edstrom Council Member Kathleen Wilson Council Member Bill Rose Council Member TOWN COUNCIL MEMBERS ABSENT: Glenn Strother Mayor Pro Tem Philip Sterling Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Kathy DuBose Finance Director Carolyn Huggins Planning and Zoning Manager Chris King Building Inspector Mayor White announced the date of November 2, 2009, called to order and announced a quorum at 7:00 p.m. Mayor White announced the absences of Mayor Pro Tem Strother and Council member Sterling. Invocation offered by Fire Chief Thomas. Pledges led by Council member Rose. CITIZEN PRESENTATIONS: No citizens addressed the Council. CONSENT AGENDA All matters listed as Consent Agenda are considered to be routine by the Town Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Minutes dated November 2, 2009 1 Town Council 8 of 104 Meeting Date: December 7. 2009 1. 09-450-T Consider and take appropriate action regarding the Minutes dated October 19, 2009. Motion made by Edstrom, seconded by Wilson to approve the Consent Agenda, Item 1. Motion passed unanimously without any discussion. Time Opened: 7:04 p.m. PUBLIC HEARING 2. 09-409-T Public Hearing to consider an Ordinance amending the Town of Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article V-Supplementary District Regulations, affecting the location of swimming pools. (ADM-09-005) Planning and Zoning Chairman Hill was in attendance. Mayor White stated that the purpose of this item was to define where a swimming pool may be located on a residential lot. On October 21, 2009, the Planning and Zoning Commission heard Staff comments relevant to proposed changes to the Town of Trophy Club Code of Ordinances regarding location of residential swimming pools in rear and/or side yards. The current ordinance, dated 2005, restricts pool locations to the defined rear yard only. This limitation has recently generated a number of variance requests to the Zoning Board of Adjustments. After the hearings, all were granted variances. Additional requests for variance are pending with the ZBA at this time. Following Staff comments and discussion, and by a vote of 5 – 0, (2 members absent), the Commissioners recommend approval of swimming pool location amendments. The recommendation for a 20-foot setback from the building front in a side yard is compliant with the stipulation in the Commissioner’s motion. No citizens addressed the Council. 3. 09-430-T Public Hearing to consider an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to lot size requirements, configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to PD-27. (PD AMD 09 031) No citizens addressed the Council. Time Closed: 7:05 p.m. REGULAR SESSION 4. 09-429-T Consider and take appropriate action regarding an Ordinance amending Town of Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article V Supplementary District Regulations, affecting the location of swimming pools. (ADM-09-005) Minutes dated November 2, 2009 2 Town Council 9 of 104 Meeting Date: December 7. 2009 Planning and Zoning Chairman Hill was in attendance and stated On October 21, 2009, the Planning and Zoning Commission approved 5 – 0, (2 members absent), the Commissioners recommendation Town Manager Emmons stated that due to the number of ZBA requests for residential swimming pools in rear and/or side yards of the house and based on the stringency of the current Ordinance, Staff is requesting approval. Motion made by Edstrom, seconded by Wilson to approve an Ordinance amending Town of Trophy Club Code of Ordinances, Chapter 3-Buildings and Construction, Article XV-Swimming Pools, and Chapter 13-Zoning, Article V Supplementary District Regulations, affecting the location of swimming pools. Council Member Wilson and Mayor White commented that it is good for Council to be proactive considering the number of ZBA requests. Motion passed unanimously without further discussion. 5. 09-431-T Consider and take appropriate action regarding an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to lot size requirements, configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to PD-27. (PD AMD 09 031) Mayor White stated that Planned Development No. 27, Neighborhood 8 was granted zoning approval in April 2007 as a gated community with 3,000 sq. ft. lots for the development of 260 Lot Type 5 single family attached (townhouse) dwellings. The owner is requesting a zoning change for Neighborhood 8 to allow 185 single family detached dwellings to be built on lot sizes of 5,250 square feet (minimum). The specific changes to Planned Development No. 27 ordinance are summarized in the packet. The developer, Mehrdad Moayedi, was in attendance and explained that his request is a result of trying to sell this neighborhood, marketed extensively to builders and has had no luck. By requesting a change to the product (neighborhood) as single family homes, he has a builder ready to buy the lots and begin developing the neighborhood. Council member Edstrom requested the floor space be increase to a minimum of 1,800 sq feet. Mr. Moayedi agreed to the increase. Council member Rose questioned the offset between the well and home sites. Steve Lenart from Lenart Development Company explained that all sites have the required dedicated set backs. Council discussed the Minimum Floor Area, offsets for garages, and additional ‘Gifts to the Street”. Staff explained that green space is not part of the parkland. Council member Rose presented a concept perception of the homes in the Home Town subdivision in North Richland Hills stating that he liked this look. Mr. Moayedi knows this product and appreciates the Home Town subdivision, which is a very different sub-division than the one they designed for the Town. Mayor White commented that the Home Town subdivision is very interesting, but very different to Neighborhood 8. Council Member Edstrom reminded the Council that there is little support for alleys, and suggested the Council deal with the current PD and proposed requests. Minutes dated November 2, 2009 3 Town Council 10 of 104 Meeting Date: December 7. 2009 Planning and Zoning Chairman Hill stated that the Planning and Zoning Commission approved 5:0 on October 21, 2009 with stipulations. The stipulations have been incorporated into the redlined document that was included in Council’s packet. Mr. Lenart advised that the Home Owner’s Association would be responsible for enforcing the deed restrictions and maintaining the green space. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending Ordinance No. 2007-15 P&Z, PD Planned Development District No. 27, The Highlands at Trophy Club, to delete, alter, and/or allow changes to lot size requirements, configuration and amenities for Neighborhood 8, an approximate 52.66 acre tract, and other related miscellaneous changes to PD-27; as recommended by Staff and Planning & Zoning, along with the changes incorporated and provided to Council tonight, including the floor space of 1,800 minimum sq feet, the mandatory offset for the garages and a connector trail behind the open space. Motion passed unanimously without further discussion. 6. 09-451-T Consider and take appropriate action regarding financial and variance report dated: a. August 2009 and September 2009. Motion made by Rose, seconded by Edstrom to approve the financials and variance reports dated August 2009 and September 2009. Town Manager Emmons shared how the economy affected the pool parties and concessions thus resulting in lower revenues. Motion passed unanimously without further discussion. Mayor White reopened Citizen Presentations. John Sczerba, 560 Timber Ridge Drive – Mr. Sczerba stated that as new residents, he and his wife have been met with a lot of unforeseen costs resulting from the Pool Ordinance and flooding issues. The Council suggested Mr. Sczerba schedule a meeting with Town Manager Emmons. 7. 09-444 Consider and take appropriate action regarding the enforcement of House Bill No. 55 relating to the offense of using cell phones in school zones. Staff is requesting Council's direction regarding the installation of signage required for enforcement of the new law. The cost for signage is approximately $550.00. Margi Cantrell, 1105 Sunset Drive, Trophy Club, TX 76262 - Submitted a letter in favor of the enforcement. Town Manager Emmons stated that per Council’s request at their October 19, 2009 meeting, the online survey was implemented on the Town's website on Friday, October 23. Of the 49 people who completed the survey, 71.4% support the Bill and 28.6% do not. Emmons explained the law is ambiguous regarding the enforcement and signs. This will be revised in two years and it will be mandatory. Barbie Kadow, 322 Village Trail- Spoke against the enforcement. Minutes dated November 2, 2009 4 Town Council 11 of 104 Meeting Date: December 7. 2009 Council member Wilson does not advocate too much governance and Council should use governance to protect the most vulnerable, it only takes one child and one time. Wilson stated that she could not bear the responsibility of even one child being hurt in the next two years, should this Council wait two years and until the law mandates the posting of the signs. Council member Edstrom stated that responses received from her constituents support House Bill No. 55. Council member Rose considered the time of transit through the school zones. Rose read a summary comparing cell phone use and drunk driving and stated that he cannot endorse the level of intoxication of a person going thru a school zone while talking on a cell phone. Mayor White understands that there are other distractions; however Council can now control cell phones in school zones given House Bill No. 55. Motion made by Edstrom, seconded by Rose to approve the enforcement of House Bill No. 55 relating to the offense of using cell phones in school zones. The Council suggested Staff create a fact sheet to provide to the school, place on the website and send CTY message. Motion passed unanimously without further discussion. Council took a five-minute break. 8. 09-312-T Consider and take appropriate action regarding an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date. The revisions suggested by Council at their October 19, 2009 have been made to the Ordinance. Staff recommends approval. Council member Edstrom thanked Staff for their diligence. Motion made by Edstrom, seconded by Rose to approve an Ordinance amending the Code of Ordinances by adding Article XVII, entitled Hotel Regulation to Chapter 3, entitled Buildings and Construction, requiring Hotel Permitting, Providing Standards for Permit Holders, and Providing an effective date. Motion passed unanimously without further discussion. 9. 09-453-T Receive a progress report from Council Member Wilson regarding the October 20, 2009 TCMUD1 Meeting; discussion of same. Council member Wilson provided a progress report from the October 20, 2009 TCMUD1 meeting in regard to the following: a. Appointed MUD Director, Joseph Boclair swearing-in b. TML Region VIII Quarterly Meeting co-hosting discussion c. Finance department software needs discussion d. Construction-related gas leaks; regulation request e. Governmental water rate addressed Minutes dated November 2, 2009 5 Town Council 12 of 104 Meeting Date: December 7. 2009 Minutes dated November 2, 2009 6 f. Water tank concerns 10. 09-454-T Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings. Mayor White and Council provided a brief update on training opportunities, educational sessions, upcoming events and regional meetings.  TML Annual Conference  Allied Waste Service 'Republic Services' Dinner  NISD Reads Beck Elementary  Deloitte University Groundbreaking Ceremony  Empowering Seniors ’09 11. 09-455-T Items for Future Agendas. Mayor White added an item to the next meeting’s agenda to discuss the Town’s 25th Anniversary to include an Ad Hoc Committee to plan this event. Mayor White added an item to discus alternatives to Chapter 3 The Code of Ordinances entitled “Buildings and Construction” of Article XV, entitled “Swimming Pools”; by potentially amending section 15.04 (i) “Draining of Swimming Pools”; as it relates to Diatomaceous Earth. Council member Edstrom, requested to see the changes to the Citizen of the Year form and application/timeline process. Council member Wilson requested Item #10 Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. be moved up. Mayor White added an item to discuss the concept of term limits for Committees. Council combined Items #3 - To receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan and Item #11 - Discuss a Planning Session for Comprehensive Land Use. ADJOURN Motion to adjourn made by Wilson, seconded by Rose to adjourn. Meeting adjourned at 9:26 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 13 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-459-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/4/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding the Minutes dated November 16, 2009. Attachments:November 16, 2009 Minutes.pdf Action ByDate Action ResultVer. Town Council 14 of 104 Meeting Date: December 7. 2009 109-459-T Version:File #: Title Consider and take appropriate action regarding the Minutes dated November 16, 2009. Town Council 15 of 104 Meeting Date: December 7. 