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Agenda Packet TC 07/19/2010Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom5:00 PMMonday, July 19, 2010 CALL TO ORDER AND ANNOUNCE A QUORUM. WORK SESSION (5:00 - 6:30 P.M.) Conducted in the Public Services Conference Room 1.2010-388-T Town Council Budget Update; discussion of the same. 5 Year CIP.pdf Assumptions for 2010-11 Budget 07-19-10.pdf Attachments: REGULAR SESSION (7:00 P.M.) 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. EXECUTIVE SESSION 2.2010-365-T Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Manager Search RECONVENE INTO REGULAR SESSION Town Council 1 of 160 Meeting Date: July 19, 2010 July 19, 2010Town Council Meeting Agenda 3.2010-366-T Consider and take appropriate action regarding the Executive Session. 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. 4.2010-367-T Consider and take appropriate action ratifying the termination of the agreement between the Town and Municap, Inc. for Administration Services for Trophy Club Public Improvement District No. 1. Municap term notice.pdfAttachments: 5.2010-386-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 5) appropriating $10,000 for the additional cost necessary to comply with emissions regulations required for the Street Department's new dump truck; and providing an effective date. Ord. 2010-Amending (5)FY 2009-10 Budget-Emissions_Dump Truck.pdfAttachments: 6.2010-370-T Consider and take appropriate action regarding the approval of a resolution repealing Resolution No. 2008-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Towns Procurement Policies and Procedures. Res 2010-XX Participation in Coop Purchasing Programs.pdfAttachments: 7.2010-371-T Consider and take appropriate action regarding a Letter of Engagement between the Town and Weaver and Tidwell for audit services in an amount not to exceed $55,000 for the FY09-10 Audit. Weaver - Town Engagement Letter 07-13-10.pdfAttachments: 8.2010-389-T Consider and take appropriate action regarding a Resolution approve the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Trophy Club Public Improvement District (PID) #1 Emergency Services, and designating Kathy DuBose, Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute the Agreement. (2010-337-T) Res. 2010-XX ICA Tax Collection(Denton Cty-PID EMS_OandM).pdfAttachments: 9.2010-391-T Consider and take appropriate action regarding an Interlocal Agreement between the Town and Texas Department of Public Safety for the purchase of Alcohol Blood Test Kits, and authorizing the Mayor or her designee to execute necessary documents. Res. 2010-XX ILA Police_DPS_BloodAlcoholKits.pdf Exhibit A.pdf Attachments: REGULAR SESSION Town Council 2 of 160 Meeting Date: July 19, 2010 July 19, 2010Town Council Meeting Agenda 10.2010-375-T Consider and take appropriate action regarding the appointment of a new Administrator for Trophy Club Public Improvement District No. 1 and authorizing Acting Town Manager Seidel or his designee to execute necessary contract documents for PID Administration Services. Southwest Securities Recommendation.pdf DTA_PID_Admin_Submission.pdf Attachments: 11.2010-373-T Staff to provide a recap of the 4th of July festivities; discussion of same. 4th of July Celebration Recap.pdfAttachments: 12.2010-369-T Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 4) making supplemental appropriations in the amount of $30,888 for road and utility improvements for the Bobcat Blvd connector road; and providing an effective date. Ord. 2010-Amending (4)FY 2009-10 Budget-Bobcat.pdfAttachments: 13.2010-372-T Presentation of the second quarter financial report for the 2009-2010 fiscal year through June; discussion of same. 14.2010-374-T Consider and take appropriate action regarding financial and variance report dated June 2010; discussion of same. June 2010 Monthly Financial Reports.pdfAttachments: 15.2010-377-T Consider and take appropriate action regarding an Intergovernmental Contract for Employee Services between the Town and TCMUD No. 1, and authorizing the Mayor or her designee to execute necessary documents. Combined Employee Services - 07142010 (2).pdf 2010-2011 Town Org Chart Draft.pdf 2010-2011 MUD Org Chart Draft.pdf Attachments: 16.2010-378-T Consider and take appropriate action regarding an Ordinance amending Chapter 5 entitled, "General Land Use", Article I, entitled "Mobile Home & HUD-Code Manufactured Home Placement and Replacement", of the Code of Ordinances, by amending Section 1.07 entitled, "Maintaining Heavy Vehicles, Boats and Trailers" to clarify the screening requirements for heavy vehicles, boats and trailers maintained within the Town. Ord. 2010-XX Amending Chap 5_ Maintain Vehicles Boats Trailers.pdfAttachments: 17.2010-379-T Consider and take appropriate action regarding a Declaration of City of Service. Cites of Service Letter to Mayor.pdf Declaration of Cities of Service.pdf Attachments: Town Council 3 of 160 Meeting Date: July 19, 2010 July 19, 2010Town Council Meeting Agenda 18.2010-380-T Consider and take appropriate action regarding the Town’s participation in the 25th Anniversary celebration and a Resolution establishing the 25th Anniversary Committee as an Ad Hoc Committee of the Town. 25th Anniversary Minute Insert.pdf Res 2010-XX Adopting a 25th Anniversary Committee.pdf Attachments: 19.2010-387-T Consider and take appropriate action regarding Town sponsorship of Byron Nelson High School (BNHS), including sponsorship of the BNHS Booster Club. 20.2010-381-T Consider and take appropriate action regarding the scheduling of a Council Retreat on August 1 and 2, 2010. 21.2010-376-T Consider and take appropriate action regarding the scheduling of quarterly Joint Sessions with TCMUD1. Minute Insert_June 21_2010.pdfAttachments: 22.2010-382-T Acting Town Manager Seidel's update regarding the following; discussion of the same. 1. Splash Pad 2. Economic Development 23.2010-384-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. 24.2010-385-T Items for Future Agendas Items for Future Agendas.pdfAttachments: ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council 4 of 160 Meeting Date: July 19, 2010 July 19, 2010Town Council Meeting Agenda 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, July 15, 2010 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 ______________________, 2010. ________________________________, Title: ___________________________ Town Council 5 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-388-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/13/2010 Town Council On agenda:Final action:7/19/2010 Title:Town Council Budget Update; discussion of the same. Attachments:5 Year CIP.pdf Assumptions for 2010-11 Budget 07-19-10.pdf Action ByDate Action ResultVer. Town Council 6 of 160 Meeting Date: July 19, 2010 File #: 2010-388-T, Version: 1 Title Town Council Budget Update; discussion of the same. Body 1) Capital Improvement Program 2) Budget Assumptions Town Council 7 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB, TEXAS Annual Program of Services FIVE YEAR CAPITAL IMPROVEMENT PROGRAM 2010-2015 2010-11 2011-12 2012-13 2013-14 2014-15 TOTAL STREET IMPROVEMENTS Indian Creek (Creekmere to Greenhill)375,550 - - - - 375,550 Greenhill 270,900 - - - - 270,900 Pin Oak Court 107,940 - - - - 107,940 Phoenix (Pebble Beach to Shields)- 257,324 - - - 257,324 Pebble Beach (Indian Creek to end)- 252,473 - - - 252,473 Timberline Court - 47,628 - - - 47,628 Indian Creek (Greenhill to end)- - 286,724 - - 286,724 Southbound Trophy Club (Bobcat to Durango)- - 752,737 - - 752,737 Troon Court/ Drive - - 322,321 - - 322,321 Public Services Maintenance Facility - - 900,000 - - 900,000 Portland Drive - - - 124,964 - 124,964 Woodlands Court - - - 91,170 - 91,170 Llano Drive - - - 216,377 - 216,377 Wilshire Drive - - - 79,500 - 79,500 Lee Court - - - 116,698 - 116,698 Murfield Court - - - 136,877 - 136,877 Trophy Club (Durango to Riviera Court)- - - - 709,566 709,566 Glendale Court - - - - 76,326 76,326 Ross Court - - - - 59,223 59,223 Total Street Improvements 754,390$ 557,425$ 2,261,782$ 765,586$ 845,115$ 5,184,298$ PARKS AND RECREATION Trophy Club Park Improvements - 1,500,000 - - - 1,500,000 - - - - - - Total Parks and Recreation -$ 1,500,000 - - - 1,500,000$ DRAINAGE SYSTEM IMPROVEMENTS Town-wide Drainage Study Phase II 125,000 - - - - 125,000 - - - - - - Total Drainage System Improvements 125,000$ - - - - 125,000$ FACILITIES Facilities Study - 50,000 - - - 50,000 - - - - - - Total Facilities -$ 50,000$ -$ -$ -$ 50,000$ Total 879,390$ 2,107,425$ 2,261,782$ 765,586$ 845,115$ 6,859,298$ "a great place to call home" Town Council 8 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB 2010-2011 BUDGET ASSUMPTIONS UDPATED 07-19-10 BUDGET DEVELOPMENT Balanced budget - Management will present a proposed budget focused on financial stability with resources equal to or in excess of expenditures. Revenue projections – Revenue projections will be based on historical and current trends • Projections will include the estimated impact of completed new development • Projections will include conservative estimates for prospective development • Grants and outside funding to augment resources will be actively pursued Management review – The Management Team (Acting Town Manager and Department Directors) will review Council goals and objectives in relation to current service and program levels. Management will also review and analyze current fees for service and fee structures. Capital Improvements - Management will present a 5 Year Capital Improvement Program including estimated costs of projects and funding scenarios. REVENUES Property tax – Assessed valuation growth scenarios: • 2%, 3%, and 4% Sales tax – Estimate equals budget for FY 09-10 and 3% growth for FY 10-11 • Current year-to-date collections are 1.1% over prior year-to-date actual Franchise fees – Projected based on Franchisee’s estimate and trends • Current year actual for gas and electric below prior year Development related fees – Projection of 150 new homes to be built in 2010-11 • Developer fees – Based on current trend and developer’s projection of 150 homes • Building permits – Based on current trends for “building ready lots” in neighborhoods where platting and infrastructure construction is complete • Other fees – Based on departmental estimates Town Council 9 of 160 Meeting Date: July 19, 2010 Public safety – Based on departmental projections • Emergency Medical Services (EMS) – Based on current trend and current pledges from Denton and Tarrant Counties • Municipal Court Fines/Fees – Based on current trends • Grants – Based on approved grants. Will continue active pursuit of available grants (although not included in budget projections) Park and Pool – Based on departmental projections • Park – Based on current activity levels • Pool – Based on projected activity and fee structure • Athletic Programs – Based on current level with no increase (currently at field saturation) • Recreation Programs – Based on current level with some minor additional programming Intergovernmental – Based on departmental projections • Transfer from EDC – Based on current contribution for park debt service • Transfer from MUD – Based on current $10,000 contribution for July 4th Celebration Other revenues – Based on history, current trends and contracts • Interest Income – Based on current trend • Nextel Tower Lease – Based on contract EXPENDITURES Service and program levels – The Management Team will review current service and program levels based on Council goals and objectives. Future replacement program – The proposed budget will include funding options for future replacement of technology, equipment, and vehicles. Capital improvement projects – The proposed budget will include the financial impact of current and future capital improvement projects. FUND BALANCE Adequate fund balance – The proposed budget will provide an adequate ending fund balance. Use of fund balance – Any use of fund balance will be for one-time expenditures. Town Council 10 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-365-T Name: Status:Type:Agenda Item Executive Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Manager Search Attachments: Action ByDate Action ResultVer. Town Council 11 of 160 Meeting Date: July 19, 2010 File #: 2010-365-T, Version: 1 Title Council to convene into executive session pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.074(a) "Personnel Matters, to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: (1) Town Manager Search Town Council 12 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-366-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the Executive Session. Attachments: Action ByDate Action ResultVer. Town Council 13 of 160 Meeting Date: July 19, 2010 File #: 2010-366-T, Version: 1 Title Consider and take appropriate action regarding the Executive Session. Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 14 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-367-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action ratifying the termination of the agreement between the Town and Municap, Inc. for Administration Services for Trophy Club Public Improvement District No. 1. Attachments:Municap term notice.pdf Action ByDate Action ResultVer. Town Council 15 of 160 Meeting Date: July 19, 2010 File #: 2010-367-T, Version: 1 Title Consider and take appropriate action ratifying the termination of the agreement between the Town and Municap, Inc. for Administration Services for Trophy Club Public Improvement District No. 1. Body This is ratification of action taken on June 16, 2010 by Acting Town Manager Seidel, terminating the agreement with the Town's current Administrator for Trophy Club Public Improvement District No. 1, Municap. Council will consider and take appropriate action regarding the appointment of a new Administrator under Regular Session, Item 2010-375. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Town Council 16 of 160 Meeting Date: July 19, 2010 Town Council 17 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-386-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/13/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 5) appropriating $10,000 for the additional cost necessary to comply with emissions regulations required for the Street Department's new dump truck; and providing an effective date. Attachments:Ord. 2010-Amending (5)FY 2009-10 Budget-Emissions_Dump Truck.pdf Action ByDate Action ResultVer. Town Council 18 of 160 Meeting Date: July 19, 2010 File #: 2010-386-T, Version: 1 Title Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 5) appropriating $10,000 for the additional cost necessary to comply with emissions regulations required for the Street Department's new dump truck; and providing an effective date. Body At the February 1, 2010 council meeting, the Town Manager briefed the Council regarding the Street Department Director's efforts working with the North Central Texas Council of Government's (NCTCOG)to solicit funding through the "Cash for Clunkers" grant program. The grant request was for $10,000to augment the $48,000included in the 2010 Tax Notes for the purchase of a dump truck. Theadditional funding was necessary to cover the increased costs related to the design changes required due to new emission regulations for the Street Department's dump truck. At that meeting, the Town Council unanimously approved the purchase of the Dump Truck for $58,003.26. Unfortunately, the grant was not awarded. The attached budget amendment appropriated $10,000 for the costs over and above the amount included in the 2010 Tax Note issuance. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Town Council 19 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB ORDINANCE NO. 2010-XX 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. 5); 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, on February 1, 2010 Town Council approved the purchase of a dump truck for $58,003.26 for use by the Street Department; and WHEREAS, at the February 1, 2010 Town Council meeting, the Council approved an ordinance authorizing the issuance and sale of Tax Notes, Series 2010, of which $48,000 was earmarked for the purchase of the dump truck; and WHEREAS, the Town applied for a grant for an additional $10,000 to supplement the funds from the Tax Notes, but the Town was not awarded the grant; and WHEREAS, the attached budget amendment appropriates $10,000 from fund balance for the costs over and above the amount included in the 2010 Tax Note issuance; and WHEREAS, the Town Council of the Town of Trophy Club, Texas hereby finds and determines that it is prudent to amend the Budget; and WHEREAS, the Town Council of the Town of Trophy Club, Texas further finds that the amendment, as set forth in Exhibit “A”, will serve 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: ORDINANCE NO. 2010-XX File 386 1 Town Council 20 of 160 Meeting Date: July 19, 2010 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 fund the line item as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 5 (Exhibit “A”) to the Original Budget 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 fifth 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 ORDINANCE NO. 2010-XX File 386 2 Town Council 21 of 160 Meeting Date: July 19, 2010 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 19th day of July, 2010. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas ORDINANCE NO. 2010-XX File 386 3 Town Council 22 of 160 Meeting Date: July 19, 2010 Exhibit “A” Town of Trophy Club Budget Amendment No. 5 The Fiscal Year 2009-2010 General Fund Expenditure Budget Increase specified below is the result of additional costs associated with new emission control requirements for a dump truck for the Streets Departments. The original estimated cost of $48,000 for the dump truck is included in the 2010 Tax Note issued in March 2010. Original Budget Amendment Amended Budget Expenditure: Capital Expense - Vehicle $ -0- $ 10,000 $ 10,000 ORDINANCE NO. 2010-XX File 386 4 Town Council 23 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-370-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the approval of a resolution repealing Resolution No. 2008-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Towns Procurement Policies and Procedures. Attachments:Res 2010-XX Participation in Coop Purchasing Programs.pdf Action ByDate Action ResultVer. Town Council 24 of 160 Meeting Date: July 19, 2010 File #: 2010-370-T, Version: 1 Title Consider and take appropriate action regarding the approval of a resolution repealing Resolution No. 2008-27 authorizing participation in various cooperative purchasing programs and adopting a new resolution authorizing participation in various cooperative purchasing programs in accordance with the Towns Procurement Policies and Procedures. Body Section 4.01 of Town Procurement Policies provide that procurements made pursuant to an approved cooperative purchasing program or those from an approved state program are exempt from competitive bid requirements provided that the Town Council has approved participation in the cooperative purchasing or approved state program. The last resolution approving Town participation in specified cooperative purchasing programs was approved in 2008. Staff desires to add North Central Texas Council of Governments Cooperative Purchasing Program (NCTCOG)to the list of Council approved programs. The proposed Resolution adds NCTCOGto the list of approved cooperative purchasing programs with all other previously approved programs remaining the same. Goal #2: Business-Friendly Community Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 25 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING RESOLUTION NO. 2008- 27 AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS AND ADOPTING A NEW RESOLUTION AUTHORIZING PARTICIPATION IN VARIOUS COOPERATIVE PURCHASING PROGRAMS IN ACCORDANCE WITH THE TOWN’S PROCUREMENT POLICIES AND PROCEDURES; IDENTIFYING THOSE COOPERATIVE PURCHASING PROGRAMS APPROVED FOR TOWN PARTICIPATION; APPOINTING THE TOWN MANAGER OR HER DESIGNEE AS THE PROGRAM COORDINATOR OF COOPERATIVE PURCHASING PROGRAMS; AUTHORIZING EXECUTION OF ANY AND ALL NECESSARY AGREEMENTS FOR PARTICIPATION IN THE COOPERATIVE PROGRAMS BY THE MAYOR OR HER DESIGNEE AND APPROVING RELATED CONTRACTS AND THE PAYMENT OF RELATED FEES IN ACCORDANCE WITH THE BUDGET; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 271 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program and provides that purchases made pursuant to an agreement with a local cooperative organization satisfy state laws requiring the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, the Procurement Policies and Procedures of the Town of Trophy Club authorize purchases from a cooperative purchasing program or other approved state program provided that the Town Council has approved participation; and WHEREAS, Town’s participation in the cooperative purchasing programs and other approved state programs will improve efficiency in the purchasing process by allowing the Town to meet competitive bid requirements, to identify and purchase goods and services from qualified vendors, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings that such programs provide; and WHEREAS, upon consideration of the cooperative purchasing programs specified in this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the Town’s participation in these programs is beneficial and should be approved, that Resolution No. 2008-27 should be Town Council 26 of 160 Meeting Date: July 19, 2010 repealed in its entirety, that this Resolution be adopted, and that the Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in such cooperative programs; and WHEREAS, in the event that participation in any of the cooperative purchasing programs approved by this Resolution requires the execution of an Agreement and / or the payment of a fee, such Agreement and fee are hereby approved and the Mayor or her designee is hereby authorized to execute any necessary Agreements for participation in such program(s) and the Program Coordinator is authorized to approve the payment of applicable fees provided that funds are budgeted and available for such participation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The foregoing premises, which are hereby found to be true and to be in the best interest of the Town of Trophy Club and its citizens, are hereby adopted. Section 2. The Town’s participation in the following cooperative purchasing programs is hereby authorized and approved in accordance with the terms of this Resolution and of the Town of Trophy Club Procurement Policies and Procedures: Department of Information Resources (DIR) Texas Building and Procurement Commission (TBPC) Texas Multiple Award Schedules (TXMAS) Texas Interlocal Purchasing System (TIPS) Texas Procurement and Support Services (TPASS) The Cooperative Purchasing Network (TCPN) Houston-Galveston Area Council Cooperative Purchasing Program (H-GAC) Western States Contracting Alliance US Communities BuyBoard US General Services Administration (GSA) North Central Texas Council of Government Cooperative Purchasing Program (NCTCOG) Section 3. The Town Manager or his designee is appointed as the Program Coordinator for the Town’s membership in approved cooperative purchasing programs. The Program Coordinator is authorized to approve the payment of applicable fees for approved programs provided that funds are budgeted and available for such participation. Section 4. The Mayor or her designee is hereby authorized to execute any necessary Agreements for participation in such program(s) according to the Town Council 27 of 160 Meeting Date: July 19, 2010 terms and conditions set forth in this Resolution and the Town’s Procurement Policies and Procedures. Section 5. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19th day of July, 2010. ______________________________ Connie White Mayor, Town of Trophy Club, Texas ATTEST: ___________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: ____________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 28 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-371-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding a Letter of Engagement between the Town and Weaver and Tidwell for audit services in an amount not to exceed $55,000 for the FY09-10 Audit. Attachments:Weaver - Town Engagement Letter 07-13-10.pdf Action ByDate Action ResultVer. Town Council 29 of 160 Meeting Date: July 19, 2010 File #: 2010-371-T, Version: 1 Title Consider and take appropriate action regarding a Letter of Engagement between the Town and Weaver and Tidwell for audit services in an amount not to exceed $55,000 for the FY09-10 Audit. Body In October 2005, the Town entered into an agreement with the audit firm of Weaver and Tidwell, LLP for external audit services for the fiscal years ending September 30, 2005 through 2009. The audit for the 2008-2009 fiscal year was presented to the Audit Committee on March 3, 2010 and to the Town Council at the March 8, 2010 Council Meeting. At the March 3rd Audit Committee meeting, the committee discussed soliciting proposals for the 2009-2010 fiscal year audit. The Committee discussed the pending negotiations concerning the MUD separating finance and accounting services from the Town, and the difficultly that the uncertainty of the outcome would have in soliciting proposals. The Committee agreed that the best solution for the 2009-2010 fiscal year's auditing services would be to extend the current agreement with Weaver (formerly Weaver and Tidwell, LLP). The attached agreement will allow Weaver to perform external auditing services for the fiscal year ending September 30, 2010. The attached engagement agreement includes the Town's first anticipated Single Audit, which is an additional audit and report specifically required for an entity which exceeds $500,000 in annual grant awards. The Town is expected to reach this threshold in the 2009-2010 fiscal year and will be required to have a Single Audit performed by an independent/external auditor. The estimated cost of the Single Audit is $5,000. The agreement also includes an estimate of $5,000 should the Town desire the preparation of a Comprehensive Annual Financial Report (CAFR) instead of the basic financial statements previously issued. The total cost of all services is not to exceed $55,000, with the basic audit costs approximately $3,500 more than the prior fiscal year's total. Goal #2: Business-Friendly Community Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 30 of 160 Meeting Date: July 19, 2010 Town Council 31 of 160 Meeting Date: July 19, 2010 Town Council 32 of 160 Meeting Date: July 19, 2010 Town Council 33 of 160 Meeting Date: July 19, 2010 Town Council 34 of 160 Meeting Date: July 19, 2010 Town Council 35 of 160 Meeting Date: July 19, 2010 Town Council 36 of 160 Meeting Date: July 19, 2010 Town Council 37 of 160 Meeting Date: July 19, 2010 Town Council 38 of 160 Meeting Date: July 19, 2010 Town Council 39 of 160 Meeting Date: July 19, 2010 Town Council 40 of 160 Meeting Date: July 19, 2010 Town Council 41 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-389-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/14/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding a Resolution approve the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Trophy Club Public Improvement District (PID) #1 Emergency Services, and designating Kathy DuBose, Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute the Agreement. (2010- 337-T) Attachments:Res. 2010-XX ICA Tax Collection(Denton Cty-PID EMS_OandM).pdf Action ByDate Action ResultVer. Town Council 42 of 160 Meeting Date: July 19, 2010 File #: 2010-389-T, Version: 1 Title Consider and take appropriate action regarding a Resolution approve the Interlocal Cooperation Agreement for Tax Collection between Denton County and the Town of Trophy Club Public Improvement District (PID) #1 Emergency Services, and designating Kathy DuBose, Director of Finance as the Liaison, and authorizing the Mayor or her designee to execute the Agreement. (2010-337-T) Body At the June 21, 2010 Council meeting the Council was presented with two different agreements for the collection of the PID assessments. Thefirst agreementaccurately reflected that the County would be collecting assessments imposed by the PID for the costs of infrastructure improvements and used the terminology "Assessment Collection". The second agreement for collection of the PID assessment for the costs of emergency services erroneously used the terminology "Tax Collection" instead of "Assessment Collection". Because the County's deadline for Town approval of the agreements was July 15, 2010, the Council approved the Agreement with modifications to be consistent with the first agreement for "Assessment Collection". Since that time, staff has been in contact with the County, and the County has advised that they have designated the assessment as a tax and have also designated the emergency services assessment component of the PID as an emergency services district. Both designations are inaccurate. Neither the County's