2009 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, November 16, 2009 7:00 PM Svore Municipal Building Boardroom STATE OF TEXAS § COUNTY OF DENTON § The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, November 16, 2009. The meeting was held within the boundaries of the Town and was open to the public. TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Glenn Strother Mayor Pro Tem Susan Edstrom Council Member Philip Sterling Council Member Kathleen Wilson Council Member Bill Rose Council Member STAFF AND GUEST(S) PRESENT: Brandon Emmons Town Manager Stephen Seidel Assistant Town Manager Lisa Hennek Town Secretary Patricia Adams Town Attorney Scott Kniffen Police Chief Kathy DuBose Finance Director Mayor White announced the date of November 16, 2009, called to order and announced a quorum at 7:02 p.m. Invocation will be offered by Police Chief Scott Kniffen. Pledges will be led by Fire Chief Danny Thomas. CITIZEN PRESENTATIONS: No citizens addressed the Council. REGULAR SESSION 1. 09-378-T Consider and take appropriate action by Resolution, casting all of the Town’s allocated votes (14) and the PID Emergency Services allocated vote (1) for a candidate or candidates to serve as a member of the Denton Central Appraisal District Board of Director. Based on the tax levy for the Town, the Town is allocated a total of fourteen (14) votes and the Trophy Club PID #1 Emergency Services District Town, is allocated a total of one (1) vote to cast for nominated candidate(s) named on the ballot provided by the Chief Appraiser of the Denton Central Appraisal District. Minutes dated November 16, 2009 1 Town Council 16 of 104 Meeting Date: December 7. 2009 Motion made by Edstrom, seconded by Rose to approve the Resolution, casting all of the Town’s allocated votes (14) and the PID Emergency Services allocated vote (1) for Pearl Ford to serve as a member of the Denton Central Appraisal District Board of Directors. Motion passed unanimously without any discussion. 2. 09-395-T Consider and take appropriate action by Resolution, casting the Town’s allocated vote (1) for a candidate to serve as a member of the Tarrant Appraisal District Board of Directors. Mayor White stated that the Town did not receive information from Tarrant County to nominate to TAD. Staff has created reminders and included the receipt of applications to both Denton & Tarrant Counties Board of Directors to the Town’s annual appointments. Motion made by Edstrom, seconded by Strother to approve the Resolution, casting the Town’s (1) vote for John Fegan to serve as a member of the Tarrant Appraisal District Board of Directors. Motion passed unanimously without any discussion. 3. 09-456-T Consider and take appropriate action regarding an Ordinance canvassing the Election held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election returns and declaring Election results of the Special Bond Election for the purpose of approval of the Issuance of General Obligation Bonds. Mayor White stated that the period for Canvas is November 11 – 16, 2009. Town Manager Emmons stated that 928 votes were cast for the Proposition of The Issuance of $5,000,000 General Obligation Bonds for Park, Open Space and Recreation Improvements and Land Acquisition therefor, and the Levying of a Tax in Payment. The Proposition passed 490 for and 438 against. Motion made by Edstrom, seconded by Rose to approve an Ordinance canvassing the Election held on November 3, 2009 in the Town of Trophy Club, Texas; canvassing Election returns and declaring Election results of the Special Bond Election for the purpose of approval of the Issuance of General Obligation Bonds. Motion passed unanimously without any discussion. 4. 09-457-T Consider and take appropriate action regarding an engagement letter to retain the services of Vinson and Elkins as the Town's Bond Counsel to provide bond related legal services for the issuance of the park bonds approved at the November, 2009 Election. Mayor White questioned the services performed prior to election. Town Manager Emmons explained this as a typical fee structure. It is normal for Bond Counsel to work with Staff prior to an election as generally Bond Counsel is paid out of the Bond proceeds. Council member Rose confirmed the $7,500 cap and questioned if the Town would still owe, had the Bond not passed and considering the services were performed without a contract. Town Attorney Adams confirmed that had the Bond not passed, the Town would still have to pay. Minutes dated November 16, 2009 2 Town Council 17 of 104 Meeting Date: December 7. 2009 Motion made by Edstrom, seconded by Wilson to approve an engagement letter to retain the services of Vinson and Elkins as the Town's Bond Counsel to provide bond related legal services for the issuance of the park bonds approved at the November, 2009 Election. Motion passed unanimously without further discussion. 5. 09-466-T Consider and take appropriate action regarding the Citizen of the Year guidelines, criteria and voting process for the 2009 Recipient. Last April, Citizen of the Year Committee (COYC) representatives Pearl Ford and Peggy Sweeney requested the Council to consider expanding the Teenage Category to include a Youth Category for the eligibility for children under the age of twelve. The COYC discussed the categories for each nominee; agreeing that some nominees were submitted in a category not applicable to the definition for that category. The COYC also requested Council provide direction to the Committee’s obligation to recommend a recipient in a particular category, should the nominees not meet the criteria for the category they were nominated. Council member Edstrom requested the form be changed to reflect that nominations need not specify a specific nominating category as the Citizen of the Year Committee has Council’s approval to categorize based on reasons given for nomination. Edstrom would like a Youth and a Teenage Category as just expanding the one category would make the evaluation difficult. Council member Rose said his inclination is to split the category into two due to the level of achievement give the age differences. Mayor Pro Tem Strother recommended expanding the Teenage Category into a Youth Category and giving the Citizen of the Year Committee the authority and flexibility to separate should the nominations merit. Council member Sterling agreed with expanding the category as splitting and creating additional categories diminishes the value. Council member Wilson and Mayor White both agreed with expanding the category. Council’s consensus was to change the Teenage Category to a Youth Category and expand to include citizens 18 years or younger who made a difference in our community or schools. The Council agreed that the Citizen of the Year Committee will have the latitude to split and add another category should the nominations received merit significant reasoning to add another category. Mayor White suggested that neither Elected Officials nor family members be eligible for nomination. Council member Wilson agreed due to appearances. Wilson stated that she had no qualms with the recipients from last year; however the Council needs to stay above the appearance of impropriety. Town Attorney Adams stated that this issue was discussed last year and that the decision was that Elected Officials and Staff member could be nominated for reasons outside of the scope as an Election Official or Staff member, and that they are not eligible for nominations based upon or due to their Staff capacity for the Town. Mayor White reconsidered her suggestion, stating that if Elected Officials or Staff members may be nominated for service not related to their positions for the Town their family should be eligible as well. Council member Sterling cautioned the Council not to lose sight of big picture. Citizen of the Year is supposed to be fun and a recognition of honor. Motion made by Rose, seconded by Wilson to change the Teenage Category to a Youth Category and expand the category to include youth 18 and under. Minutes dated November 16, 2009 3 Town Council 18 of 104 Meeting Date: December 7. 2009 Motion passed unanimously without further discussion. Council member Edstrom requested that the Citizen of the Year Committee be informed that they have the latitude to split and add another category, should the nominations received merit significant reasoning to add another category. 6. 09-465-T Consider and provide direction relative to expanding the scope of the duties of the Tree Board in reference to beautification. Mayor White explained that the Tree Board was created via the adoption of an ordinance that is currently codified as Article VIII, "Tree Preservation and Removal" of Chapter 12, "Subdivision Regulations" of the Code of Ordinances. Section 8.02 (H) sets forth the specific duties and responsibilities of the Board. Should Council desire to expand the scope of the Tree Board's duties and responsibilities, that action will require an amendment to the existing ordinance. A copy of Section 8.02 is provided in the backup. The Tree Board annually reviews the Town's Tree Ordinance and proposed revisions as it determines necessary. Staff seeks the direction of Council regarding future amendments to Article VIII. At Council's request, Staff is proposing that Council consider expanding Tree Board's duties to include advising Town Staff and/or Town Council concerning any issues regarding Town landscaping or Town sponsored displays of artwork or decorations. The Board would hear resident or Staff concerns in these areas and provide advice to Staff to facilitate Staff's resolution of those concerns. Council member Wilson explained that the difference between a Board and Advisory Group in that a Board keeps Minutes. Given the fact that there are only so many trees in Trophy Club, Wilson suggested the Tree Board expand their responsibilities to serve in an advisory capacity regarding the community aesthetics, such as types flowers, holiday decorating, and the holiday lighting contest. Council member Edstrom questioned if this had been discussed with the Tree Board in a formal manner. Edstrom said that the Tree Board needs to be aware that the Council is considering expanding the Board’s scope of the duties. Town Manager Emmons clarified that currently the Tree Board is set up to make recommendations concerning trees. Emmons said that he wanted Council to discuss the potential of expanding the Board’s responsibilities prior to going to the Board. Council member Rose said that he is open to the Tree Board’s input. Rose questioned if the Tree Board would have to change their name, if their scope was expanded. Town Attorney Adams stated that the Town does need a Tree Board given their Tree City status and that additional duties could be added. Mayor Pro Tem Strother asked what Staff suggested. Strother questioned if the Board would become unmanageable if the scope become too broad. The Council agreed that the language regarding the scope and responsibilities of the Tree Board needs to be very clear. The Town Council requested that Town Manager Emmons and Staff discus with the Tree Board. No action taken, direction only. Minutes dated November 16, 2009 4 Town Council 19 of 104 Meeting Date: December 7. 2009 7. 09-464-T Consider and take appropriate action regarding the May 8, 2010 Joint Election Agreement between the Town of Trophy Club and Trophy club Municipal Utility District No. 1. Staff needs to announce the information regarding the May Election in the January Newsletter, this deadline is December 14. Additionally, the following is a new requirement that went into effect September 2009, Deadline to post the Notice of the dates of the filing period for the general election (January 7, 2010). There has been talk of the Town and MUD conducting two separate elections. In order for Staff to prepare accordingly, Council and TCMUD 1 need to decide how Staff should proceed. Council member Rose referred to the four year terms for TC MUD 1 Directors advising that he heard they would be staggered. Motion made by Rose, to approve the May 8, 2010 Joint Election Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1, authorizing the Mayor to modify the agreement, in reference to action approved by TC MUD 1 regarding terms/places for the five MUD Directors. Motion died for lack of second. Town Manager Emmons suggested the following revisions: 5. Early Voting: Early voting, both by personal appearance and by mail, shall be by use of electronic system ballots, which ballots shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voters to vote for three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1 for four (4) year terms each. No elector shall vote for more than (3) three Town of Trophy Club Council Members and five (5) Directors. 6. Ballots: The Town Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the Election shall be by use of electronic system ballots. Preparation of the official ballots for the Election shall conform to the requirements of the Texas Election Code, and in so doing shall permit the voter to vote for three (3) Town of Trophy Club Council Members; Places 3 and 4 for two (2) year terms each and Place 5 for a three (3) year term and five (5) Directors for Trophy Club MUD 1 for four (4) year terms each. No elector shall vote for more than (3) three Town of Trophy Club Council Members and five (5) Directors. Town Attorney Adams advised that the terms/places for the TC MUD 1 Directors need not be specified in the Joint Election Agreement as terms/places will be determined in the TC MUD 1 Order calling the Election. Motion made by Edstrom, seconded by Rose to approve the May 8, 2010 Joint Election Agreement between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1, and striking the the following from Section 5 and 6, for four (4) year terms each. 8. 09-461-T Consider and provide direction regarding the Town’s 25th Anniversary festivities, to include establishing an Ad Hoc Committee to plan this event. Mayor White questioned why the Item was posted for direction only. Town Manager Emmons explained that Staff needs a little more information in order to prepare the appropriate document. Should the Council desire to establish an ad hoc committee a resolution creating the ad hoc committee would be brought back at a subsequent Council meeting. Minutes dated November 16, 2009 5 Town Council 20 of 104 Meeting Date: December 7. 2009 Council member Edstrom questioned if this event would be incorporated into the current events or added as a new event. Edstrom asked Staff’s opinion of adding another Committee, which would require Staff’s oversight and management. Mayor White stated that the recognition of the 25th Anniversary should be year long and posted on the Town’s publications on the website. White commended Staff for their job on the past events and feels that Staff is getting maxed out. White said that more people should be involved in coordinating the festivities of the Town’s 25th Anniversary and that the Town should capitalize on this milestone. Council discussed the Parks Department having to manage another committee and limiting how many people served on the committee. Council discussed the Park Board providing the leadership to a task force who would be responsible for the event. Town Manager Emmons suggested perhaps a committee completely separate from the Town be formed to plan the event; a group of volunteers. Emmons confirmed that this event was not budgeted for and Council would need to consider selling tickets in order to defray costs. Mayor White stated that she will continue to work with Town Manager Emmons and Staff and then come back to Council with a recommendation. 9. 09-473-T Discuss and take appropriate action regarding an ordinance amending Section 2.02(B) entitled "Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II, “Traffic and Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances, designating special speed zones and stop intersections in the Town; providing a penalty not to exceed $200 for violations, and providing an effective date. Town Manager Emmons stated that Council passed Ordinance 2008-38 on December 1, 2008 approving the Stop Signs that were installed in the Highlands development. As a result of new construction, realignment, and name changes to roads, it is necessary to adopt the amendments contained within the Town's Traffic Ordinance. Motion made by Edstrom, seconded by Wilson to approve an ordinance amending Section 2.02(B) entitled "Speed of Vehicles," and 2.03(B) entitled "Stop Signs" of Article II, “Traffic and Vehicles”, of Chapter 10 “Public Safety” of the Code of Ordinances, designating special speed zones and stop intersections in the Town; providing a penalty not to exceed $200 for violations, and providing an effective date, correcting the spelling of Marshall Creek, under 2.03, #165. Motion passed unanimously without further discussion. 10. 09-496-T Council to receive an update on amendments to the Trophy Club PID No. 1 Service and Assessment Plan regarding the changes to the lot category for NH 8, and discussion of the same. Town Manager Emmons provided a brief update explaining that the Service and Assessment Plan needs to be updated to reflect the changes made to PD 27, approved by the Council on November 2, 2009. 11. 09-463-T Receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8, and discussion of same. Minutes dated November 16, 2009 6 Town Council 21 of 104 Meeting Date: December 7. 2009 Town Manager Emmons provided an update stating that the delinquency is a result of a late payment, in the amount of $39,000, by BDMR who is the sole owner of NH8. To date, all assessments have been paid, including the penalties and interest for the late payment. Council member Wilson clarified the amount of the penalties and interest for the late payment. 12. 09-467-T Items for future Agenda. Town Manager Emmons added an item to discuss cancelling the December 21st meeting. Council member Wilson amended #1, Item to receive a report from Town Manager Emmons regarding the sound barrier issues on the east side and conversations with TXDOT, and discussion of same, to add, after Town Manager Emmons’ meeting with Roanoke. 13. 09-468-T Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings. Mayor White provided a brief update on her attendance at the following meetings and events: November Chamber Luncheon Tan Parker Town Hall Heart of North TX Business Conference Metroplex Mayors Chamber’s Best of Northwest Mayor’s Roundtable North TX Super Bowl XLV Host Committee Mayor Pro Tem Strother gave a brief update on ICSC. Council member Edstrom spoke on upcoming TCWC Holiday Events. EXECUTIVE SESSION 14. 09-497-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager, Brandon Emmons. Council Convened into Executive Session at 8:38 p.m. Council Reconvened into Regular Session at 9:56 p.m. RECONVENE INTO REGULAR SESSION 15. 09-499-T Consider and take appropriate action relative to Executive Session Item Number File ID 09-497. No action taken. ADJOURN Minutes dated November 16, 2009 7 Town Council 22 of 104 Meeting Date: December 7. 2009 Minutes dated November 16, 2009 8 Motion to adjourn made by Wilson, seconded by White to adjourn. Meeting adjourned at 9:57 p.m. ____________________________ ___________________________ Lisa Hennek, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council 23 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-512-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton County for Ambulance Services. Attachments:Interlocal Agreement with Denton County for Ambulance Services.pdf Action ByDate Action ResultVer. Town Council 24 of 104 Meeting Date: December 7. 2009 109-512-T Version:File #: Title Consider and take appropriate action ratifying and approving an Interlocal Agreement with Denton County for Ambulance Services. Body The contract is for the Annual Ambulance service for out of District/County calls. Staff recommends approval. Town Council 25 of 104 Meeting Date: December 7. 2009 Town Council 26 of 104 Meeting Date: December 7. 2009 Town Council 27 of 104 Meeting Date: December 7. 2009 Town Council 28 of 104 Meeting Date: December 7. 2009 Town Council 29 of 104 Meeting Date: December 7. 2009 Town Council 30 of 104 Meeting Date: December 7. 2009 Town Council 31 of 104 Meeting Date: December 7. 2009 Town Council 32 of 104 Meeting Date: December 7. 2009 Town Council 33 of 104 Meeting Date: December 7. 2009 Town Council 34 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-513-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding financial and variance report dated: a. October Attachments:October 2009 Monthly Financial Statements.pdf Action ByDate Action ResultVer. Town Council 35 of 104 Meeting Date: December 7. 2009 109-513-T Version:File #: Title Consider and take appropriate action regarding financial and variance report dated: a. October Body The October 2009 monthly financial report is presented in a format that provides the comparison of monthly and year to date actual amounts to the current fiscal year budget. The accompanying variance report provides an explanation of actual fiscal year to date revenues and departmental expenditures which vary more than 10% from the percent of the fiscal year lapsed. Management recommends approval. Town Council 36 of 104 Meeting Date: December 7. 2009 Town Council 37 of 104 Meeting Date: December 7. 2009 Town Council 38 of 104 Meeting Date: December 7. 2009 Town Council 39 of 104 Meeting Date: December 7. 2009 Town Council 40 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-401-T Name: Status:Type:Agenda Item Regular Session File created:In control:9/28/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute necessary documents. Attachments:DPS Memorandum of Understanding (2010).pdf Action ByDate Action ResultVer. Town Council 41 of 104 Meeting Date: December 7. 2009 109-401-T Version:File #: Title Consider and take appropriate action regarding an Interlocal Memorandum of Understanding with the Texas Department of Public Safety for the use of office space at the DPS building; and authorizing the Mayor or her designee to execute necessary documents. Body This is an annual agreement for renewal. Staff recommends approval. Town Council 42 of 104 Meeting Date: December 7. 2009 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”), is entered into as of the 7th day of December, 2009 by and between the Town of Trophy Club (“Owner”) having an address at 100 Municipal Drive, Trophy Club, TX 76262, and the Texas Department of Public Safety (“DPS”). Whereas, the DPS has requested the Town allow it to use a certain portion of a building currently utilized by the Trophy Club Police Department; and Whereas, the Town Council finds it to be in the best interest of public safety to cooperate with the Texas Department of Public Safety; and Whereas, Town Council of the Town of Trophy Club finds that the use of office space within the Trophy Club Police Department building will provide added law enforcement visibility within the Town which will be beneficial to the public and desires to enter into an agreement to authorize such use; and Whereas, the Town Council has determined that the execution of this MOU serves a valid governmental purpose and is beneficial to the general health, safety and welfare of the public. Now Therefore, in consideration of the mutual promises, conditions and covenants passing between the parties hereto, it is understood and agreed by and between the parties to this MOU as follows: This MOU authorizes the Texas Department of Public Safety, as well as any other personnel that support and/or audit the Texas Department of Public Safety, to access and/or use Office Space as designated for such as by the Chief of Police, located at 100 Municipal Drive, in Trophy Club, Texas, including the rights of ingress and egress to the office space and the right to use common areas such as bathroom facilities and parking space, to the extent such common areas are not part of the actual office space (“Office Space”). 1. OWNER’S RESPONSIBILITIES 1.1.1. Providing the Texas Department of Public Safety with the means to access the Office Space, such as the keys and any access codes necessary to enter the Office Space. 2. TEXAS DEPARTMENT OF PUBLIC SAFETY’S RESPONSIBILITIES 2.1.1. Cleaning the Office Space, excluding any common areas. 2.1.2. Providing the necessary furniture and office equipment for the Office Space, excluding any common areas. DPS shall provide all office supplies necessary for DPS operations. 3. CONSIDERATION: As consideration for the use the Office Space, DPS will provide valuable training and expertise on the investigation of motor vehicle accidents to the Trophy Club Police Department. 4. TERMS AND CONDITIONS 4.1. Term -The term of this MOU shall be for a period of one (1) year, commencing on the 21st day of January 2010, and terminating on the 20th day of January, 2011. The parties have the option to renew this MOU for an additional term of one (1) year upon mutual written consent prior to the end of the existing contract term. Either party may terminate this agreement upon at least thirty (30) days written notice. 4.2. Title and Scope of Use: The Texas Department of Public Safety shall have no right, title or interest in the Office Space, except the right to use as detailed herein. However, this Town Council 43 of 104 Meeting Date: December 7. 2009 MOU only authorizes the Texas Department of Public Safety to use the Office Space as expressly set forth herein and only imposes the responsibilities listed in Section#2 above. 4.3. Venue Exclusive venue for any dispute arising out of this MOU shall be Denton County, Texas. 4.4. Choice of Law – This MOU shall be construed and governed by the laws of the State of Texas. 4.5. Severability Clause – If one or more provisions of this MOU, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this MOU and the application of the provision to other circumstances shall remain valid and in full force and effect. 4.6. No liability for employees and officers – Each party to this MOU agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party’s employees, officers or agents, regardless of where the individual’s actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers and agents; however, such responsibility is only to the extent required by Texas law and each party preserves all defenses and liability limitations legally available to it. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity and liability limitations legally available. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. Notwithstanding the foregoing, each third party law enforcement agency or entity providing peace officers or personnel to assist the Texas Department of Public Safety remain liable for the actions of its respective employees. These provisions are solely for the benefit of the parties and not for the benefit of any person or entity not a party to this MOU; nor shall any provision hereof be deemed a waiver of any defenses available by law. 4.7. Non-assignment – Neither party may assign or transfer this MOU or any interest in this MOU without the written consent of the other party. 