erroneous terminology nor their erroneous designation of the assessment as a tax has any affect on the character of the assessment. The County's inaccurate classification does not impact the ability to collect the assessment or the amount of the assessment that may be collected. The County has declined to revise the agreement and will only collect the assessment if their proposed agreement for "Tax Collection" is approved by the Town. Staff is working on resolving this error with the County and State Comptroller's Office; however, in the interim, the proposed Resolution has been prepared to document the true character of the assessment and the County's erroneous terminology. Staff recommends approval of the Resolution approving the interlocal agreementso that Denton County will proceed with the collection of the emergency services assessments for FY October 1, 2010 through September 1, 201. Staff will continue to work towards resolving the error for the subsequent fiscal year. The Resolution has been drafted to supersede the previously approved agreement so the only Council action necessary is approval of the Resolution. Goal #2: Business-Friendly Community Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 43 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010- XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING AN INTERLOCAL AGREEMENT FOR COLLECTION OF THE EMERGENCY SERVICES ASSESSMENT ON THE TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 ENTITLED “INTERLOCAL COOPERATION AGREEMENT – TAX COLLECTIONS”; PROVIDING FOR THE INCORPORATION OF PREMISES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services, such as those that serve the public health and welfare; and WHEREAS, Denton County is a political subdivision of the State of Texas (hereinafter “County”), and is therefore an entity with which the Town may contract; and WHEREAS, County collects ad valorem taxes for the Town of Trophy Club, a home rule municipality (hereinafter “Town”), and collects assessments for Trophy Club Public Improvement District No. 1, a special district established under Texas law (hereinafter “PID”); and WHEREAS, the PID is located wholly within the boundaries of Town, has legal authority to levy assessments on the properties located within its boundaries; and WHEREAS, PID assessments are not ad valorem taxes but are purely administrative assessments on property based upon a Service and Assessment Plan applicable to and regulating the PID and approved by the Town Council acting in its capacity as the PID Board; and WHEREAS, the PID has levied assessments to pay for the costs of emergency services provided to the residents of the PID (hereinafter “Assessments”), and those Assessments are not an ad valorem based tax nor are they legally classified as a tax; and WHEREAS, the Assessments are regulated and limited only by state law governing public improvement districts and by the Service and Assessment Plan adopted for the PID, are not subject to any state law limitations applicable to the amount of tax that may be adopted, nor are the Assessments subject to state law rollback provisions; and Town Council 44 of 160 Meeting Date: July 19, 2010 WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation Agreement by and between Town of Trophy Club PID #1 Emerg Services, and the County entitled “Interlocal Cooperation Agreement – Tax Collection” a substantial copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter called “Agreement”); and WHEREAS, for their own administrative purposes, County has classified the PID Assessment as a tax; however, the amount to be collected by the County from the residents of the PID is the amount of the Assessment lawfully approved and levied after a public hearing on the Service and Assessment Plan for the PID; and WHEREAS, the process for the collection of the Assessments and the process for the collection of taxes are the same; and WHEREAS, the County has erroneously classified the Emergency Services Assessment levied by the PID as an “Emergency Services District” and WHEREAS, as a result of this misclassification, the County has designated the Assessment as a “tax” in the Agreement, which designation is an error in terminology, but does not impact the amount collected nor does it substantially impact the process for the collection of the Assessments; and WHEREAS, County has advised Town that it will consider changing its designation of the PID Assessment from a tax to an assessment for the collection year beginning October 1, 2011, but will not change that terminology for the upcoming collection beginning on October 1, 2010; and WHEREAS, the County will only collect the Assessment for the PID if the Town approves the Agreement; and WHEREAS, upon full review and consideration of the Agreement and of this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the County’s error in classifying the Assessment as a “tax” does not affect the substance or character of the Assessment, that execution of the Agreement serves a valid public purpose, that all funds necessary to pay for the services shall be paid out of current revenue legally available to the parties to the Agreement and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the terms and conditions of the Agreement should be approved, and that the Mayor or her designee should be authorized to execute the Agreement on behalf of the Town of Trophy Club. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS THAT: Section 1. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Town Council 45 of 160 Meeting Date: July 19, 2010 Section 2. Notwithstanding the County’s misclassification of the Assessment, the Town Council of the Town of Trophy Club, Texas does hereby approve and agree to enter into the Agreement, a true and correct copy of which is attached hereto and incorporated herein as Exhibit “A”, so that the Assessment is collected for the use and benefit of the PID. Section 3. Approval of this Resolution and the Agreement supersedes the Town Council’s previous approval of an amended agreement with Denton County for collection of the emergency services assessment. Section 4. The Mayor and the Town of Trophy Club is hereby authorized, empowered and directed to execute the Agreement on behalf of the Town of Trophy Club. Section 5. This Resolution shall take effect from and after its date of passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 19th day of July, 2010. ____________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: ________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: ___________________________________ Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 46 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-391-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/15/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding an Interlocal Agreement between the Town and Texas Department of Public Safety for the purchase of Alcohol Blood Test Kits, and authorizing the Mayor or her designee to execute necessary documents. Attachments:Res. 2010-XX ILA Police_DPS_BloodAlcoholKits.pdf Exhibit A.pdf Action ByDate Action ResultVer. Town Council 47 of 160 Meeting Date: July 19, 2010 File #: 2010-391-T, Version: 1 Title Consider and take appropriate action regarding an Interlocal Agreement between the Town and Texas Department of Public Safety for the purchase of Alcohol Blood Test Kits, and authorizing the Mayor or her designee to execute necessary documents. Body This Agreement is required between the Town and the Texas Department of Public Safety for the Town’s authority to purchase Alcohol Blood Test Kits for $4.00 per testing kit. The testing kits are used to obtain evidence for DWI investigations. The evidence is submitted to the DPS for evaluation of blood alcohol concentration. It is anticipated that the Town would purchase approximately 15 kits per year. This Agreement is valid for a one year period ending August 2011. Goal #2: Business-Friendly Community Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 48 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2010-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE TOWN OF TROPHY CLUB AND TEXAS DEPARTMENT OF PUBLIC SAFETY (“DPS”) PROVIDING TERMS AND CONDITIONS UNDER WHICH THE TOWN WILL PURCHASE ALCOHOL BLOOD TEST KITS; AUTHORIZING THE EXECUTION OF THE AGREEMENT BY THE MAYOR OR HER DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes governmental entities to contract with each other to perform government functions and services, such as those that serve the public health and welfare; and WHEREAS, the Texas Department of Public Safety (“DPS”) is a state agency with which the Town may contract pursuant to the Interlocal Cooperation Act; and WHEREAS, DPS offers Alcohol Blood Test Kits for sale and the Trophy Club Police Department uses Alcohol Blood Test Kits for the purpose of DWI enforcement; and WHEREAS, the Town Council has been presented a proposed Interlocal Cooperation Agreement by and between the Town of Trophy Club, Texas, and DPS providing terms and conditions for the sale of Alcohol Blood Test Kits to the Town, a substantial copy of which is attached hereto as Exhibit “A” and incorporated herein by reference (hereinafter called “Agreement”); and WHEREAS, upon full review and consideration of the Agreement and of this Resolution, and all matters attendant and related thereto, the Town Council is of the opinion that the execution of the Agreement serves a valid public purpose, that all funds necessary to pay for the services shall be paid out of current revenue legally available to the Town and shall not exceed the amount budgeted therefore in the current fiscal year budget, that the terms and conditions of the Agreement should be approved, and that the Mayor or her designee should be authorized to execute the Agreement on behalf of the Town of Trophy Club. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Town Council 49 of 160 Meeting Date: July 19, 2010 Section 1. That the recitals contained in the preamble of this Resolution are determined to be true and correct and are hereby adopted as a part of this Resolution. Section 2. The parties agree and understand that the duties and obligations set forth in the Agreement serve as valid and binding consideration to support this Agreement. Section 3. The terms and conditions of the Agreement and of this Resolution, having been reviewed by the Town Council of the Town of Trophy Club and found to be acceptable and in the best interest of the Town and its citizens are hereby in all things approved. Section 4. The Mayor or her designee is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the Town of Trophy Club, substantially according to the terms and conditions set forth in the Agreement and in this Resolution. Section 5. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19th day of July, 2010. _________________________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: _____________________________________ Lisa Hennek, Town Secretary Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town Council 50 of 160 Meeting Date: July 19, 2010 Town Council 51 of 160 Meeting Date: July 19, 2010 Town Council 52 of 160 Meeting Date: July 19, 2010 Town Council 53 of 160 Meeting Date: July 19, 2010 Town Council 54 of 160 Meeting Date: July 19, 2010 Town Council 55 of 160 Meeting Date: July 19, 2010 Town Council 56 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-375-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the appointment of a new Administrator for Trophy Club Public Improvement District No. 1 and authorizing Acting Town Manager Seidel or his designee to execute necessary contract documents for PID Administration Services. Attachments:Southwest Securities Recommendation.pdf DTA_PID_Admin_Submission.pdf Action ByDate Action ResultVer. Town Council 57 of 160 Meeting Date: July 19, 2010 File #: 2010-375-T, Version: 1 Title Consider and take appropriate action regarding the appointment of a new Administrator for Trophy Club Public Improvement District No. 1 and authorizing Acting Town Manager Seidel or his designee to execute necessary contract documents for PID Administration Services. Body Included in the backup for this item is a letter of recommendation from Southwest Securities and a Proposal from David Taussig & Associates. Staff along with Dan Almon from Southwest Securities, interviewed Richard Spence, a representative from David Taussig & Associates. Taussig submitted a proposal to provide PID Administration services to the Town. After reviewing the proposal, consulting with bond counsel, and consulting with the Town's Financial Advisor, staff recommends appointment of David Taussig & Associates as the new Administrator for Trophy Club Public Improvement District No. 1. If approved by Council, a contract for the services in accordance with the terms set forth in the Proposal would be executed with David Taussig & Associates . The headquarters for David Taussig & Associates is based in California; however, they also maintain a local office in Plano. If selected, David Taussig & Associates has designated Mitch Mosesman and Erin Avalos as the persons who would be servicing the Town's account. Erin Avalos would be the person serving as Project Administrator. Mr. Mosesman will be in attendance at the Town Council meeting to respond to questions. Goal #2: Business-Friendly Community Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 58 of 160 Meeting Date: July 19, 2010 T o w n C o u n c i l 5 9 o f 1 6 0 M e e t i n g D a t e : J u l y 1 9 , 2 0 1 0 Town Council 60 of 160 Meeting Date: July 19, 2010 Town Council 61 of 160 Meeting Date: July 19, 2010 Town Council 62 of 160 Meeting Date: July 19, 2010 Town Council 63 of 160 Meeting Date: July 19, 2010 Town Council 64 of 160 Meeting Date: July 19, 2010 Town Council 65 of 160 Meeting Date: July 19, 2010 Town Council 66 of 160 Meeting Date: July 19, 2010 Town Council 67 of 160 Meeting Date: July 19, 2010 Town Council 68 of 160 Meeting Date: July 19, 2010 Town Council 69 of 160 Meeting Date: July 19, 2010 Town Council 70 of 160 Meeting Date: July 19, 2010 Town Council 71 of 160 Meeting Date: July 19, 2010 Town Council 72 of 160 Meeting Date: July 19, 2010 Town Council 73 of 160 Meeting Date: July 19, 2010 Town Council 74 of 160 Meeting Date: July 19, 2010 Town Council 75 of 160 Meeting Date: July 19, 2010 Town Council 76 of 160 Meeting Date: July 19, 2010 Town Council 77 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-373-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Staff to provide a recap of the 4th of July festivities; discussion of same. Attachments:4th of July Celebration Recap.pdf Action ByDate Action ResultVer. Town Council 78 of 160 Meeting Date: July 19, 2010 File #: 2010-373-T, Version: 1 Title Staff to provide a recap of the 4th of July festivities; discussion of same. Body A PowerPoint has been included to the backup. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Expand recreational opportunities for all ages Town Council 79 of 160 Meeting Date: July 19, 2010 4 th of  Ju l y  Ce l e b r a t i o n Ev e n t  Re c a p To w n Co u n c i l 80 of 16 0 Meeting Date: July 19, 2010 5K  Ru n /  3K  Wa l k • Th e  5K  we l c o m e d  13 9  ru n n e r s ,  ap p r o x i m a t e l y   16 %  mo r e  th a n  la s t  ye a r . • Th e  co u r s e  wa s  ma r k e d  wi t h  di r e c t i o n a l  signs. • Wi t h  th e  he l p  of  PD  an d  Pa r k s ,  th e  majority  of   th e  ro u t e  wa s  cl o s e d  to  ve h i c u l a r  traffic  and   wa s  th e r e f o r e  th e  sa f e s t  ro u t e  in  recent  years. • Al l  pr e ‐re g i s t e r e d  ru n n e r s  re c e i v e d  free  passes   to  th e  So l a n a  Cl u b ,  a  fr e e  ma s s a g e  and  other   gi v e a w a y s . To w n Co u n c i l 81 of 16 0 Meeting Date: July 19, 2010 5K / 3 K P h o t o s To w n Co u n c i l 82 of 16 0 Meeting Date: July 19, 2010 Fr e e  Br e a k f a s t • Ba r a  Ch u r c h  pr o v i d e d  fr e e  br e a k f a s t   bu r r i t o s ,  gr a n o l a  ba r s ,  fr e s h  fr u i t  and  cold   dr i n k s  to  ev e r y o n e  pr e s e n t . • Th e y  al s o  pr o v i d e d  a  so u n d  sy s t e m  with   mu s i c  an d  al l o w e d  st a f f  to  ma k e  regular   an n o u n c e m e n t s . To w n Co u n c i l 83 of 16 0 Meeting Date: July 19, 2010 Co m m u n i t y  Po o l  & Sp r a y  Pad • Th e  co m m u n i t y  po o l  op e n e d  at  no o n  and  remained   op e n  un t i l  8: 3 0 p m .    Pe o p l e  we r e  pe r m i t t e d  to  view  the   fi r e w o r k s  fr o m  th e  gr a s s y  ar e a s  ne a r  the  pool. • Th e  gr a n d  op e n i n g  of  th e  ne w  sp r a y  pad  took  place  at   3: 0 0 p m ,  wi t h  a  la r g e  cr o w d  of  ch i l d r e n  eagerly   aw a i t i n g  th e  op e n i n g  of  th e  ga t e s .   • Me m b e r s  of  Ne w  Da y  Ch u r c h  ga v e  aw a y  free  sno ‐ co n e s  ne x t  to  th e  sp r a y  pa d  fr o m  3: 0 0 ‐5:00pm. • Th e  sp r a y  pa d  re m a i n e d  op e n  un t i l  9: 0 0 p m .   People   we r e  al s o  pe r m i t t e d  to  vi e w  fi r e w o r k s  from  the  area. To w n Co u n c i l 84 of 16 0 Meeting Date: July 19, 2010 Tr o p h y  Id o l  Ta l e n t  Contest • Th e  Tr o p h y  Id o l  ta l e n t  co n t e s t  to o k  place  at   1: 0 0 p m  an d  fe a t u r e d  8  ac t s  in c l u d i n g  singing,  da n c i n g  an d  gu i t a r s .   • Tr o p h i e s  we r e  aw a r d e d  to  4  fi r s t  place  winners,  wh o  pe r f o r m e d  ag a i n  on  th e  Ma i n  Stage  during   th e  ba n d ’ s  br e a k  at  th e  ev e n i n g  fe s t i v a l .   To w n Co u n c i l 85 of 16 0 Meeting Date: July 19, 2010 Na t i o n a l  An t h e m  Au d i t i o n s • Se v e r a l  pe r f o r m e r s  pa r t i c i p a t e d  in  the  National   An t h e m  Au d i t i o n s  at  2: 3 0 p m .    • Th e  wi n n e r ,  Re b e c c a  Bu n n ,  su n g  the        Na t i o n a l  An t h e m  on  th e  Ma i n  St a g e                     at  th e  co n c l u s i o n  of  th e  ev e n i n g                                fe s t i v a l  ju s t  pr i o r  to  th e  st a r t  of  th e            fi r e w o r k s  sh o w . To w n Co u n c i l 86 of 16 0 Meeting Date: July 19, 2010 4 th of  Ju l y  Pa r a d e • Th e  pa r a d e  st a r t e d  at  BN H S  at  5:15pm  and   wo u n d  th r o u g h  to w n  pa s t  th e  Co m m u n i t y   Po o l  an d  fi n i s h i n g  ba c k  at  th e  hi g h  school. • Th e r e  we r e  18  en t r i e s ,  in c l u d i n g  various   co m m u n i t y  or g a n i z a t i o n s ,  Tr o p h y  Club   fa m i l i e s  an d  ev e n  th e  su m m e r  day  camp! • Th e  ju d g e s  se l e c t e d  wi n n e r s  in  5  categories,  an d  tr o p h i e s  we r e  aw a r d e d  du r i n g  the   ev e n i n g  fe s t i v a l . To w n Co u n c i l 87 of 16 0 Meeting Date: July 19, 2010 To w n Co u n c i l 88 of 16 0 Meeting Date: July 19, 2010 Ev e n i n g  Fe s t i v a l • Th e  6: 0 0 p m  fe s t i v a l  fe a t u r e d  nu m e r o u s  bounce  houses,  sl i d e s ,  ca r n i v a l  ga m e s ,  pr i z e s ,  fa c e  pa i n t e r s ,  caricature   ar t i s t s ,  an d  mo r e .    Th e r e  wa s  an  in f l a t a b l e  pirate  ship   an d  a  pi r a t e  ma g i c i a n  mo v i n g  ar o u n d  th e  crowd  to  fit   wi t h  th e  th e m e  of  th e  ne w  sp r a y  pa d . • Th e  Te j a s Br o t h e r s    pl a y e d  on  th e  Ma i n  Stage, and   du r i n g  br e a k s  th e  cr o w d  wa s  en t e r t a i n e d  by  the   an n o u n c e m e n t  of  Pa r a d e  wi n n e r s  an d  performances  by   Tr o p h y  Id o l  wi n n e r s . • Th e r e  wa s  a  st e a d y  cr o w d  th r o u g h o u t  th e  event. To w n Co u n c i l 89 of 16 0 Meeting Date: July 19, 2010 Fi r e w o r k s • Th e  fi r e w o r k s  di s p l a y  be g a n  at  9:30pm  and   la s t e d  ju s t  ov e r  21  mi n u t e s . • Bo t h  th e  cr o w d  an d  To w n  st a f f  were  pleased   wi t h  th e  sh o w ,  an d  th e  co m p a n y  has  expressed   in t e r e s t  in  pr o v i d i n g  ou r  py r o t e c h n i c  display   ag a i n  ne x t  ye a r . To w n Co u n c i l 90 of 16 0 Meeting Date: July 19, 2010 Ch a l l e n g e s  in  20 1 0 • Ho l d i n g  th e  ev e n t  on  a  Su n d a y – Lo w  pa r t i c i p a t i o n  fr o m  ch u r c h e s  and  other   gr o u p s – Di f f i c u l t y  re c r u i t i n g  vo l u n t e e r s – Ch a n g e s  to  th e  ev e n t  ti m e s • Ba d  we a t h e r  th e  we e k  pr i o r – Re l o c a t i n g  th e  fi r e w o r k s  tr a i l e r – La c k  of  ad d i t i o n a l  pa r k i n g  ar e a – Ro a d  cl o s u r e s / b a r r i c a d e s To w n Co u n c i l 91 of 16 0 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-369-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 4) making supplemental appropriations in the amount of $30,888 for road and utility improvements for the Bobcat Blvd connector road; and providing an effective date. Attachments:Ord. 2010-Amending (4)FY 2009-10 Budget-Bobcat.pdf Action ByDate Action ResultVer. Town Council 92 of 160 Meeting Date: July 19, 2010 File #: 2010-369-T, Version: 1 Title Consider and take appropriate action regarding an Ordinance amending the FY09-10 Budget (Budget Amendment No. 4) making supplemental appropriations in the amount of $30,888 for road and utility improvements for the Bobcat Blvd connector road; and providing an effective date. Body The Town Council unanimously approved a development agreement between the Town of Trophy Club, Denton County, the City of Roanoke, and Northwest Independent School District for road and utility improvements for the Bobcat Blvd connector road at the December 7, 2009 council meeting. The attached budget amendment appropriates the remaining $30,888 of the Highlands' Development reserve designated for improvements associated with the Highlands development. A portion of the Highland's developer's fees paid in 2007-2008were set aside in 2008 and designated for future improvements. Goal #5: A community in which the infrastructure supports its residents Provide necessary resources to maintain all improvements, new and existing Town Council 93 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB ORDINANCE NO. 2010-XX 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. 4 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 road and utility improvements for the Bobcat Blvd connector road; and WHEREAS, On December 7, 2009, the Town Council approved an Agreement between the Town of Trophy Club, Denton County, the City of Roanoke, and Northwest Independent School District for road and utility improvements for the Bobcat Boulevard connector road ; and WHEREAS, A portion of the Highland's developer's fees paid in 2007 and 2008 were set aside in 2008 and designated for future improvements; and WHEREAS, the Bobcat Boulevard Connector road was one of the projects related to the Highlands development; and WHEREAS, this amendment appropriates the remaining $30,888 of the Highlands' Development reserve designated for improvements associated with the Highlands development; 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 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 ORDINANCE NO. 2010-XX File 369 1 Town Council 94 of 160 Meeting Date: July 19, 2010 WHEREAS, the Town Manager has certified that there are available for appropriations $30,888 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 in the foregoing circumstances, appropriations are necessary and therefore determines it appropriate to approve this Ordinance making a supplemental appropriation of $30,888 as Amendment No. 4 to the FY 2009-2010 Budget as more specifically set forth in Exhibit “B”, attached hereto and incorporated herein; 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 availability of excess 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 $30,888 as set forth in Exhibit “B”. This Amendment No. 4 (Exhibit “B”) to the Original FY 2009-2010 Budget 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 fourth budget amendment that has occurred since the October 1, 2009 effective date of the Town’s Fiscal Year 2009-2010 Budget. ORDINANCE NO. 2010-XX File 369 2 Town Council 95 of 160 Meeting Date: July 19, 2010 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 19th day of July, 2010. Mayor, Connie White Town of Trophy Club, Texas ORDINANCE NO. 2010-XX File 369 3 Town Council 96 of 160 Meeting Date: July 19, 2010 [SEAL] ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas ORDINANCE NO. 2010-XX File 369 4 Town Council 97 of 160 Meeting Date: July 19, 2010 Exhibit “A” Town Manager Certification of Revenue Excess The Town has Reserve Funds which are not fund appropriated as revenue available for use in the Town’s FY 2009-2010 Budget. Staff and Council have previously discussed the appropriation of portions of the Reserve Funds as needed for approved expenses. Reserve funds needed for the payment of approved purchases exceed the amount of these revenues estimated in the FY 2009-2010 Budget. Reserve funds are excess revenue available for appropriation in an amount not to exceed $30,888 in the current FY 2009-2010 Budget. It is my recommendation that the moneys be used for the purposes specified in Budget Amendment No. 4 to the FY 2009-2010 Budget. _____________________________________ Stephen Seidel, Acting Town Manager Date:_________________________________ ORDINANCE NO. 2010-XX File 369 5 Town Council 98 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 369 6 Exhibit “B” Town of Trophy Club   Budget Amendment No. 4      Fiscal Year 2009‐2010 General Fund Revenue and Expenditure Budget Increases  of $30,888 for improvements to Bobcat Blvd.                                                           Original Budget    Amendment     Amended Budget      Revenue:        Allocation of Highland’s              Development Reserve         $         ‐0‐                $      30,888            $      30,888       Expenditure:              Capital Expense                      $         ‐0‐                $      30,888            $      30,888             Town Council 99 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-372-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Presentation of the second quarter financial report for the 2009-2010 fiscal year through June; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 100 of 160 Meeting Date: July 19, 2010 File #: 2010-372-T, Version: 1 Title Presentation of the second quarter financial report for the 2009-2010 fiscal year through June; discussion of same. Body The Presentation and information will be made by Staff at the Council meeting. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 101 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-374-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding financial and variance report dated June 2010; discussion of same. Attachments:June 2010 Monthly Financial Reports.pdf Action ByDate Action ResultVer. Town Council 102 of 160 Meeting Date: July 19, 2010 File #: 2010-374-T, Version: 1 Title Consider and take appropriate action regarding financial and variance report dated June 2010; discussion of same. Body June 2010 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. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 103 of 160 Meeting Date: July 19, 2010 Town Council 104 of 160 Meeting Date: July 19, 2010 Town Council 105 of 160 Meeting Date: July 19, 2010 Town Council 106 of 160 Meeting Date: July 19, 2010 Town Council 107 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-377-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding an Intergovernmental Contract for Employee Services between the Town and TCMUD No. 1, and authorizing the Mayor or her designee to execute necessary documents. Attachments:Combined Employee Services - 07142010 (2).pdf 2010-2011 Town Org Chart Draft.pdf 2010-2011 MUD Org Chart Draft.pdf Action ByDate Action ResultVer. Town Council 108 of 160 Meeting Date: July 19, 2010 File #: 2010-377-T, Version: 1 Title Consider and take appropriate action regarding an Intergovernmental Contract for Employee Services between the Town and TCMUD No. 1, and authorizing the Mayor or her designee to execute necessary documents. Body The attached draft has had multiple revisions since last submitted to Council. It has been provided to the lawyer for MUD1. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 109 of 160 Meeting Date: July 19, 2010 July 14, 2010 DRAFT INTERLOCAL AGREEMENT FOR EMPLOYEE AND CONTRACTUAL SERVICES This Interlocal Agreement for Employee and Contractual Services (the "Agreement") is made by and between the following parties: Trophy Club Municipal Utility District No. 1 (“MUD1”) 100 Municipal Drive Trophy Club, Texas 76262 and Town of Trophy Club, Texas ("Town") 100 Municipal Drive Trophy Club, Texas 76262, MUD1 and Town may also be individually referred to as “Party” or collectively referred to as the “Parties.” WHEREAS, MUD1 is a Municipal Utility District created and operating under the provisions of Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapter 54 and 49 of the Texas Water Code, as amended. WHEREAS, Town is a home-rule municipal corporation duly organized and operating pursuant to the Constitution and laws of the State of Texas and its home rule charter. WHEREAS, MUD1 and Town each perform certain governmental services or functions within their respective jurisdictions. Prior to the execution of this Agreement, MUD1 and Town were parties to a written agreement dated and effective as of October 1, 1998, entitled INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the "1998 CONTRACT FOR EMPLOYEE SERVICES") wherein MUD1 (in its capacity as the "Master District" at that time for itself and MUD 2) and Town agreed that all employees of MUD1 became employees of Town subject to the personnel policies of Town and included on the payroll of Town so that employment salaries, benefits, and personnel policies of both MUD1 and Town could be administered more efficiently, effectively, and economically. The 1998 CONTRACT FOR EMPLOYEE SERVICES was renewed and amended with the last amendment having become effective in February of 2008. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 1 Town Council 110 of 160 Meeting Date: July 19, 2010 WHEREAS, as a result of the consolidation election held in May, 2009, MUD1 and MUD2 were consolidated with the consolidated entity being named Trophy Club MUD 1. Since the consolidation election, MUD1 and Town have determined it necessary to change the structure and terms of the 1998 Contract for Employee Services; and therefore, this Agreement supersedes the 1998 CONTRACT FOR EMPLOYEE SERVICES and all amendments thereto. WHEREAS, this Agreement is executed by MUD1 and Town as an Interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code. WHEREAS, this Agreement has been authorized by the governing body of each Party to this Agreement. The governing body of each Party to this Agreement has determined that the terms and provisions of this Agreement are desirable, fair, and advantageous for that party and therefore the Agreement serves a valid public purpose. WHEREAS, the Parties to this Agreement believe that their longstanding contractual and cooperative relationship benefits both Town and MUD1, and their respective taxpayers and customers, because employee services and the administration of employment issues are handled in a more efficient, effective and economical manner, and governmental services which are the responsibility of each of the respective entities are performed by a single combined workforce consisting of Town Employees, MUD1 Funded Employees, and Jointly Funded Employees. WHEREAS, the Parties agree that while MUD1 and Town each perform distinct governmental services or functions within their respective jurisdictions, they also have a community of interest in performing these services and functions. MUD1 and Town have determined that this community of interest is best served by continuing their cooperative and intergovernmental contractual relationship with respect to employment services and employment benefits and that all costs paid hereunder shall be paid from current revenues legally available to each Party. NOW, THEREFORE, for and in consideration of the above and foregoing premises, the benefits flowing to each of the parties hereto, and other good and valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Municipal Utility District No. 1 do hereby contract and agree as set forth herein below and the foregoing recitals are agreed upon and incorporated herein as a part of this Agreement. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 2 Town Council 111 of 160 Meeting Date: July 19, 2010 I. Term / Termination 1.01 Term. Upon approval by the respective governing bodies of MUD1 and Town, the Parties agree that this Agreement shall be executed by their respective authorized representatives and shall take effect on October 1, 2010. The initial term of this Agreement shall be for a period of one (1) year, and this Agreement shall automatically renew annually for five (5) additional periods of one (1) year each unless written notice of nonrenewal by either party is given to the other Party at least ninety (90) days prior to October 1 of each year. 1.02 Termination for Default. Either Party may terminate this Agreement for the failure of the other Party to perform its obligations hereunder if such defaulting Party fails to cure the default within ninety (90) days after the date of written notice of default. II. Definitions 2.01 Administrative Assistance: Miscellaneous clerical and administrative services provided by a designated individual Town Employee or Town Employees for the purpose of providing administrative support to Jointly Funded Employees as provided in this Agreement. 2.02 Benefits: Programs for health insurance, life insurance, disability, retirement, workers compensation and similar employment type benefits provided by Town to its Employees pursuant to Town employment policies. 2.03 Benefits and Human Resources Services: Services provided by designated Town Employee(s) in order to process benefits for and enrollment in various retirement programs, disability, health and life insurance programs, and workers compensation programs approved and funded by Town and/or MUD1, and services necessary to provide general training programs that are available to all Town Employees and/or that are requested by MUD1. 2.04 Emergency Medical Services: Health care provided by trained paramedics. 2.05 Fire Chief: The Jointly Funded Employee supervising the Trophy Club Fire Department who reports directly to the District Manager and the Town Manager. 2.06 Firefighting Services: Fire suppression, fire prevention, fire code enforcement and investigation, and public education provided by trained firefighters. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 3 Town Council 112 of 160 Meeting Date: July 19, 2010 2.07 Information Technology Department: The Information Technology Department operated by Town, which provides any and all technology related services and support. 2.08 Jointly Funded Employees: Town Employees, including a Fire Chief, Firefighters and/or Emergency Medical Services Personnel, who provide Firefighting Services and Emergency Medical Services to both MUD1 and Town. 2.09 MUD1 Funded Employees: Employees of Trophy Club Municipal Utility District No. 1 who report to and are supervised by the MUD1 District Manager per the MUD1 organizational chart, including without limitation, employees of Municipal Utility District No. 1 who report directly to the MUD1 Board of Directors. 2.10 Operation(s), Operational, Operational Functions and/or Operational Standards: Those technical functions performed by Jointly Funded Employees and/or MUD1 Funded Employees for MUD1 which are governed or regulated by a state or federal regulatory agency, regulatory standards or permit standards, or other applicable local, state, or federal law or which are regulated by an SOP of MUD1 pursuant to this Agreement. 2.11 Permit Department: The Permit Department operated by Town which provides fee collection services, general customer service, utility related services, including without limitation, the processing of work orders, and other related services. 2.12 Personnel Policies: The personnel policies entitled “Municipality of Trophy Club Personnel Manual, effective June 15, 2006, and approved by Town and MUD1, and as hereafter amended by agreement of the Town Manager and District Manager and approved by the respective governing bodies of Town and MUD1 as required by their respective policies and procedures. 2.13 Support Services: Services provided to MUD1 by Town Employees assigned to the Permit Department; Town Employees assigned to the Information Technology Department; Jointly Funded Employee who provide Emergency Medical Services, Town Employees who provide Administrative Assistance in accordance with this Agreement, and Town Employees who provide Benefits and Human Resources Services as specifically identified in this Agreement. 2.14 Town Employees: Employees of the Town of Trophy Club who report to and are supervised by the Town Manager per the Town of Trophy Club’s organizational chart, including without limitation, employees of the Town of Trophy Club who report directly to the Town Council. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 4 Town Council 113 of 160 Meeting Date: July 19, 2010 III. Categories of Employees and Employee Supervision 3.01 Jointly Funded Employees. Town and MUD1 have determined it to serve their best interests and the best interests of the taxpayers of the Town by collaboratively providing Firefighting Services and Emergency Medical Services through the Trophy Club Fire Department operated by MUD1 (hereinafter “Fire Department”.) The Fire Department provides all fire and medical emergency related services to the residents of the Town of Trophy Club. In the interests of safety and efficiency, Town and MUD1 utilize a combined professional staff of Jointly Funded Employees to provide those services. Town pays for the costs of Emergency Medical Services and MUD1 pays for the costs of Firefighting Services on an equal basis as more specifically set forth in Section 5.01 of Paragraph V “Jointly Funded Employees.” Additionally, Town shall provide certain services for Jointly Funded Employees as more specifically set forth in Paragraph IV “Contractual Services” of this Agreement. In consideration for those services provided to Jointly Funded Employees under Paragraph IV, MUD1 shall compensate Town in accordance with Section 5.01 of Paragraph V “Compensation”. The Parties understand and agree that on and after the effective date of this Agreement, all Jointly Funded Employees shall continue as Town Employees and shall be subject to the personnel policies adopted by Town in accordance with the terms of this Agreement. The Parties agree that the attached organizational chart identifies the operating structure of the respective operations of the Parties and their relationship under this Agreement. The Organizational Chart is attached hereto and incorporated herein as Exhibit A. MUD1 shall have exclusive control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all such Jointly Funded Employees providing Firefighting Services through the Fire Chief who reports to both the Town Manager and District Manager. Town shall have exclusive control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all such Jointly Funded Employees providing Emergency Medical Services through the Fire Chief who reports to both the Town Manager and District Manager. 3.02 MUD1 Funded Employees. MUD1 has employees which are the exclusive employees of MUD1. MUD1 shall have exclusive control and oversight over the Operation(s), performance, reporting, hiring, firing, and discipline of all MUD1 Funded Employees. Town has agreed to provide services for MUD1 Funded Employees as set forth in Paragraph IV “Contractual Services” of this Agreement. Prior to and consistently since the incorporation of the Town, MUD1 or its predecessors have provided water and wastewater services to the residents of the Town of Trophy Club. Currently, MUD1 Funded Employees provide water and wastewater services to the residents of Town. Water and wastewater services are governmental N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 5 Town Council 114 of 160 Meeting Date: July 19, 2010 functions which Town also has authority under state law to provide to its residents. The provision of water and wastewater services to Town by MUD1 is beneficial to Town and the residents of Town. In consideration for those services provided by MUD1 Funded Employees, Town has agreed to provide Benefits for MUD1 Funded Employees as set forth in Paragraph V “Compensation” of this Agreement. IV. Contractual Services 4.01 Support Services Provided to MUD1. Town shall provide Support Services to MUD1 in accordance with the following provisions: A. Benefits and Human Resources Services. Town shall provide Benefits and Human Resources Services as defined above to MUD1 Funded Employees and to Jointly Funded Employees. In consideration for the Benefits and Human Resources Services provided by Town, MUD1 shall compensate Town in accordance with Section 5.02 of Paragraph V. “Compensation”. Town shall have exclusive control and oversight over the Operations, performance, hiring, firing, and discipline of the employees providing Benefits and Human Resources Services to MUD1 under this Agreement. B. Other Support Services. Town shall provide services as more specifically described herein from the Information Technology Department, from the Permit Department, and shall also provide Administrative Assistance to MUD1 Funded Employees and Jointly Funded Employees (hereinafter collectively referred to as “Other Support Services”.) In consideration for the provision of such Other Support Services provided by Town, MUD1 shall compensate Town in accordance with Section 5.02 of Paragraph V. “Compensation”. 1. Information Technology Department. The Information Technology Department shall provide the use of all existing hardware and software purchased or funded solely by MUD1 and/or jointly by MUD1 and Town in accordance with properly executed licensing agreements. The Information Technology Department shall provide general implementation, support, and assistance with the use of all hardware and software in existence upon execution of this Agreement and thereafter acquired or funded solely by MUD1 and/or jointly by MUD1 and Town. All hardware, software, or other infrastructure items acquired for the sole use by Town or MUD1 shall be funded 100% by Town or MUD1 respectively. The Information Technology Department shall provide the same level of N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 6 Town Council 115 of 160 Meeting Date: July 19, 2010 service to MUD1 as provided to Town as if Town and MUD1 were one and the same. 2. Permit Department. The Permit Department shall provide services for the acceptance and processing of permit applications and for the completion of any and all inspections required by MUD1 Orders, policies and regulations. The Permit Department shall relieve and/or assist the Utility Billing Department on an as-needed basis as agreed upon by the Town Manager and District Manager. The Permit Department shall provide the same level of service to MUD1 as provided to Town as if Town and MUD1were one and the same. 3. Administrative Assistance. Administrative Assistance shall be provided as necessary to support those Jointly Funded Employees providing Firefighting Services. Administrative Assistance shall be provided to MUD1 at the same level of service as provided to Town as if Town and MUD1 were one and the same. 4.02 Oversight. Town shall have exclusive control and oversight over performance, Operational reporting, hiring, firing, and discipline of Town Employees providing Support Services. MUD1 shall not have any hiring, firing, or supervisory authority over Town Employees providing Support Services to MUD1. V. Compensation 5.01 Jointly Funded Employees. As compensation for the services provided to MUD1 by Jointly Funded Employees under this Agreement, upon Town presenting a detailed listing of all incurred expenses, MUD1 agrees to pay to Town at least monthly an amount equal to fifty percent (50%) of the actual costs incurred by Town for salary, benefits, and other compensation of the Jointly Funded Employees providing services to MUD1, subject to Paragraph IX. “Budget/New Jointly Funded Employees” of this Agreement. The term "actual costs" as used in this Agreement means those costs that Town incurs over and above the cost that Town would incur if it were not providing personnel to perform services for Jointly Funded Employees. Whenever practical to do so, Town shall have costs (other than employee costs) associated with MUD1 functions charged directly to MUD1, including but not limited to training expenses, travel, supplies, administrative and other miscellaneous costs not directly attributable to salary benefits and other compensation. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 7 Town Council 116 of 160 Meeting Date: July 19, 2010 5.02 Equipment Use. Town and MUD1 agree that the use of all equipment owned by or leased by Town and/or MUD1 may be used by licensed and/or qualified Town Employees, MUD1 Funded Employees and/or Jointly Funded Employees in the performance of Town and/or MUD1 business on a “share and share alike” basis provided that the requesting Party receives prior approval of the Manager for the Party owning or leasing such equipment. 5.03 Support Services. As compensation for the Support Services provided to MUD1 Employees and Jointly Funded Employees by Town Employees under this Agreement, MUD1 agrees to pay to Town a sum not to exceed TWO HUNDRED TWENTY EIGHT THOUSAND SEVENTY FIVE AND 63/100 DOLLARS ($228,075.63). Payment shall be made in two (2) installments. The first installment shall be paid on October 1, 2010 and the second installment shall be due on March 1, 2011. A detail of the costs of the Support Services provided is attached hereto and incorporated herein as Exhibit “B” entitled “Cost Details”. 5.04 Financial Services. Parties agree to reciprocate their financial expertise and services equitably, especially in the first year of the contract, as if they were one of the same. 5.05 MUD1 Funded Employees - Benefits. The Parties recognize that MUD1 provides a valuable service to the residents of the Town by providing water and wastewater services. The Parties further recognize that by providing such services to the residents of Town, MUD1 and Town receive a benefit in cost efficiencies and quality of service. In consideration for the provision of those services by MUD1 and the gain received by Town as a result thereof, Town shall allow MUD1 Funded Employees to participate in the Benefits provided by Town to Town Employees. MUD1 Funded Employee participation shall be to the same extent and on the same level that Town Employees are allowed to participate in such Benefits. MUD1 shall pay all costs associated with the provision of Benefits to MUD1 Funded Employees and all other costs of the services of MUD1 Funded Employees, except as may be expressly provided herein. 5.06 Miscellaneous Expenses. Each of the Parties shall be responsible for the cost of all materials necessary for the support and completion of their respective programs and projects. VI. MUD1 Management MUD1 retains a Manager to oversee the operations of MUD1 (hereinafter “District Manager”). The District Manager may be an independent contractor or a MUD1 Funded Employee. This Agreement is not intended to make any change in any separate contract that may exist now or in the future between MUD1 and N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 8 Town Council 117 of 160 Meeting Date: July 19, 2010 the District Manager. Whether the District Manager is an independent contractor, or MUD1 Funded Employee, the District Manager shall report directly to the Board of Directors of MUD1 except where otherwise specifically provided in this Agreement. The person designated as the District Manager for MUD1 shall be exclusively supervised and directed by the Board of Directors of MUD1. District Manager shall be entitled to participate in Benefits provided by Town to Town Employees. District Manager participation shall be to the same extent and on the same level that Town Employees are allowed to participate in such Benefits. VII. Personnel Policies 7.01 Personnel Policies - Interim. MUD1 and Town agree to continue operating under the previously adopted Personnel Policies (defined above) until such time as new personnel policies are adopted in accordance with Section 7.02 of this Agreement. Until such time as new policies are adopted, both Parties agree to comply with the following: a. Jointly Funded Employees, MUD1 Funded Employees, and Town Employees shall all be subject to and governed by the Personnel Policies. b. Additions, deletions or other changes to the Personnel Policies that do not involve a fiscal impact may be changed by joint agreement of the District Manager and Town Manager. c. Additions, deletions or other changes to the Personnel Policies that cause, affect or otherwise involve a fiscal impact shall first be approved by each Party’s respective governing body as a condition precedent to implementation of any such addition, deletion or change. 7.02 Companion Personnel Policies. Town and MUD1 understand and agree that the implementation of this Agreement and the resulting changes to their respective organizational structures may necessitate changes to the existing Personnel Policies. The Town Manager and District Manager shall collectively review existing Personnel Policies and shall work together to develop separate but companion personnel policies, which to every extent practicable shall keep MUD1 personnel policies and Town personnel policies aligned and consistent. Further, each Party agrees to work together when amending its respective policies in order to keep such policies as consistent as practicable with the personnel policies of the other Party. The Town Manager and the District Manager agree to complete the review and development of their respective personnel policies as expediently as possible. The Parties further agree to implement their respective personnel policies on the same date. Until the personnel policies of both Town and N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 9 Town Council 118 of 160 Meeting Date: July 19, 2010 MUD1 have been implemented, the Parties shall continue to operate under the Personnel Policies in accordance with Section 7.01 hereinabove. VIII. Standard Operating Procedures The Fire Chief shall develop and implement Standard Operating Procedures (“SOPs”) applicable to Jointly Funded Employees and governing the use of assets and facilities of both Town and MUD1; provided however that such SOPs shall not conflict with Personnel Policies, including personnel policies adopted after the effective date of this Agreement. Prior to implementation, the SOPs must be approved by both the Town Manager and the District Manager. IX. Budget / New Jointly Funded Employees Each year, as part of the approval of the respective budgets of the Parties, the governing body for each of the Parties approves a listing of funded positions and/or an organizational chart showing all Jointly Funded Employee positions. The approved budgets contain detailed information regarding the amount of money that each of the parties hereto contributes toward the expenses of such Jointly Funded Employee positions. Town and MUD1 agree hereunder that the positions and payment approved in their respective budgetary processes shall comply with the terms of this Agreement and shall serve as partial consideration for the services provided under this Agreement. As new or additional Jointly Funded Employees are needed to perform services for MUD1, Town shall follow Town personnel policies and procedures in the selection of those employees. Prior to the hiring of any Jointly Funded Employee to perform services for MUD1, Town shall request from MUD1, or its designee, the approval of the selection, compensation, benefits, and job description of each such Jointly Funded Employee. In the event of a conflict under this Paragraph, the District Manager and Town Manager shall meet and discuss the identified conflict and shall use reasonable efforts to resolve the conflict in order to meet the needs of both MUD1 and Town. MUD1 shall not be required to fund any decision that it has not approved regarding a Jointly Funded Employee. All Jointly Funded Employees shall be supervised and directed by the Fire Chief with discipline for such Jointly Funded Employees being administered in accordance with Paragraph XI “Discipline of Jointly Funded Employees”. Nothing in this Agreement shall be interpreted as an abdication by MUD1 of their governmental rights, powers, and duties with regard to services provided by MUD1 to third parties. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 10 Town Council 119 of 160 Meeting Date: July 19, 2010 XI. Discipline of Jointly Funded Employees The Parties agree that Personnel Policies (defined above) and Town adopted standard personnel policies and disciplinary procedures which are implemented after the effective date of this Agreement in accordance with Paragraph VII “Personnel Policies” (hereinafter collectively “Town Personnel Manual”), shall apply to all Jointly Funded Employees. The following provision(s) shall apply to Jointly Funded Employees: 1. In all cases in which the established facts show a clear violation of the Town Personnel Manual, its provisions shall apply and shall be administered by the Town Manager alone in accordance with the Town Personnel Manual. In addition to Town Personnel Manual, MUD1 has established certain Standard Operating Procedures (SOPs) to be followed by Jointly Funded Employees. 2. In cases where an alleged violation of Town Personnel Manual is not clearly defined by the facts but where an alleged violation of one or more of the SOPs of MUD1 exists, the input of the District Manager shall be a prerequisite to any disciplinary measure taken for such violation. Should the input of the District Manager result in a conflict with the disciplinary measure proposed by the Town Manager, then the Town Manager and the District Manager shall work to resolve such conflict, and if they are unable to resolve the conflict, the conflict shall be resolved by referral of the matter to the MUD1 President and to the Town Mayor for final disposition. XII. Liability; Insurance; Workers Compensation Coverage; Indemnification 12.01 Liability. Town shall be responsible for the acts, negligence, and omissions of Town Employees providing Support Services to MUD1 and of Jointly Funded Employees performing services for MUD1, unless the acts or omissions were pursuant to Operational Standards or SOPs of MUD1 or District Manager or actions or omissions performed pursuant to or under the direction, supervision, or instruction of MUD1 or of the District Manager. If the acts or omissions were pursuant to Operational Standards or SOPs of MUD1 or of the District Manager, or the acts or omissions were performed pursuant to or under the direction, supervision, or instruction of MUD1 or of District Manager, MUD1 shall assume liability for the acts, negligence or omissions of such Town Employees. 12.02 Liability Insurance and Workers Compensation Coverage. The Parties to this Agreement shall each individually obtain liability insurance, with N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 11 Town Council 120 of 160 Meeting Date: July 19, 2010 coverages as mutually agreed upon, that the parties determine will insure themselves individually and collectively from liabilities related to and arising out or this Agreement and fulfill the indemnity obligations of each party, to the extent allowed by law, under this Agreement. Such insurance shall insure against liability arising out of or related to the work performed by Jointly Funded Employees under this Agreement, with both parties named as additional insured under such insurance policies. Notwithstanding the foregoing, Town shall provide and administer Workers Compensation coverage for Jointly Funded Employees in addition to all Town Employees. MUD1 shall administer the Workers Compensation coverage for MUD1 Funded Employees. 12.03 Indemnification. To the extent allowed by law, both Town and MUD1 agree to defend, indemnify and hold each other harmless from their respective negligence or intentional conduct arising out of or related to this Agreement and resulting in harm to them individually or to a third party, including without limitation property damage to the parties hereto or to a third party. The indemnity provided hereunder extends to all costs and expenses incurred, including reasonable attorney's fees, to defend against, settle or pay the claim asserted by another. In the event a written claim is made by another against either Town or MUD1, written notice of the claim shall immediately be given to the other party, in order that the other party may determine whether its indemnity duty must be performed and in order to allow the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be deemed or determined unenforceable or contrary to public policy by a court of competent jurisdiction, then each party shall contribute to any judgment according to its percentage of fault. 12.04 Governmental Immunity. Notwithstanding the foregoing, neither Town nor MUD1 waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions, and nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either Town or MUD1. XIII. Further Cooperation The Parties to this Agreement agree to cooperate, to sign and to deliver any other documents that may be necessary or appropriate to implement the provisions of this Agreement. In the event of a conflict under this Agreement, the Parties agree to meet and discuss the identified conflict and to use reasonable efforts to resolve the conflict in order to meet the needs of both MUD1 and Town. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 12 Town Council 121 of 160 Meeting Date: July 19, 2010 XIV. Miscellaneous 14.01 Severability. If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 14.02 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. 14.03 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. 14.04 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Party hereto. 14.05 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 14.04 herein. 14.06 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: Town: N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 13 Town Council 122 of 160 Meeting Date: July 19, 2010 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Attention: Town Manager MUD1: Trophy Club Municipal Utility District No. 1 100 Municipal Drive Trophy Club, Texas 76262 Attention: District Manager 14.07 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. 14.08 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. 14.09 Independent Parties. The Parties intend that Town and MUD1 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 Town or MUD1, or their respective officials, 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. 14.10 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. 14.11 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. N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 14 Town Council 123 of 160 Meeting Date: July 19, 2010 14.12 Force Majeure. Neither 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. XV. Execution and Date This Agreement is signed by the Parties in multiple counterparts. This Agreement is dated and shall be effective for all purposes as of October 1, 2010. TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB, TEXAS DISTRICT NO. 1 By: _______________________ By: ___________________________ Jim Thomas, President Connie White, Mayor Attest: Attest: By: _______________________ By: ___________________________ Mary Moore, MUD Secretary Lisa Hennek, Town Secretary Approved as to form: Approved as to form: _____________________________ _______________________________ Attorney for MUD1 Patricia A. Adams, Town Attorney N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 15 Town Council 124 of 160 Meeting Date: July 19, 2010 N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 16 EXHIBIT “A” ORGANIZATIONAL CHART Town Council 125 of 160 Meeting Date: July 19, 2010 N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth Draft).doc 17 EXHIBIT “B” COST DETAILS 2010/2011 Contract Amount Admin % Admin Cost Department Cost Total Cost General Admin 1.67% $0.00 $0.00 Payroll $45,653.00 $47,479.12 HR $31,417.00 Finance $14,236.00 IT $77,284.00 3.34% $9,808.26 $87,092.26 $90,575.95 Fire Admin $25,479.00 1.67% $4,904.13 $30,383.13 $31,598.46 Permitting $31,488.00 1.67% $4,904.13 $36,392.13 $37,847.82 Fire Department $0.00 $19.782.97 $19.782.97 $20,574.29 $219,303.49 $228,075.63 Town Council 126 of 160 Meeting Date: July 19, 2010 To w n M a n a g e r To w n A t t o r n e y Town Secretary As s i s t a n t T o w n Ma n a g e r Fire Chief Se n i o r B l d g In s p e c t o r Pe r m i t O f f i c i a l Di r e c t o r o f S t r e e t Se r v i c e s Di r e c t o r o f P a r k s & R e c r e a t i o n Police Chief HR C o o r d i n a t o r Ne t w o r k S u p p o r t Sp e c i a l i s t Deputy Town Secretary/RMO Se n i o r Fi n a n c i a l An a l y s t Fi n a n c i a l An a l y s t / C o u r t Ad m i n i s t r a t o r Pr e v i o u s l y Se n i o r Ac c o u n t a n t Co u r t C l e r k St r e e t s C r e w Le a d e r St r e e t Ma i n t e n a n c e Wo r k e r I ( 2 ) St r e e t Ma i n t e n a n c e Wo r k e r I I ( 1 ) Re c r e a t i o n Su p e r v i s o r Aq u a t i c s / O u t d o o r Su p e r v i s o r Pa r k s S u p e r v i s o r Pa r k s C r e w Le a d e r Ir r i g a t i o n Te c h n i c i a n La n d s c a p e Ma i n t e n a n c e Wo r k e r (4 ) Police Sergeant -CIDPolice Commander -OperationsAdministrative Assistant SRO Code Enforcement/ACOPatrol Sergeant Patrol Officer (9) Fire Lieutenant (3) Driver/Engineer (3)Firefighter (6) IS D i r e c t o r Di r e c t o r o f F i n a n c e HR M a n a g e r Bu d g e t / Fi n a n c i a l An a l y s t Co m m u n i t y De v e l o p m e n t Di r e c t o r Reserve Patrol Officer(s) To w n Co u n c i l 12 7 of 16 0 Meeting Date: July 19, 2010 Re s i d e n t s / C u s t o m e r s / R a t e Pa y e r s MU D 1 B o a r d Di s t r i c t M a n a g e r MU D S e c r e t a r y Se n i o r A c c o u n t a n t Fire Chief j o i n t f u n d e d employee As s i s t a n t U t i l i t y Su p e r i n t e n d e n t Ad m i n i s t r a t i v e As s i s t a n t / Re c e p t i o n i s t Ut i l i t y B i l l i n g Ad m i n i s t r a t o r Ut i l i t y B i l l i n g As s i s t a n t As s i s t a n t Su p e r i n t e n d e n t - Wa t e r As s i s t a n t Su p e r i n t e n d e n t - Co l l e c t i o n s As s i s t a n t Su p e r i n t e n d e n t - WW T P Ut i l i t y W o r k e r s – Wa t e r 10 0 % M U D Ut i l i t y W o r k e r s – Co l l e c t i o n s 10 0 % M U D Ut i l i t y W o r k e r s – Wa s t e w a t e r 10 0 % M U D Firefighters jo i n t f u n d e d employeesTown Manager To w n Co u n c i l 12 8 of 16 0 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-378-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding an Ordinance amending Chapter 5 entitled, "General Land Use", Article I, entitled "Mobile Home & HUD-Code Manufactured Home Placement and Replacement", of the Code of Ordinances, by amending Section 1.07 entitled, "Maintaining Heavy Vehicles, Boats and Trailers" to clarify the screening requirements for heavy vehicles, boats and trailers maintained within the Town. Attachments:Ord. 2010-XX Amending Chap 5_ Maintain Vehicles Boats Trailers.pdf Action ByDate Action ResultVer. Town Council 129 of 160 Meeting Date: July 19, 2010 File #: 2010-378-T, Version: 1 Title Consider and take appropriate action regarding an Ordinance amending Chapter 5 entitled, "General Land Use", Article I, entitled "Mobile Home & HUD-Code Manufactured Home Placement and Replacement", of the Code of Ordinances, by amending Section 1.07 entitled, "Maintaining Heavy Vehicles, Boats and Trailers" to clarify the screening requirements for heavy vehicles, boats and trailers maintained within the Town. Body In response to Code Enforcement complaints regarding commercial vehicles kept on Trophy Club residential property, Staff reviewed the Ordinance that regulates the allowed locations of commercial vehicles and determined that slight changes were needed to clarify the regulations. The ordinance is revised to clarify that a "solid" fence is needed to screen the vehicle from a public street, and that no more than 18 inches of the vehicle should be visible above the top of the fence. Goal #4: Picturesque Town Maintain neat and tidy appearance Improve property maintenance standards Be recognized for our aesthetics Town Council 130 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 386 1 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010- AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SECTION 1.07 ENTITLED “MAINTAINING HEAVY VEHICLES, BOATS AND TRAILERS” OF ARTICLE I ENTITLED “MOBILE HOME & HUD-CODE MANUFACTURED HOME PLACEMENT AND REPLACEMENT” OF CHAPTER 5 ENTITLED “GENERAL LAND USE” OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club (hereinafter referred to as “Town”) is a Home Rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and WHEREAS, the Town previously adopted regulations governing the keeping of heavy vehicles, boats and trailers within the Town which are codified in Article I entitled “Mobile Home & HUD-Code Manufactured Home Placement and Replacement” of Chapter 5 entitled “General Land Use” of the Code of Ordinances of the Town of Trophy Club; and WHEREAS, Town Council has determined it necessary to update the regulations in Section 1.07 entitled “Maintaining Heavy Vehicles, Boats and Trailers” of Article I of Chapter 5 of the Town’s ordinance governing the manner in which heavy vehicles, boats and trailers may be maintained within the Town; and WHEREAS, this amendment is necessary in order to facilitate the objective of screening heavy vehicles, boats and trailers from public view when wrought iron style fencing is in place so as to preserve good order by reducing attractive nuisance within the Town; and WHEREAS, the Town Council of the Town of Trophy Club, Texas recognizes this need as meeting a valid governmental objective of protecting the health, safety and welfare of the citizens of the Town; and Town Council 131 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 386 2 WHEREAS, the Town Council has determined it appropriate to amend Section 1.07 of Article I of Chapter 5 of the Code of Ordinances of the Town as more fully set forth herein; and WHEREAS, the Town Council hereby finds that the regulations established herein are in the best interest of the health, safety and general welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS. SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENT 2.01 Section 1.07, entitled “Maintaining Heavy Vehicles, Boats and Trailers” of Article I, entitled “Mobile Home & HUD-Code Manufactured Home Placement and Replacement” of Chapter 5 entitled “General Land Use” of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended, so that Section 1.07 shall be and read in its entirety as follows: “Section 1.07 Maintaining Heavy Vehicles, Boats, and Trailers” It shall be unlawful for any person who is a resident of the Town to locate or maintain any truck or commercial vehicle with a registered gross vehicle weight greater than one and one-half (1 ½) tons, a boat, or a trailer within the Town for more than two (2) days per month unless the truck or commercial vehicle, boat, or trailer is enclosed in a garage or screened behind a solid fence no greater than six (6) feet in height, or eight (8) feet in height where allowed by Ordinance, and is not visible from a public street. A truck or commercial vehicle, boat, or trailer shall be deemed screened behind a solid fence when no portion of the truck, commercial vehicle, boat or trailer is visible through the fence and no more than eighteen (18) inches of such truck, commercial vehicle, boat or trailer is visible above the top of the fence. Garages, fences and screening materials shall be in compliance with all other Town ordinances and regulations. SECTION 3. CUMULATIVE REPEALER Town Council 132 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 386 3 This Ordinance shall be cumulative of all other Ordinances relating to the maintenance of heavy vehicles, boats and trailers within the Town and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance. In the event that there is a conflict between the provisions adopted via this Ordinance and those contained in existing Ordinances, the provisions of this Ordinance shall control and the conflicting provisions of such other Ordinances are hereby repealed. Ordinances or parts thereof in force at the time this Ordinance takes effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such conflicting Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the previously adopted Ordinance shall remain in full force and effect. SECTION 4. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting the maintenance of heavy vehicles, boats and trailers within the Town which have secured at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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 this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Town Council 133 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 386 4 SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. 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 as required by Charter. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 19th day of July, 2010. Mayor, Connie White Town of Trophy Club, Texas [SEAL] ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town Council 134 of 160 Meeting Date: July 19, 2010 ORDINANCE NO. 2010-XX File 386 5 Town of Trophy Club, Texas Town Council 135 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-379-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding a Declaration of City of Service. Attachments:Cites of Service Letter to Mayor.pdf Declaration of Cities of Service.pdf Action ByDate Action ResultVer. Town Council 136 of 160 Meeting Date: July 19, 2010 File #: 2010-379-T, Version: 1 Title Consider and take appropriate action regarding a Declaration of City of Service. Body Cities of Service is intended for cities of all sizes - and in fact, there is quite a range in the size of cities currently represented. Trophy Club would not be the smallest! There is not a cost involved with being a member. To join, you would simply sign the attached Declaration of Service, committing to: ·Developing a comprehensive service plan and a coordinated strategy focused on matching volunteers and established community partners to the areas of greatest local need; ·Working with other mayors and elected officials to advance strategies and best practices that accelerate the service movement and produce measurable results; ·Encouraging other mayors to join this national effort to engage our citizens; and ·Ensuring that the voice of cities is heard in federal legislative, policy, and program discussions related to service, which will help the country achieve the ambitious goals of the Serve America Act. Cities of Service provides technical assistance to all members, including the Cities of Service Playbook, a step-by-step guide to developing a comprehensive citywide service plan. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 137 of 160 Meeting Date: July 19, 2010 From: Katie Appel To: Connie White Sent: Wednesday, June 23, 2010 8:16 AM Subject: Re: Cities of service Mayor White ‐     Thanks for reaching out. We would love for Trophy Club to join the  coalition. In fact, if you joined now, you would be our 100th member which  would be great!    Cities of Service is intended for cities of all sizes – and in fact, there is quite  a range in the size of cities currently represented. Trophy Club would not be  the smallest! There is not a cost involved with being a member. To join, you  would simply sign the attached Declaration of Service, committing to:  Developing a comprehensive service plan and a coordinated strategy  focused on matching volunteers and established community partners  to the areas of greatest local need;   Working with other mayors and elected officials to advance  strategies and best practices that accelerate the service movement  and produce measurable results;   Encouraging other mayors to join this national effort to engage our  citizens; and   Ensuring that the voice of cities is heard in federal legislative, policy,  and program discussions related to service, which will help the  country achieve the ambitious goals of the Serve America Act.   