4.8. Modifications or amendments – No modification or amendment to this MOU shall become effective unless in writing, signed by both parties, and approved by governing bodies as required by law. 4.9. Non-incorporation - This MOU embodies the entire agreement between the parties. There are no oral covenants, agreements, representations, warranties or restrictions between the parties regarding the Office Space. 4.10. Authority: Any individual signing this MOU on behalf of an entity represents and warrants that he has full authority to do so. 4.11. Notice/Contact - Any notice required or permitted under this MOU shall be directed to the respective Parties at the addresses shown below and shall be deemed given: (1) when delivered in hand and a receipt granted; (2) when received if sent by certified mail, return receipt requested; or (3) when received if sent by confirmed facsimile: If to the Texas Department of Public Safety: Captain Bryan Rippee 624 NE Loop 820 Hurst, TX 76053-5211 Office #: 817-299-1312 If to the Town of Trophy Club: G. Scott Kniffen Town Council 44 of 104 Meeting Date: December 7. 2009 Chief of Police 100 Municipal Drive Trophy Club, TX 76262 Office # 682.831.4655 Either of the parties may change its address or designated individual(s) to receive notices by giving the other party written notice as provided above, specifying the new address and/or individual and the date upon which it shall become effective. The undersigned parties bind themselves to the faithful performance of this MOU. FOR THE TEXAS DEPARTMENT OF PUBLIC SAFETY ____________________________ Authorized Signature ____________________________ Title ____________________________ Date FOR THE TOWN OF TROPHY CLUB ____________________________ Connie White ____________________________ Mayor ____________________________ Date Town Council 45 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-516-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road. Attachments:Cost Share Summary(NW Pkwy)(File 516).pdf Interlocal Agreement - Phase II Northwest Pkwy.pdf Action ByDate Action ResultVer. Town Council 46 of 104 Meeting Date: December 7. 2009 109-516-T Version:File #: Title Consider and take appropriate action regarding an Interlocal Cooperation Agreement (Trophy Club, NISD, Roanoke, Denton County) for Phase II of the Northwest Parkway Connector Road. Body Phase I of the Bobcat Boulevard construction project is nearing completion. The main lanes of Bobcat were constructed in Phase I, but they do not connect with Hwy 377. Phase II of the project will construct the highway intersection. The proposed Interlocal Agreement is similar to the one used for the first phase of the project. Trophy Club will serve as project lead and will be responsible for overall management, financial management, and inspections. Denton County will contribute a flat fee of $230,000 and each remaining party will be responsible for a percentage of the project based on the projects impact to that entity. The percentages are the same as in Phase I. It is anticipated that funding for this project will come from the PID Restricted Fund. Town Council 47 of 104 Meeting Date: December 7. 2009 PR O J E C T N A M E : US 3 7 7 I n t e r s e c t i o n I m p r o v m e n t s LF O F S T R E E T : - NO . O F L O T S : - TO W N : Ro a n o k e , T e x a s GR O S S A C R E S : - CR E A T E D B Y : KF S JO B N U M B E R : C3 X 4 3 8 2 6 CR E A T E D : 28 - S e p t - 0 9 CH E C K E D B Y : KF S FI L E N A M E : …2 6 / e d a t a / C o s t S h a r e S u m m a r y PR I N T E D : 28 - S e p - 0 9 RE V I S E D B Y : KF S EN T I T Y A L L O C A T I O N S U M M A R Y TO W N O F TR O P H Y C L U B CE N T U R I O N AM E R I C A N N O R T H W E S T I S D CI T Y O F RO A N O K E TO T A L PE R C E N T A G E O F C O S T ( N O T I N C L U D I N G C A ) : 27 . 9 % 0. 0 % 53 . 5 % 18 . 6 % 10 0 . 0 % SE G M E N T 7 - T X D O T I M P R O V E M E N T S ( H W Y 3 7 7 ) $1 5 5 , 1 7 4 . 9 1 $ 1 5 8 , 5 1 8 . 8 2 $ 2 9 7 , 9 8 6 . 4 5 $ 1 0 3 , 8 1 9 . 8 3 $7 1 5 , 5 0 0 . 0 0 SU B - T O T A L : $1 5 5 , 1 7 4 . 9 1 $ 1 5 8 , 5 1 8 . 8 2 $ 2 9 7 , 9 8 6 . 4 5 $ 1 0 3 , 8 1 9 . 8 3 $ 7 1 5 , 5 0 0 . 0 0 CU R R E N T C O U N T Y F U N D S 2 ($ 2 3 0 , 0 0 0 ) ($6 4 , 0 7 8 ) $0 ($ 1 2 3 , 0 5 1 ) ($ 4 2 , 8 7 1 ) ($2 3 0 , 0 0 0 ) SU B - T O T A L : ($ 6 4 , 0 7 8 ) $0 ($ 1 2 3 , 0 5 1 ) ($ 4 2 , 8 7 1 ) ( $ 2 3 0 , 0 0 0 ) ES T I M A T E D E X P E N S E S H A R E : $ 9 1 , 0 9 6 . 9 3 $ 1 5 8 , 5 1 8 . 8 2 $ 1 7 4 , 9 3 5. 8 2 $ 6 0 , 9 4 8 . 4 3 $ 4 8 5 , 5 0 0 . 0 0 1 CO M M O N - T O - A L L a n d A D D I T I O N A L F U N D I N G a r e a p p l i e d b a s e d o n t h e P E R C E N T A G E O F C O S T f r o m t h e E N T I T Y S P E C I F I C B A S E C O S T S . 2 CU R R E N T C O U N T Y F U N D S a l l o c a t e d t o e n t i t i e s b a s e d P E R C E N T A G E O F B A S E C O S T S ( N O T I N C L U D I N G C A ) . EN T I T Y S P E C I F I C B A S E C O S T S CO M M O N - T O - A L L A D D I T I O N A L P R O J E C T C O S T S 1 AD D I T I O N A L F U N D I N G * ** * T H I S E S T I M A T E H A S B E E N C O M P L E T E D O N L I M I T E D I N F O R M A T I O N A N D S H O U L D B E U S E D * * * ** * F O R P R O J E C T E V A L U A T I O N O N L Y . P R I O R T O M A K I N G F I N A N C I A L C O M M I T M E N T S B A S E D O N * * * ** * T H I S E S T I M A T E , T H E S E N U M B E R S S H O U L D B E V E R I F I E D B Y C A R T E R & B U R G E S S , I N C . * * * I: \ S L D \ C 3 X 4 3 8 \ C 3 X 4 3 8 2 6 \ e d a t a \ C o s t S h a r e S u m m a r y . x l s Ja c o b s E n g i n e e r i n g G r o u p , I n c . Co n f i d e n t i a l Pa g e 1 o f 1 Town Council 48 of 104 Meeting Date: December 7. 2009 DEVELOPMENT AGREEMENT by and between THE TOWN OF TROPHY CLUB, TEXAS THE CITY OF ROANOKE, TEXAS, DENTON COUNTY, TEXAS, and NORTHWEST INDEPENDENT SCHOOL DISTRICT FOR ROAD AND UTILITY IMPROVEMENTS TO NORTHWEST PARKWAY PROPOSED CONNECTOR ROAD STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THIS DEVELOPMENT AGREEMENT, is made and entered into by and between the TOWN OF TROPHY CLUB, TEXAS, a Texas home rule municipal corporation (hereinafter "Trophy Club"), the CITY OF ROANOKE, TEXAS, a home rule municipality (hereinafter “Roanoke”), DENTON COUNTY, TEXAS a political subdivision of the State of Texas (hereinafter “County”), NORTHWEST INDEPENDENT SCHOOL DISTRICT, a Texas independent school district (hereinafter “NISD”). Trophy Club, Roanoke, NISD, and County shall be collectively referred to as “Parties” or individually as “Party.” WHEREAS, this Development Agreement ("Agreement") is for the purpose of providing funding and construction services for the construction of certain road and utility improvements in the City of Roanoke, to connect Bobcat Boulevard at its intersection with Highway 377, Segment 7, as described in Exhibit “A,” hereinafter referred to as the "Project." WHEREAS, CENTURION ACQUISITIONS, LP, a Texas Limited Partnership, (hereinafter “Centurion”) is the owner of real property located in the Town of Trophy Club and the City of Roanoke (the "Property"); and ILA – 377 Connector Road Northwest Parkway November 2009 – Page 1 516615-2 Town Council 49 of 104 Meeting Date: December 7. 2009 WHEREAS, Centurion is developing the Property which is known as the Highlands at Trophy Club; and WHEREAS, Trophy Club and Centurion have entered into a separate Funding and Development Agreement wherein Centurion has agreed to pay for a portion of the Project in consideration for Trophy Club providing various services and funding (hereinafter “Funding and Development Agreement”); and WHEREAS, Chapter 212, Subchapter C of the TEXAS LOCAL GOVT. CODE specifically authorizes municipalities and developers to contract for the construction of public improvements related to a private development; and WHEREAS, the Parties desire to jointly fund construction of the Project in accordance with the terms of this Agreement and the Funding and Development Agreement and desire to memorialize certain agreements regarding the administration of the construction process for the Project, and WHEREAS, the Parties mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act (the “Act”), which authorizes Texas local governments to contract with one or more other local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Pursuant to Texas Government Code, §§ 791.011, 791.028 and 791.032, the Parties agree that the purpose of this Agreement is to ensure that certain governmental functions and services for the Project related to streets, roads and drainage are performed; and WHEREAS, the Parties intend to enter into such interlocal agreements and development agreements as necessary for the funding and construction of the Project, with contributions to the cost of the Project to be made by the Parties in accordance with the terms of this Agreement; and WHEREAS, Texas Transportation Code §251.012 authorizes the County to provide County funding to finance the construction of a street in the County that is located within a municipality and for which the construction work is done by a municipality with the approval of the governing body of the subject municipality; and WHEREAS, the proposed Project is the second part of a previously completed project for the construction of certain road and utility improvements through the Town of Trophy Club and the City of Roanoke undertaken to connect Bobcat Boulevard at its intersection with Highway 377; and WHEREAS, this Project will benefit the citizens of Roanoke and will likewise benefit Trophy Club, NISD, and County by improving traffic flow and access; and ILA – 377 Connector Road Northwest Parkway November 2009 – Page 2 516615-2 Town Council 50 of 104 Meeting Date: December 7. 2009 WHEREAS, the Parties have agreed to the proposed Project and desire to set forth herein their respective responsibilities, obligations and rights relative to the construction and funding of the Project. NOW, THEREFORE, the Parties, in consideration of the mutual covenants and agreements contained herein, do mutually agree and understand as follows: SECTION 1 INCORPORATION 1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. SECTION 2 CONSTRUCTION OF IMPROVEMENTS 2.01 Right of Way. Roanoke shall take all appropriate actions to obtain the necessary right of way for the construction of the Project within its respective territorial boundaries. All necessary right of access shall be obtained prior to the public bidding of the construction contract for the Project by Trophy Club All Parties shall provide the right of access necessary to allow the Project to be constructed. 2.02 Project Management. Trophy Club shall act as Project Manager for the construction of the Project and shall administer and oversee all contracts and construction work for the Project. Trophy Club shall obtain appropriate inspections for the Project. Roanoke has the right to perform any additional inspections that Roanoke deems appropriate and necessary for final approval and acceptance of the Project by Roanoke, in accordance with the terms of this Agreement. The contractor(s) for the Project (hereinafter “Third Party Contractor”) shall be selected through the competitive bid process as authorized by state law and administered by Trophy Club. The bid pricing shall be submitted to the Parties for approval prior to selection of the Third Party Contractor and award of contract for the Project (hereinafter the “Construction Contract”). The contracts for construction of the Project shall be let in the name of the Town of Trophy Club with approval of the Trophy Club Town Council being required for approval and award of the contract for the Project. All change orders for the Project shall be approved by Trophy Club, Roanoke, and NISD prior to such change order taking effect and becoming a part of the Construction Contract. Change orders which do not change the contributions amounts of Trophy Club, Roanoke, and NISD, as specified in Sections 3.03 to 3.05 of this Agreement, may be approved administratively by the Trophy Club Town Manager, Roanoke City Manager, and NISD Superintendent or Assistant Superintendent. Trophy Club Town Manager, Roanoke City Manager, and NISD Superintendent or Assistant Superintendent shall act ILA – 377 Connector Road Northwest Parkway November 2009 – Page 3 516615-2 Town Council 51 of 104 Meeting Date: December 7. 2009 on the change orders within seven (7) days of submission to Trophy Club, Roanoke, and NISD. Failure to act upon said change order within seven (7) days of submission shall constitute approval of the change order. Change orders which request a change in the amount of money to be paid by the Party or Parties to the Third Party Contractor shall be forwarded to the Party or Parties which it affects, and such Party or Parties shall place the change order on the agenda for the next regularly scheduled meeting of its respective governing body. Failure to take action within twenty-five (25) days of the receipt of such change order shall constitute approval of the change order. 2.03 Plans and Specifications – Review and Approval. Pursuant to the Funding and Development Agreement, Trophy Club shall obtain plans and specifications for the Project prepared by Centurion (hereinafter “Project Plans”) and submit the Project Plans to the Parties for approval. The Project Plans shall comply with all requirements of the Town of Trophy Club Design Standards and Construction Specifications, dated March, 2005, a copy of which is incorporated herein by reference (hereinafter “Design Standards”). Trophy Club shall return all comments within thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans. Further, the Parties agree that Roanoke’s Engineer shall be responsible for final approval of the Project Plans and that the Project Plans shall not be released for use until such time as the Roanoke Engineer and Roanoke City Manager have provided their written approval of those Project Plans. The Roanoke Engineer and Roanoke City Manager shall have thirty (30) business days of receipt of the Project Plans, or any amendment to previously approved Project Plans to either approve or deny the Project Plans or proposed amendment. If Roanoke fails to provide comments and/or deny approval of the Project Plans and/or applicable amendments prior to the expiration of the applicable thirty (30) day period, the Project Plans and/or applicable amendments thereto shall be deemed approved by Roanoke. 2.04 Construction Standards and Inspection. The Project shall be constructed and inspected in accordance with applicable state law and Trophy Club ordinances regulating construction and development, including without limitation the Design Standards, and the provision of a payment and performance bond in accordance with Section 2253.021 of the Texas Government Code, as amended. Roanoke agrees that the Design Standards shall be applicable to the Project . Inspection of the Project to confirm compliance with applicable requirements will be either by a third-party inspector or in-house inspector selected by Trophy Club. 2.05 Final Acceptance and Maintenance of Project. Roanoke understands and agrees that as Project Manager and as the entity contracting with the Third Party Contractor constructing the Project, Trophy Club will be ILA – 377 Connector Road Northwest Parkway November 2009 – Page 4 516615-2 Town Council 52 of 104 Meeting Date: December 7. 2009 required to make a determination whether final acceptance under the Construction Contract is appropriate. Upon notification from Roanoke that Roanoke has approved final acceptance of the Project and upon determination by the Trophy Club Engineer that the Project complies with all Project Plans, the Town Engineer shall recommend that Trophy Club issue final acceptance of the Project for purposes of fulfilling its contractual obligations to the Third Party Contractor and its obligations under this Agreement as Paying Agent. The maintenance period for the entire Project shall commence on the date that Trophy Club issues appropriate final acceptance documentation under the Construction Contract to the Third Party Contractor. Trophy Club shall not issue final acceptance in phases, segments, or units. Upon completion and final acceptance of the Project, Roanoke shall be responsible for maintenance of Project improvements. SECTION 3 COST PARTICIPATION 3.01 Paying Agent. As Project Manager, Trophy Club agrees to and shall act as the paying agent for the Parties for making periodic payments and for other payment purposes under the Construction Contract. Cost participation shall be in accordance with the terms of this Paragraph. Trophy Club shall establish an account designated and used exclusively as the repository for funds for the Project (hereinafter “Construction Fund”). Within thirty (30) days after the award of a contract for the construction of the Project, Trophy Club, Roanoke, and NISD shall deposit their respective share of the costs of the Project into the Construction Fund. Trophy Club, Roanoke, and NISD shall be entitled to accrued interest earned upon their respective share of the Construction Fund. Payments by County shall be made in accordance with Sections 3.02 and 3.07 of this Agreement. Trophy Club shall remit accrued interest earned on the Construction Fund to Roanoke and NISD on a monthly basis, and Trophy Club shall be entitled to withdraw the accrued interest on Trophy Club’s portion of the Construction Fund on a monthly basis. The respective share of any accrued interest shall be determined by contribution amounts specified in Paragraphs 3.03, 3.04, or 3.05 of this Agreement as appropriate divided by the sum total of the contribution amounts specified in Paragraphs 3.03, 3.04, and 3.05 of this Agreement. 3.02 Cost Sharing/Cost Overrun. Costs of the Project shall be divided among Trophy Club, Roanoke, and NISD in the same proportion as the amount contributed by each Party bears to the total estimated cost of the Project, as such proportion is specifically identified in Exhibit “B,” a copy of which is attached hereto and incorporated herein (hereinafter “Proportionate Share”). As more specifically described in Paragraph 3.07 below, County shall contribute a sum in the amount of Two Hundred and Thirty Thousand and No/100 Dollars ($230,000.00) to the cost of the ILA – 377 Connector Road Northwest Parkway November 2009 – Page 5 516615-2 Town Council 53 of 104 Meeting Date: December 7. 2009 Project (hereinafter “County Contribution”). Centurion shall contribute a lump sum in the amount of One Hundred Fifty Eight Thousand Five Hundred and Eighteen and 82/100 Dollars ($158,518.82) towards the cost of the Project (hereinafter “Centurion Contribution”), as set forth in the Funding and Development Agreement. The total estimated cost of the Project is Seven Hundred Fifteen Thousand and No/100 Dollars ($715,000.00), which total includes contingencies in accordance with Exhibit “B” (hereinafter “Engineer’s Probable Cost Opinion (Entity Allocation Summary)”). The County Contribution shall be a credit against the Proportionate Share due from Trophy Club, Roanoke, and NISD as more specifically described in Paragraph 3.08 below. Cost Overrun (defined below) shall be shared among the Parties in accordance with Paragraph 3.08 of this Agreement 3.03 Trophy Club. In performance of this Agreement, Trophy Club, as evidenced by the signature of its representative below, affirms that the governing body of Trophy Club approves of the expenditure of Trophy Club funds to participate in the funding of the Project in an amount not to exceed Ninety-One Thousand and Ninety Six and 93/100 Dollars ($9,096.93) for the Project, except as provided below, in order to pay Trophy Club’s portion of the Project as established by the Engineer’s Probable Cost Opinion. Trophy Club’s Financial Officer has certified as part of this Agreement that Trophy Club has the such sum in its budget to be expended for this Project. Trophy Club agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.04 Roanoke. In performance of this Agreement, Roanoke, as evidenced by the signature of its representative below, affirms that the governing body of Roanoke approves of the expenditure of Roanoke funds to participate in the funding of the Project in an amount not to exceed Sixty Thousand Nine Hundred Forty Eight and 43/100 Dollars ($60,948.43) except as provided below, in order to pay Roanoke’s portion of the Project as established by the Engineer’s Probable Cost Opinion. Roanoke’s Financial Officer has certified as part of this Agreement that Roanoke has such sum in its budget to be expended for this Project. Roanoke agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.05 NISD. NISD, as evidenced by the signature of its representative below, affirms that the governing body of the NISD approves of the expenditure of NISD funds to participate in the funding of the Project in an amount not to exceed One Hundred Seventy Four Thousand Nine Hundred Thirty Five and 82/100 Dollars ($174,935.82) for the Project except as provided below, in order to pay NISD’s portion of the Project as established by the Engineer’s Probable Cost Opinion. The foregoing sum is part of the ILA – 377 Connector Road Northwest Parkway November 2009 – Page 6 516615-2 Town Council 54 of 104 Meeting Date: December 7. 2009 remaining balance of the One Million Four Hundred Ninety Two Thousand Three Hundred Eighteen and 88/100 Dollars ($1,492,318.88) originally approved by the NISD Board on May 27, 2008 as NISD’s contribution to the cost of constructing and improving Bobcat Boulevard to its connection with Highway 377. NISD’s total combined cost for the completed portion of the Bobcat Boulevard improvements and this Project shall not exceed the original NISD approved amount of One Million Four Hundred Ninety Two Thousand Three Hundred Eighteen and 88/100 Dollars ($1,492,318.88). NISD’s Financial Officer has certified as part of this Agreement that NISD has such sum in its budget to be expended for this Project. NISD agrees to pay its Proportionate Share of such Cost Overrun for the Project in accordance with the terms of Paragraph 3.08 of this Agreement. 3.06 Approval of County Funds for Road Project within Trophy Club and Roanoke. As evidenced by the signature of the respective representatives for Trophy Club and Roanoke below, the respective governing bodies of Trophy Club and Roanoke each have approved the expenditure of County money to participate in the funding of the Project in an amount of Two Hundred Thirty Thousand and No/100 Dollars ($230,000.00). 3.07 County. In accordance with the terms of this section, County agrees to tender payment to Trophy Club as Paying Agent in the amount of Two Hundred Thirty Thousand and No/100 Dollars ($230,000.00) for its portion of the funding of the Project (hereinafter “County Contribution”). As Trophy Club proceeds with the completion of the Project, Trophy Club shall submit invoices for reimbursement to the Denton County Auditor, James Wells, 401 W. Hickory Street, Suite 423, Denton, Texas 76201, on a monthly basis, and County shall reimburse Trophy Club for all approved expenses related to the Project within thirty (30) calendar days of receipt of an invoice from Trophy Club, provided that all expenditures are made in a manner which is consistent with the terms of this Agreement. Upon satisfactory completion of the Project, County and Trophy Club shall prepare and complete a full audit of the Project. Trophy Club shall submit a copy of all invoices to Mr. John Polster, c/o Innovative Transportation Solutions, Inc., 2701 Valley View lane, Farmers Branch, Texas 75234 at the same time invoices are submitted to the Denton County Auditor. As evidenced by the signature of its representative below, County represents and warrants that its funding source is approved by the Denton County Commissioner’s Court. County’s Financial Officer has certified as ILA – 377 Connector Road Northwest Parkway November 2009 – Page 7 516615-2 Town Council 55 of 104 Meeting Date: December 7. 2009 part of this Agreement that County has such sum in its budget to be expended for this Project. 3.08 Application of County Contribution / Construction Fund Excess / Cost Overrun. The County Contribution shall be applied as a credit against the Proportionate share of funding provided by Trophy Club, Roanoke, and NISD in proportion to their Proportionate Shares. . In the event that the Engineer’s Probable Cost Opinion for the Project is more than the actual cost of the Project, then Trophy Club, Roanoke, and NISD shall each receive a refund based upon their Proportionate Share of the Project. In the event that the Engineer’s Probable Cost Opinion for the Project is less than the actual cost of the Project awarded in the Construction Contract (“Cost Overrun”), and to the extent allowed by law, Trophy Club, Roanoke, and NISD shall each pay its Proportionate Share of such Cost Overrun. SECTION 4 MISCELLANEOUS 4.01 Term. This Agreement shall become effective upon approval by each of the respective governing bodies of Trophy Club, Roanoke, NISD, and County and upon execution by each of their respective authorized representatives. The Parties recognize that the Project to be constructed hereunder is a capital improvement project; therefore, this Agreement shall remain in effect for an initial term of one (1) year after execution by all Parties (hereinafter “Initial Term”). Upon the expiration of the Initial Term, this Agreement shall automatically renew for one (1) additional term of one year (1) unless terminated by written notice provided to all Parties at least sixty (60) days prior to the expiration of the Initial Term. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the agreements of the Parties set forth above and other good and valuable consideration paid and services received pursuant to this Agreement. Each of the Parties hereto paying for the performance of governmental functions or services shall make such payments only from current revenues legally available to the paying party. Each of the Parties further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. 4.03 Termination And Release. Anything contained herein to the contrary notwithstanding, upon satisfactory completion by the Third Party Contractor and final acceptance of the Project by Trophy Club and Roanoke, and further, upon final payment to Third Party Contractor for the Project by Trophy Club, as Paying Agent, this Agreement shall automatically terminate without further action being required of the Parties. ILA – 377 Connector Road Northwest Parkway November 2009 – Page 8 516615-2 Town Council 56 of 104 Meeting Date: December 7. 