Cities of Service provides technical assistance to all members, including the  Cities of Service Playbook, a step‐by‐step guide to developing a  comprehensive citywide service plan.    I hope to hear from you soon‐  Katie Appel Town Council 138 of 160 Meeting Date: July 19, 2010 DECLARATION OF SERVICE WHEREAS America has a proud tradition of service and volunteerism that dates back to the colonial era and today can be found in communities across the fifty states; WHEREAS the bipartisan Edward M. Kennedy Serve America Act, signed into law by President Barack Obama on April 21, 2009 builds on this tradition, encouraging all Americans to serve their communities in new ways; WHEREAS cities, home to many of the nation’s most persistent challenges, are positioned to bring new leadership, facilitation, and innovation to the service movement; WHEREAS the current need for public-spirited residents to help address increased hardship resulting from the global financial and housing crises is clear; WHEREAS service enriches the lives of Americans of all ages, and each new generation of young Americans must be engaged to tackle emerging challenges; NOW, THEREFORE, we resolve to develop a coalition of mayors from cities large and small to work together to harness and focus the energies of our citizens. Cities of Service coalition members will support efforts to increase service opportunities in our cities by: Developing a comprehensive service plan and a coordinated strategy focused on matching volunteers and established community partners to the areas of greatest local need; Working with other mayors and elected officials to advance strategies and best practices that accelerate the service movement and produce measurable results; Encouraging other mayors to join this national effort to engage our citizens; and Ensuring that the voice of cities is heard in federal legislative, policy, and program discussions related to service, which will help the country achieve the ambitious goals of the Serve America Act. (Signature) (Mayor’s Name – please print) Town Council 139 of 160 Meeting Date: July 19, 2010 Mayor’s Office Address City, State, Zip Mayor’s Telephone Mayor’s Email Address Staff Contact Name Staff Contact Title Staff Contact Telephone Staff Contact Email Address To join Cities of Service, please sign the Declaration of Service, fill in the information above, and return this form to the coalition, attention Katie Appel, via fax at 212-205- 9139 or by email to info@citiesofservice.org. Town Council 140 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-380-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the Town’s participation in the 25th Anniversary celebration and a Resolution establishing the 25th Anniversary Committee as an Ad Hoc Committee of the Town. Attachments:25th Anniversary Minute Insert.pdf Res 2010-XX Adopting a 25th Anniversary Committee.pdf Action ByDate Action ResultVer. Town Council 141 of 160 Meeting Date: July 19, 2010 File #: 2010-380-T, Version: 1 Title Consider and take appropriate action regarding the Town’s participation in the 25th Anniversary celebration and a Resolution establishing the 25th Anniversary Committee as an Ad Hoc Committee of the Town. Body Staff would like Council to clarify Staff's involvement with the planning and organizing of the Town's 25th Anniversary festivities. Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Promote and support active lifestyle Develop expanded community involvement opportunities Town Council 142 of 160 Meeting Date: July 19, 2010 November 2, 2009 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. November 16, 2009 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. 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. Town Council 143 of 160 Meeting Date: July 19, 2010 December 7, 2009 10. 09-517-T Consider and take appropriate action regarding planning and organizing the Town's 25th Anniversary festivities. 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. Mayor White discussed with Town Manager Emmons and Staff who recommends that she work separately with the citizens to form a citizen’s committee to develop ideas for this event. Council agreed to allow Mayor to spearhead this event and work separately with the citizens to form a citizen’s committee to develop ideas for this event. No action taken. Town Council 144 of 160 Meeting Date: July 19, 2010 TOWN OF TROPHY CLUB, TEXAS X RESOLUTION NO. 2010-X A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS AUTHORIZING THE CREATION OF A 25TH ANNIVERSARY AD HOC COMMITTEE COMPRISED OF VARIOUS CITIZEN VOLUNTEERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is empowered under §51.001 of the Texas Local Government Code to adopt a resolution that is for the good government of the Town; and WHEREAS, Section I entitled “Creation of Committees, Boards and Commissions” of Article VI entitled “Town Council Rules of Procedure” of Chapter 1 entitled “Administration” of the Code of Ordinances of the Town of Trophy Club provides that the Council may, as the need arises, authorize the appointment of “ad hoc” committees and give the Mayor the authority to appoint the members of such ad hoc committee subject to the approval of the Town Council; and WHEREAS, Under Section I, any committee so created ceases to exist upon the accomplishment of the special purpose for which it was created or when abolished by majority vote of the Town Council; and WHEREAS, on December 7, 2009, the Town Council agreed to allow Mayor White to spearhead a 25th Anniversary Committee and work separately with the citizens to form a citizen’s committee to develop ideas for this event; and WHEREAS, since that time a group of volunteers along with the Mayor and Council Member Cantrell have been diligently working and planning festivities to celebrate the 25th anniversary of the Town; and WHEREAS, the Town Council finds that due to the nature of the event and the anticipated scope of the activities, the group of volunteers working on the 25th anniversary celebration should be officially designated as an Ad Hoc Committee working on behalf of the Town; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The Town Council of the Town of Trophy Club, Texas does hereby authorize the creation of a 25th Anniversary Ad Hoc Committee for the purpose of planning and organizing the Town's 25th Anniversary festivities. Town Council 145 of 160 Meeting Date: July 19, 2010 Section 2. The 25th Anniversary Ad Hoc Committee currently consists of the following core members: Mayor White, Council Member Cantrell, Chairperson Kathy Carlton, Dianne Rabbe, Carol Jansen, Joyce Frey, Pearl Ford, Phoebe Dill, Maryann Dumbleton, Patti Stolz, Sue Eddins, Wanda Brewster, and Donna Whitters-Banks, and such other members who from time to time provide their valued assistance. The Ad Hoc Committee shall be in existence until the conclusion of the 25th Anniversary festivities on or about September 15, 2010. Section 3. The Town Manager or his designee may execute documents necessary to facilitate the planned festivities of the 25th Anniversary celebration within the budgetary parameters established by the Town Council. Section 4. This Resolution shall take effect from and after its date of passage in accordance with law. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 19th day of July 2010. _____________________________ Mayor, Connie White Town of Trophy Club, Texas ATTEST: ________________________________ Town Secretary, Town of Trophy Club, Texas APPROVED AS TO FORM: ________________________________ Town Attorney, Town of Trophy Club, Texas Town Council 146 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-387-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/13/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding Town sponsorship of Byron Nelson High School (BNHS), including sponsorship of the BNHS Booster Club. Attachments: Action ByDate Action ResultVer. Town Council 147 of 160 Meeting Date: July 19, 2010 File #: 2010-387-T, Version: 1 Title Consider and take appropriate action regarding Town sponsorship of Byron Nelson High School (BNHS), including sponsorship of the BNHS Booster Club. Body Staff has been contacted by a member of the BNHS Booster Club asking the Town to sponsor either a 1/2 page advertisement for $150 and one whole page advertisement for $200. Staff would like direction from the Council regarding sponsorship of BNHS. Goal #2: Business-Friendly Community Provide environment to retain/develop existing businesses Promote new commercial opportunities Create effective working relationships with developers and businesses Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 148 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-381-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the scheduling of a Council Retreat on August 1 and 2, 2010. Attachments: Action ByDate Action ResultVer. Town Council 149 of 160 Meeting Date: July 19, 2010 File #: 2010-381-T, Version: 1 Title Consider and take appropriate action regarding the scheduling of a Council Retreat on August 1 and 2, 2010. Body Staff has confirmed a location for a Council Retreat on August 1 - 2. Tentative hours are Sunday, August 1, from 12:00 p.m. - 6:00 p.m. and Monday, August 2, from 8:00 a.m. - 2:00 p.m. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 150 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-376-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Consider and take appropriate action regarding the scheduling of quarterly Joint Sessions with TCMUD1. Attachments:Minute Insert_June 21_2010.pdf Action ByDate Action ResultVer. Town Council 151 of 160 Meeting Date: July 19, 2010 File #: 2010-376-T, Version: 1 Title Consider and take appropriate action regarding the scheduling of quarterly Joint Sessions with TCMUD1. Body The Town Council previously considered this Item at the June 21, 2010 meeting. An Insert of that meeting's Minutes is attached. Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Town Council 152 of 160 Meeting Date: July 19, 2010 June 21, 2010 Minute Insert 1. 2010-324-T Consider and take appropriate action regarding the scheduling of quarterly Joint Sessions with TCMUD1. On Tuesday, June 15, TCMUD1 discussed the proposed dates of Wednesday, August 11, 2010, Thursday, November 11, 2010 and Wednesday, February 9, 2011 at 7 p.m. and agreed to schedule the dates with the option to change. Mayor White and Council member Cantrell have a conflict with August 11, 2010. TCMUD No. 1 requested that August 11, 2019 be left on the scheduled and cancelled at a later time. Council member Cantrell suggested that the August meeting be postponed rather than cancelled. Acting Town Manager Seidel suggested possibly postponing the August meeting until the first week in September. Staff will provide this information to the District Manager to provide to the TCMUD No. 1 Directors. No action taken will come back in July. Town Council 153 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-382-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Acting Town Manager Seidel's update regarding the following; discussion of the same. 1. Splash Pad 2. Economic Development Attachments: Action ByDate Action ResultVer. Town Council 154 of 160 Meeting Date: July 19, 2010 File #: 2010-382-T, Version: 1 Title Acting Town Manager Seidel's update regarding the following; discussion of the same. 1. Splash Pad 2. Economic Development Body Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 155 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-384-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Attachments: Action ByDate Action ResultVer. Town Council 156 of 160 Meeting Date: July 19, 2010 File #: 2010-384-T, Version: 1 Title Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Body Ribbon cutting for State Farm 2010 Celebrating Women in Business July 4th Events 25th Anniversary Committee Meetings Community Storehouse - Reading Program TML Region VIII Quarterly Meeting Metroport Cities Partnership Walk with the Mayor ASA Update Goal # 3: Community with shared vision Forge collaborative relationships with other governmental/public entities Create a positive regional identity Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 157 of 160 Meeting Date: July 19, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-385-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/12/2010 Town Council On agenda:Final action:7/19/2010 Title:Items for Future Agendas Attachments:Items for Future Agendas.pdf Action ByDate Action ResultVer. Town Council 158 of 160 Meeting Date: July 19, 2010 File #: 2010-385-T, Version: 1 Title Items for Future Agendas Body Goal #6: A vibrant, inclusive community with involved, caring residents Provide superior customer services Foster a well informed community Town Council 159 of 160 Meeting Date: July 19, 2010 1. 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) 2. 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) 3. Consider and take appropriate action regarding a Library Focus Group or other plan for exploring options and compiling data for a future library. (Wilson) 4. Consider and take appropriate action regarding an Ordinance amending Article IV entitled "Peddlers and Solicitors,” in its entirety, of Chapter 10, entitled "Public Safety", of the Code of Ordinances of the Town of Trophy Club, prescribing handbill regulations to the Ordinance. 5. Consider and take appropriate action regarding the creation of a Citizen’s Financial Budget Board. (Rose 12/7/09) 6. Consider and take appropriate action regarding an Ordinance amending Chapter 3 of the Code of Ordinances entitled "Buildings and Construction" of Article XV, entitled "Swimming Pools. (Rose 2/1/10) 7. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose 2/1/10) 8. Consider and take appropriate action regarding placing policies and procedures access on the Town web site. (Rose 2/1/10) 9. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose 4/26/10) 10. Staff update regarding the Amenity Lake; discussion and action of the same. (Stotts 6/7/10) 11. Staff update regarding Marshall Branch Creek area located North of HWY114; discussion and action of the same. (Stotts 6/21/10) 12. Staff update regarding the loop road and a report from the engineer firm hired by the County. (Stotts 6/21/10) 6/8/10 LH Town Council 160 of 160 Meeting Date: July 19, 2010