2009 4.04 Non Waiver. All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and the election by a Party of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege for that Party. Additionally, one instance of forbearance by the any party in the enforcement of any such right, remedy or privilege against another Party, shall not constitute a waiver of any other or such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. 4.05 Amendment. This Agreement may not be amended or modified unless such amendment or modification is in writing and signed by an authorized representative of each of the Parties hereto. Additionally, any such amendment or modification signed by the Parties shall only be valid if done pursuant to the vote of the respective governing body of each Party authorizing such amendment or modification to this Agreement. 4.06 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Parties hereto. 4.07 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Agreement may not be modified or amended except in writing mutually approved in accordance with Paragraph 4.05 herein. 4.08 Notices. Written notice shall be deemed effective as of the date of posting with the United States mail service. All notices hereunder shall be given in writing by certified mail, postage prepaid, return receipt requested, at the following addresses for each Party: Trophy Club: Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attention: Brandon Emmons, Town Manager Roanoke: City of Roanoke 108 S. Oak Street Roanoke, Texas 76262 ILA – 377 Connector Road Northwest Parkway November 2009 – Page 9 516615-2 Town Council 57 of 104 Meeting Date: December 7. 2009 Attention: Jimmy Stathatos, City Manager NISD: Northwest Independent School District P.O. Box 77070 Fort Worth, Texas 76177 Attention: Dennis McCreary, Assistant Superintendent County: Denton County, Texas c/o Denton County Judge Courthouse on the Square 110 W. Hickory Street, 2nd Floor Denton, Texas, 76201 Attention: Honorable Andy Eads With copy to: Denton County District Attorney’s Office Attention: Civil Division 1450 East McKinney Street, Suite 3100 Denton, Texas 76209 4.09 Applicable Law / Venue. This Agreement is entered into under and made pursuant to, and is to be construed and enforceable in accordance with the laws of the State of Texas. Exclusive venue for any action to enforce or construe this Agreement shall lie in Denton County, Texas. 4.10 Immunity. The fact that the Parties individually and/or collectively accept certain responsibilities relating to Project under this Agreement as part of their responsibility for providing the public infrastructure set forth in this Agreement makes it imperative that the performance of the obligations imposed under this Agreement be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither Trophy Club, Roanoke, NISD or County waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 4.11 Severability. In the event that any portion of this Agreement shall be found by a court of competent jurisdiction to be contrary to law, it is the intent of the Parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the extent possible. ILA – 377 Connector Road Northwest Parkway November 2009 – Page 10 516615-2 Town Council 58 of 104 Meeting Date: December 7. 2009 4.12 Relationship of Parties. The Parties intend that Trophy Club, Roanoke, NISD and County, in performing their obligations hereunder, shall act as independent parties and shall each have control of their respective obligations and the manner in which its obligations are performed. Neither Trophy Club, Roanoke, NISD or County, or their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of one or more of the Parties hereto, shall be considered an agent or employee of any other Party hereto. Each of the Parties agrees to and accepts full responsibility for the acts, negligence and/or omissions of their respective employees, contractors, agents, representatives, or any other person(s) operating under this Agreement on behalf of such Party. 4.13 No Third Party Beneficiary. This Agreement is not intended to effect or create any additional rights or obligations on the part of third parties who are not a signatory to this Agreement. 4.14 Construction of Document. This Agreement is a negotiated document and shall be deemed drafted equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. 4.15 Force Majeure. None of the Parties hereto shall be required to perform any term, condition, or covenant in this Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of such Party and which by the exercise of due diligence such Party is unable, wholly or in part, to prevent or overcome. 4.16 Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. EXECUTED as of the ______ day of ________________________, 2009. TOWN OF TROPHY CLUB, TX By:_____________________________ Connie White, Mayor ATTEST: ILA – 377 Connector Road Northwest Parkway November 2009 – Page 11 516615-2 Town Council 59 of 104 Meeting Date: December 7. 2009 ____________________________ Lisa Hennek, Town Secretary APPROVED AS TO FORM: _____________________________ Patricia A. Adams, Town Attorney EXECUTED as of the ______ day of ________________________, 2009. CITY OF ROANOKE, TX By:_____________________________ Carl E. Gierisch, Jr., Mayor ATTEST: ____________________________ April Hill, City Secretary APPROVED AS TO FORM: _____________________________ Jeff Moore, City Attorney DENTON COUNTY, TX By:_______________________________ Denton County Commissioner, Andy Eads ATTEST: ILA – 377 Connector Road Northwest Parkway November 2009 – Page 12 516615-2 Town Council 60 of 104 Meeting Date: December 7. 2009 ____________________________ County Clerk APPROVED AS TO FORM: _____________________________ County Attorney EXECUTED as of the _____ day of ____________________, 2009. NORTHWEST INDEPENDENT SCHOOL DISTRICT By:________________________ ATTEST: ____________________________ Title: ___________________ APPROVED AS TO FORM: _____________________________ NISD Attorney ILA – 377 Connector Road Northwest Parkway November 2009 – Page 13 516615-2 Town Council 61 of 104 Meeting Date: December 7. 2009 EXHIBIT A PROJECT (Next Page) ILA – 377 Connector Road Northwest Parkway November 2009 – Page 14 516615-2 Town Council 62 of 104 Meeting Date: December 7. 2009 ILA – 377 Connector Road Northwest Parkway November 2009 – Page 15 516615-2 Town Council 63 of 104 Meeting Date: December 7. 2009 EXHIBIT B ENGINEER’S PROBABLE COST OPINION. (ENTITY ALLOCATION) ILA – 377 Connector Road Northwest Parkway November 2009 – Page 16 516615-2 Town Council 64 of 104 Meeting Date: December 7. 2009 ILA – 377 Connector Road Northwest Parkway November 2009 – Page 17 516615-2 Town Council 65 of 104 Meeting Date: December 7. 2009 ILA – 377 Connector Road Northwest Parkway November 2009 – Page 18 516615-2 Town Council 66 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-518-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to make a supplemental appropriation for the Parks Department budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure. Attachments:Ord. 2009- Amending FY 2009-10 Budget-Parks.pdf Action ByDate Action ResultVer. Town Council 67 of 104 Meeting Date: December 7. 2009 109-518-T Version:File #: Title Consider and take appropriate action regarding an Ordinance amending the FY 2009-2010 Budget to make a supplemental appropriation for the Parks Department budget (Medians/Common Areas Property Maintenance line) for FY 2009-2010 as a result of a refund of a prior year expenditure. Body Section 9.06(a) of the Town Charter provides: (a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. The Town paid a contractor $2,900.00 from the 2008-2009 budget to perform work on the repair/replacement of the marquee located on Trophy Wood Drive. The $2,900.00 was one-half of the total cost of those repairs. The contractor notified the Town in November, 2009 that he would be unable to provide those services and refunded the $2,900.00 payment to the Town. Exhibit "A" to the ordinance is a certification by the Town Manager that the $2,900.00 is revenue in excess of that estimated in the 2009-2010 budget and recommends that those funds be appropriated for the Medians/Common Areas - Property Maintenance line of the Parks Department budget for use in the repair/replacement of the marquee on Trophy Wood Drive. t will come from the PID Restricted Fund. Town Council 68 of 104 Meeting Date: December 7. 2009 TOWN OF TROPHY CLUB ORDINANCE NO. 2009-____ AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2009-2010 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT (BUDGET AMENDMENT NO. 1 MAKING A SUPPLEMENTAL APPROPRIATION IN ACCORDANCE WITH THE TOWN CHARTER); 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 2009-2010 Budget was adopted within the time and in the manner required by State Law; and WHEREAS, in that Budget, the Town Council appropriated funds for various expenditures based upon estimated revenues that the Town anticipated during the current fiscal year; and WHEREAS, in September, 2009, the Town paid a contractor the sum of $2,900.00 to perform work for the Parks and Recreation Department with funds that were appropriated in the Town’s FY 2008-2009 Budget; and WHEREAS, in November, 2009, the contractor notified the Town that it would be unable to provide the contracted service and refunded the $2,900.00 previously paid to contractor by the Town for the completion of those services; and WHEREAS, as a result of the return of money from the contractor, the Town received an additional $2,900.00 in revenues in the FY 2009-2010 Budget, which revenues are in excess of those estimated in the FY 2009-2010 Budget; and WHEREAS, Section 9.06 (a) of the Town Charter provides for supplemental appropriations if during the fiscal year the Town Manager certifies that revenues in excess of those estimated in the budget are available for appropriation; and ORDINANCE NO. 2009- 1 Town Council 69 of 104 Meeting Date: December 7. 2009 WHEREAS, upon a certification of excess revenues by the Town Manager, the Council by ordinance may make supplemental appropriations for the year up to the amount of the excess revenues; and WHEREAS, as a result of the refund by contractor, the Town Manager has certified that there are available for appropriations $2,900.00 in excess revenues above those estimated in the FY 2009-2010 Budget, a copy of the Town Manager’s Certification is attached hereto and incorporated herein as Exhibit “A”; and WHEREAS, the Town Council accepts the Town Manager’s certification and recommendation and finds that the services originally contracted for by the Parks and Recreation Department are still necessary and therefore determines it appropriate to approve this Ordinance making a supplemental appropriation of $2,900.00 as an amendment to the FY 2009-2010 Budget as more specifically set forth in Exhibit “B”, attached hereto; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the FY 2009-2010 Budget as set forth in Exhibit “B” due to the receipt of additional revenues; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “B”, will serve in the public interest and is 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 2009-2010 Budget is hereby amended to provide for a supplemental appropriation in the amount of $2,900.00 as set forth in Exhibit “B”, a copy of which is attached hereto and incorporated herein. This Amendment No. 1 (Exhibit “B”) to the Original FY 2009-2010 Budget ORDINANCE NO. 2009- 2 Town Council 70 of 104 Meeting Date: December 7. 2009 of the Town of Trophy Club, Texas, for the Fiscal Year 2009-2010 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, 2009 effective date of the Town’s Fiscal Year 2009-2010 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2009-2010 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 7th day of December, 2009. _______________________________ Mayor, Connie White ORDINANCE NO. 2009- 3 Town Council 71 of 104 Meeting Date: December 7. 2009 Town of Trophy Club, Texas ATTEST: _________________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Patricia Adams, Town Attorney Town of Trophy Club, Texas ORDINANCE NO. 2009- 4 Town Council 72 of 104 Meeting Date: December 7. 2009 Town Council 73 of 104 Meeting Date: December 7. 2009 ORDINANCE NO. 2009- 6 Exhibit “B” Town of Trophy Club   Budget Amendment No. 1      Fiscal Year 2009‐2010 General Fund Revenue and Expenditure Budget  Increases of $2,900 for median improvements.                                           Original Budget    Amendment     Amended Budget      Revenue:  Refund of Prior Year   Expenditure                           $         ‐0‐             $ 2,900                   $ 2,900    Expenditure:  Medians/Common Areas –  Property Maintenance $      61,750           $ 2,900                 $ 64,650    Town Council 74 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-515-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by and between Parker County and the Town of Trophy Club. Attachments:Interlocal Purchasing Agreement between Parker and the Town.pdf Action ByDate Action ResultVer. Town Council 75 of 104 Meeting Date: December 7. 2009 109-515-T Version:File #: Title Consider and take appropriate action regarding an Interlocal Cooperative Purchasing Agreement by and between Parker County and the Town of Trophy Club. Body Two Chevrolet Tahoe Police vehicles were budgeted in the FY 2009-10 budget. The Police Department is able to piggy- back on the Parker County Competitive bid that was awarded to Reliable Chevrolet in Richardson upon approval of an Interlocal Agreement by both parties. The pricing found in this bid is less than that found on the Comptrollers web site. Upon approval the Police Department will work with Finance to obtain the best source of funding for these vehicles which are priced at $24,152 each. With factory installed equipment the vehicles will be $25,060 each. Staff respectfully requests approval for the Interlocal Agreement between the Town of Trophy Club and Parker County. Town Council 76 of 104 Meeting Date: December 7. 2009 1 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BY AND BETWEEN PARKER COUNTY, TEXAS AND TOWN OF TROPHY CLUB, TEXAS THIS AGREEMENT is made and entered into by and between PARKER COUNTY, a political subdivision of the State of Texas, and TOWN OF TROPHY CLUB, a political subdivision of the State of Texas. WHEREAS, Section 271.102, Local Government Code, allows local governments to participate in cooperative purchasing programs which allows the local governments to purchase from a contract currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements; and WHEREAS, PARKER COUNTY currently has a contract for products and/or services, a copy of each such contract is attached to this agreement collectively as Exhibit “A” and each such existing contract between PARKER COUNTY and the respective vendor is made a part of this agreement as if recited herein verbatim; and, TOWN OF TROPHY CLUB has a need for same and desires to enter into a Cooperative Purchasing Agreement with PARKER COUNTY pursuant to Chapter 271 et seq. (Cooperative Purchasing Program), Local Government Code in order to make purchases for products and/or services provided by such vendors; and WHEREAS, TOWN OF TROPHY CLUB agrees to prepare, execute, and administer its own contract with the vendor and PARKER COUNTY shall not be a party to TOWN OF TROPHY CLUB’S agreement with the vendor. NOW, THEREFORE, PARKER COUNTY and TOWN OF TROPHY CLUB, for the mutual consideration hereinafter stated, agree as follows: Town Council 77 of 104 Meeting Date: December 7. 2009 2 1. EFFECTIVE DATE The effective date of this Agreement shall be effective upon execution by the parties. II. DUTIES OF TOWN OF TROPHY CLUB TOWN OF TROPHY CLUB agrees to prepare, execute, and administer its own contract with the vendor and PARKER COUNTY shall not be a party to the agreement with the vendor and the other governmental entity. PARKER COUNTY shall have no obligations for payment to vendor for any services or goods incurred by any party other than PARKER COUNTY. Any payments owed the vendor for services or goods shall be paid directly by TOWN OF TROPHY CLUB. TOWN OF TROPHY CLUB will be responsible for the vendor’s compliance with provisions relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement with the vendor. III. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. IV. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information in this paragraph. PARKER COUNTY TOWN OF TROPHY CLUB Honorable Mark Riley Connie White County Judge Mayor PARKER COUNTY, Texas TOWN OF TROPHY CLUB, Texas COUNTY, Texas 100 Municipal Drive One Courthouse Square Trophy Club, Texas 76262 Weatherford, Texas 76086 Town Council 78 of 104 Meeting Date: December 7. 2009 3 V. HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law, PARKER COUNTY shall be responsible for its sole negligence. TOWN OF TROPHY CLUB shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VI. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between PARKER COUNTY and TOWN OF TROPHY CLUB and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. VII. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in PARKER COUNTY, Texas. Exclusive venue shall be PARKER COUNTY, Texas. Town Council 79 of 104 Meeting Date: December 7. 2009 4 VIII. SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. IX. AUTHORITY TO SIGN/COMMISSIONERS COURT AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. TOWN OF TROPHY CLUB has executed this Agreement pursuant to the duly authorized vote of the TOWN OF TROPHY CLUB Town Council Meeting on ___________, 2009. PARKER COUNTY has executed this Agreement pursuant to the vote duly authorized PARKER COUNTY Commissioners Court on _____________________, 2009. X. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. XI. INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. Town Council 80 of 104 Meeting Date: December 7. 2009 5 XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. EXECUTED in duplicate originals this _____day of ___________________, 2009. PARKER COUNTY, TEXAS TOWN OF TROPHY CLUB, TEXAS By: ________________________ By: ___________________________ Honorable Mark Riley Connie White COUNTY JUDGE MAYOR One Courthouse Square 100 Municipal Drive Weatherford, Texas 76086 Trophy Club, Texas 76262 APPROVED AS TO FORM: APPROVED AS TO FORM: By: ________________________ By: _________________________ John Forrest PARKER COUNTY ATTORNEY TOWN OF TROPHY CLUB ATTORNEY Town Council 81 of 104 Meeting Date: December 7. 2009 6 ACKNOWLEDGMENTS § § STATE OF TEXAS § § COUNTY OF PARKER § This instrument was acknowledged before me on the ____day of ______________, 2009, by Honorable Mark Riley, County Judge of PARKER COUNTY, TEXAS, a political subdivision of the State of Texas, on behalf of such subdivision. _____________________________________ Jeane Bruson, County Clerk STATE OF TEXAS § § TOWN OF TROPHY CLUB § This instrument was acknowledged before me on the ______day of ______________, 2009, by ________________, Mayor of TOWN OF TROPHY CLUB, TEXAS, a political subdivision of the State of Texas, on behalf of such subdivision. _____________________________________ Notary Public, State of Texas Town Council 82 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-517-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities. Attachments: Action ByDate Action ResultVer. Town Council 83 of 104 Meeting Date: December 7. 2009 109-517-T Version:File #: Title Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities. Body The Council discussed this item at their November 16, 2009 meeting. Mayor White stated that she would continue to work with Town Manager Emmons and Staff and then come back to Council with a recommendation. Town Council 84 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-514-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council meeting. Attachments: Action ByDate Action ResultVer. Town Council 85 of 104 Meeting Date: December 7. 2009 109-514-T Version:File #: Title Consider and take appropriate action cancelling the December 21, 2009 Regular Town Council meeting. Town Council 86 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-519-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Items for future Agendas. Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 87 of 104 Meeting Date: December 7. 2009 109-519-T Version:File #: Title Items for future Agendas. Town Council 88 of 104 Meeting Date: December 7. 2009 Items for Future Agendas. 1. Pending a meeting between the Town Manager Emmons and the City of Roanoke, receive a report from Town Manager Emmons regarding the sound barrier issues on the east side and conversations with TXDOT. (Wilson) 2. Consider and receive input for regarding options to improve the upkeep of rental property, with or without creating a Building Standard Commission. (Edstrom - 4/21/08) 3. Item to receive a report from Town Manager Emmons regarding an update on the Comprehensive Land Plan. (Edstrom - 10/20/08 & Strother 10/19/09) 4. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 5. Consider and take appropriate action regarding culvert issues on Skyline Park. (Wilson added on 4/6/09) 6. Item to receive a report from Town Manager Emmons regarding option to alleviate the congestion of games/practices on the baseball and the parking issues. (Wilson added May 6, 2009) 7. Item after FY08-09, Considering future EMS negotiations. (Wilson added on August 17, 2009) 8. Council goals and objectives. (Edstrom added on August 17, 2009) 9. Item to receive a report from Town Manager Emmons regarding the delinquency for Town of Trophy Club Public Improvement District No. 1 (The Highlands at Trophy Club), NH8. (Wilson added on September 28, 2009) 10. Item to discuss the concept for term limits for Committees. (White added on 11/2/09) Town Council 89 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-520-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUD1 Meeting; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 90 of 104 Meeting Date: December 7. 2009 109-520-T Version:File #: Title Receive a progress report from Council Member Wilson regarding the November 17, 2009 TCMUD1 Meeting; discussion of same. Body ·Finance department status report on software search. ·Discussion of Westlake's verbal request for fire services bid. ·Preliminary research data presentation and discussion of same regarding MUD/Town shared employee expenditures. ·TML Region 8 event approval. Town Council 91 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-521-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/23/2009 Town Council On agenda:Final action:12/7/2009 Title:Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 92 of 104 Meeting Date: December 7. 2009 109-521-T Version:File #: Title Mayor and Council Update regarding training opportunities, educational sessions, upcoming events and regional meetings; discussion of same. Body Mayor White and Council to provide a brief update on their attendance at the following meetings and events: December Chamber Luncheon ICS 400 Training Council Retreat/Strategic Planning Session Metroport Cities Partnership Denton County Precinct 4 Meeting Trophy Club Christmas Event - Parade, Tree Lighting and Reception TCWC Tour of Homes Town Council 93 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-497-T Name: Status:Type:Agenda Item Executive Session File created:In control:11/10/2009 Town Council On agenda:Final action:12/7/2009 Title:Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager, Brandon Emmons. Attachments:Emmons Contract 12-2008.pdf Action ByDate Action ResultVer. Town Council 94 of 104 Meeting Date: December 7. 2009 109-497-T Version:File #: Title Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the goals and objectives, evaluation and contract extension of Town Manager, Brandon Emmons. Body On November, 2, 2009, the Council was emailed the following reminder: The following is from Brandon’s contract: 2.01 Tenure.The Town Manager shall serve at the pleasure of the Town Council and nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon Council approval,this Agreement shall become effectiveon June 1, 2008 and shall terminate on June 1, 2011 unless terminated earlier as otherwise providedherein. Such termination date shall automatically be extended for a period of one (1) year unless the Town Council takes formal action to cancel the extension before December 15, 2009 and before December 15th each year thereafter. Brandon'scontract will be automatically extend for one year unless the Council desires to cancel this extension, which will requireCouncil action prior to December15 th meeting. If you would wish to havethis item placed on the November16 th or December 7th, please let me know as soon as possible. If there is no response by 5:00 on November30 th , (deadlinefor the December7 th Council Agenda), it will be considered as tacit approval for the automatic extension of the agreement. On November 9, 2009 Mayor White requested an agenda item to discuss Brandon's Evaluation and Contract to allow the Council to discuss in Executive Session, following with a review in open session. Mayor White requested Town Manager Emmons prepare a status on his objectives for this item. Town Council 95 of 104 Meeting Date: December 7. 2009 EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 5th day of May, 2008, by and between the Town of Trophy Club, Texas, a Home Rule Municipal Corporation, (hereinafter “Town”) and Brandon Emmons, an individual, (hereinafter “Town Manager”). WITNESSETH WHEREAS, Town desires to employ Brandon Emmons as the Town Manager for the Town of Trophy Club as provided by the Trophy Club Town Charter, (hereinafter “Charter”); and WHEREAS, it is the desire of the Trophy Club Town Council (hereinafter “Council”) to provide certain benefits, establish certain conditions of employment, and to set certain working conditions for Town Manager; and WHEREAS, Brandon Emmons desires to accept and continue employment as Manager, and an officer, of Town on the terms and conditions outlined herein below: and NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties agree as follows: SECTION 1. POWERS AND DUTIES OF MANAGER 1.01 Generally. The Town Council hereby retains Brandon Emmons as Town Manager for the Town of Trophy Club effective June 1, 2006, to perform the functions and duties specified in the Charter, and to perform such other duties and functions as the Town Council shall from time to time assign, which are not inconsistent with the Charter, laws, Ordinances, or this Agreement. 1.02 Changes. The Town Council shall fix any other reasonable terms and conditions of service, as it determines from time to time, relating to the performance of Town Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Charter or other law. SECTION 2. TERM AND CONDITIONS 2.01 Tenure. The Town Manager shall serve at the pleasure of the Town Council and nothing herein shall be taken to imply or suggest a guaranteed tenure. Upon Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 1 Town Council 96 of 104 Meeting Date: December 7. 2009 Council approval, this Agreement shall become effective on June 1, 2008 and shall terminate on June 1, 2011 unless terminated earlier as otherwise provided herein. Such termination date shall automatically be extended for a period of one (1) year unless the Town Council takes formal action to cancel the extension before December 15, 2009 and before December 15th each year thereafter. 2.01 Resignation or Retirement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Town Manager to resign or retire at any time from his/her position with the Town. The Town Manager agrees to provide a thirty (30) day written notice of such resignation. 2.02 Termination by Council. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Town Council to terminate the services of Town Manager at any time, subject only to the provisions of this Agreement. 2.03 Exclusive Employee. Town Manager agrees to remain in the exclusive employ of Town as its Town Manager while employed by the Town. 2.04 Limitations and Indemnification. The Town Manager shall serve in accordance with the limitations specified in the Charter and receive the indemnification benefits specified in the Charter for Town employees and officers upon appropriate action by the Town Council as specified in the Charter. SECTION 3. SALARY 3.01 Town agrees to budget and pay Town Manager for his/her services rendered pursuant to this Agreement an annual base salary of $121,642.04 , payable in installments at the same time as other employees of the Town are paid. Such annual salary may be modified from time to time by notice to Town Manager, in writing, referencing this Agreement and signed by the Mayor or Mayor Pro Tem of the Town holding office at the time as approved by Town Council. 3.02 For the purpose of annual budgeting, Town Manager shall be evaluated for performance and salary/merit increases on an annual basis, occurring by the first of June each year. Town Council may conduct such other performance reviews at intervals determined appropriate by the Town Council without having such reviews tied to the Town Manager’s compensation. 3.02 Town Manager recognizes that this Agreement shall commence upon the day first written above and continue in full force and effect until termination in accordance with its provisions. Town Manager and Town herein recognize that the continuation of any contract after the close of any given fiscal year of the Town of Trophy Club, which fiscal year ends on September 30th of each year, shall be subject to Trophy Club Town Council approval. In the event that the Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 2 Town Council 97 of 104 Meeting Date: December 7. 2009 Trophy Club Town Council does not approve the appropriation of funds for this Agreement, this Agreement shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. The parties agree and understand that this fiscal funding clause is included as a part of this Contract in order to comply with state constitutional requirements and is not intended as a means to circumvent the provisions of Section Five of this Agreement. The Town agrees to act in good faith regarding the funding of this Agreement. SECTION 4. BENEFITS 4.01 TMRS and Social Security. Town Manager shall be covered and governed by the same Texas Municipal Retirement System (TMRS) provisions and applicable Social Security provisions as all regular Town employees. 4.02 Leave. Town Manager shall receive vacation, personal and sick leave on the same basis as all regular Town employees. 4.03 Insurance Coverage. The Town Manager shall be covered by all the same medical, dental and other insurance plans as all regular Town employees. Town Manager shall pay all premiums for dependants in accordance with Town policies applicable to regular Town employees. 4.04 Fringe Benefits. All provisions of the Charter, rules and regulations of the Town relating to fringe benefits and working conditions shall apply to the Town Manager as they would to all regular employees of Town. 4.05 Cellular Phone. The Town shall provide a cellular phone for use of the Town Manager in accordance with policies applicable to all regular Town employees. 4.06 Car Allowance. The Town shall provide a car allowance in the amount of $500.00 per month to the Town Manager payable on or about the first day of each month. Such car allowance shall be intended to reimburse the Town Manager for all business usage of his/her personal vehicle for travel related to Town business. 4.07 Expenses, Memberships and Training. The Town shall pay for all reasonable and budgeted Town business expenses justified by itemized receipts. Additionally, through the budgeting process, the Town Council has the discretion to pay for training for the Town Manager and for Town Manager’s membership in such professional associations or organizations as Council determines appropriate and beneficial to the Town Manager in the performance of his/her job duties. Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 3 Town Council 98 of 104 Meeting Date: December 7. 2009 4.08 Computer Equipment. The Town shall budget for and provide a laptop computer and related equipment for Town Manager’s use. Such use by Town Manager shall be subject to the rules and regulations applicable to all regular Town employees. 4.09 Applicability of Town Charter and Regulations. All provisions of the Charter, Ordinances, and regulations and rules of the Town relating to vacation, sick leave, retirement, pension system contributions, holidays, or other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to the Town Manager as they would to all regular employees of Town in addition to the other benefits enumerated specifically for the benefit of Town Manager in this Agreement. Application of such benefits shall not be construed to affect or otherwise change the status of Town Manager from independent contractor to employee. SECTION 5. TERMINATION AND SEVERANCE PAY 5.01 Severance - Compensation. Provided the Town Manager is physically able to perform the functions of Town Manager, and in the event the Town Council terminates Town Manager’s employment during any term of this Agreement for any reason other than that provided in Section 5.03 of this Agreement, Town agrees to pay the Town Manager a lump sum cash payment equal to three (3) months salary and to continue to pay premiums on applicable insurance coverages for the three (3) month period immediately following the effective date of termination and any accrued sick or vacation leave. If the termination occurs after the election, swearing in and seating of at least three (3) new members of Town Council (not including the Mayor), the Town agrees to pay the Town Manager a lump sum cash payment equal to six (6) months salary and to continue to pay premiums on applicable insurance coverage’s for the six (6) month period immediately following the effective date of termination and any accrued sick or vacation leave. 5.02 Inability to Perform. Should the Town Manager become permanently disabled or otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity or health for a period of four (4) weeks beyond any accrued leave, the Town Council shall have the right to terminate this Agreement without providing severance compensation. 5.03 Termination for Cause. If the Town Manager is terminated for “just cause” then only obligation to the Town Manager is to pay all compensation and benefits accrued but unpaid at the date of termination. “Just Cause” is defined and limited for the purposes of this Agreement, to the following reasons: Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 4 Town Council 99 of 104 Meeting Date: December 7. 2009 a. Any willful breach, disregard or habitual neglect of duties requested of the Town Manager by the Town Council and formally communicated to the Town Manager in writing if requested, or required to be performed by the Town Manager under the Charter or Ordinances of the Town, and laws of the Unites States and State of Texas. b. Any misconduct involving an act of moral turpitude or conviction of a felony or Class “A” misdemeanor. b. Any misapplication, misuse or misappropriation by Town Manager of Town funds or assets entrusted to or administered by Town Manager. 5.04 Deemed Termination. Provided the Town Manager is physically able to perform the functions of Town Manager, and in the event that Town, at any time after the effective date of this Agreement and during the term thereof, reduces the salary or other financial benefits of Town Manager in a greater percentage than an applicable across the board reduction for all regular Town employees; or in the event that Town refuses, following written notice, to comply with any provision of this Agreement benefiting Town Manager; or should Town Manager resign upon the formal or informal request of a majority of the Town Council; then, in that event, Town Manager may, at his option be deemed to be “terminated” at the date of such reduction, refusal, or resignation and shall be entitled to the three (3) month cash severance payment and insurance benefit for the three (3) month period as described in Section 5.01 above, or within six (6) months after the election, swearing in and seating of at least three (3) new members of Town Council (not including the Mayor), the Town Manager shall be entitled to the six (6) month cash severance payment and insurance benefit for the six (6) month period as described in Section 5.01 above. 5.04 Release. Contemporaneously with the delivery of severance pay under Section 5 of this Agreement, the Town Manager agrees to execute and deliver to the Town Council all releases, releasing the Town, its employees and representatives, and the Town Council, both collectively and individually in their private and official capacities, from all claims that the Town Manager may have against the Town of Trophy Club or the Town Council, either collectively or individually, in corporate, private or official capacities. SECTION 6. CONFLICT OF INTEREST It is understood and agreed that because of the duties of the Town within and one behalf of the Town of Trophy Club and its citizenry, Town Manager shall not, during the term of this Agreement, individually as a partner, joint venture, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the Town of Trophy Club, except for stock ownership in any company whose capital Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 5 Town Council 100 of 104 Meeting Date: December 7. 2009 stock is publicly held and regularly traded without prior approval of the Town Council. During the term of this Agreement Town Manager further agrees, except for a personal residence or residential property acquired or held for future use as his/her personal residence, not to invest in any other real estate or property improvement within the corporate limits of the Town without the prior written consent of the Town Council. SECTION 7. RESIDENCY The Town Manager shall establish residency in the Town unless excused by Town Council as provided in the Charter. SECTION 8. MISCELLANEOUS 8.01 Entire Agreement. This agreement represents the entire and integrated agreement between Town and Town Manager and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. 8.02 Severability. In the event that any provision or portion of this Agreement shall be found to be contrary to law, invalid, or unenforceable, 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. IN WITNESSS WHEREOF, by proper action taken at an open meeting, the Town Council of the Town of Trophy Club has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its Town Secretary and Town Manager has signed and executed this Agreement on the date set forth above. TOWN OF TROPHY CLUB, TEXAS Date: ______________ BY: ______________________________ Nick Sanders, Mayor BRANDON EMMONS, TOWN MANAGER Date: ______________ Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 6 Town Council 101 of 104 Meeting Date: December 7. 2009 Extended 12/15/08 (Final) June 1, 2008 and shall terminate on June 1, 2011 7 BY: ______________________________ ATTEST: _________________________________ Town Secretary APPROVED AS TO FORM: _________________________________ Town Attorney Town Council 102 of 104 Meeting Date: December 7. 2009 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:109-499-T Name: Status:Type:Agenda Item Regular Session File created:In control:11/10/2009 Town Council On agenda:Final action:12/7/2009 Title:Consider and take appropriate action relative to Executive Session Item Number File ID 09-497. Attachments: Action ByDate Action ResultVer. Town Council 103 of 104 Meeting Date: December 7. 2009 109-499-T Version:File #: Title Consider and take appropriate action relative to Executive Session Item Number File ID 09-497. Town Council 104 of 104 Meeting Date: December 7. 2009