Agenda Packet TC 09/09/2010 - Joint SessionTown Council
Trophy Club Entities
Special Joint Session between Town
Council and TCMUD No. 1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMThursday, September 9, 2010
Call to order and announce a quorum.
JOINT SESSION
1.2010-469-T Receive update from Police Chief Kniffen regarding Town Manager search and
discussion of same.
2.2010-459-T Discuss and take appropriate action regarding the Intergovernmental Contract for
Employee and Contractual Services.
Combined Employee Services - 6th Draft.pdf
Towns Bid to SEMO-March2010.pdf
SEMO Chart No 1-050810.pdf
Attachments:
3.2010-460-T Discussion regarding construction of Town's Elevated Water Storage Tank as per the
2007 Contract for Water and Wastewater Operational Services between Town of
Trophy Club and Trophy Club MUD 1; possible action regarding same.
2007-Water-WWOperationsContract[1].pdfAttachments:
4.2010-470-T Discussion regarding transferring electrical account for Admin Building from Town
Account to MUD Account and possible action regarding same.
5.2010-471-T Discussion regarding Capital Improvements and/or Capital Expense Items affecting
Town and/or MUD 1 Budget(s) and possible action regarding same.
6.2010-472-T Discussion regarding TCMUD No. 1's relationship with the Town Council relative to the
hiring of a new Town Manager and possible action regarding same.
7.2010-462-T Discussion regarding the potential of both entities working together and possible action
regarding same.
8.2010-473-T Discuss and take appropriate action regarding request for temporary exception to Noise
Nuisance Ordinance, Chapter 8, Article 1, Section 1.01(a) 7 to drill a new Trinity Well at
the northwest end of Crooked Creek Court.
Chapter 8 Article1Section 7.pdfAttachments:
9.2010-461-T Set Next Joint Session Meeting Dates.
Joint Session 1 of 61 Meeting Date: September 9, 2010
September 9, 2010Town Council Special Joint Session between
Town Council and TCMUD No.
1 Meeting Agenda
ADJOURN
* The Town Council may convene into executive session to discuss posted items as
allowed by the Texas Open Meeting Act, LGC.551.071
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Friday, September 3, 2010 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
________________________
Shannon DePrater
Deputy Town Secretary / RMO
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: ___________________________
Joint Session 2 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-469-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/2/2010 Town Council
On agenda:Final action:9/9/2010
Title:Receive update from Police Chief Kniffen regarding Town Manager search and discussion of same.
Attachments:
Action ByDate Action ResultVer.
Joint Session 3 of 61 Meeting Date: September 9, 2010
File #: 2010-469-T, Version: 1
Title
Receive update from Police Chief Kniffen regarding Town Manager search and discussion of same.
Joint Session 4 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-459-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/1/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discuss and take appropriate action regarding the Intergovernmental Contract for Employee and
Contractual Services.
Attachments:Combined Employee Services - 6th Draft.pdf
Towns Bid to SEMO-March2010.pdf
SEMO Chart No 1-050810.pdf
Action ByDate Action ResultVer.
Joint Session 5 of 61 Meeting Date: September 9, 2010
File #: 2010-459-T, Version: 1
Title
Discuss and take appropriate action regarding the Intergovernmental Contract for Employee and Contractual Services.
Joint Session 6 of 61 Meeting Date: September 9, 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.
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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.
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Joint Session 8 of 61 Meeting Date: September 9, 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.
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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.
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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
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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
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Joint Session 12 of 61 Meeting Date: September 9, 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.
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Joint Session 13 of 61 Meeting Date: September 9, 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
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Joint Session 14 of 61 Meeting Date: September 9, 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
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Joint Session 15 of 61 Meeting Date: September 9, 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.
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Joint Session 16 of 61 Meeting Date: September 9, 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
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Joint Session 17 of 61 Meeting Date: September 9, 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
Joint Session 18 of 61 Meeting Date: September 9, 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
Joint Session 19 of 61 Meeting Date: September 9, 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
Joint Session 20 of 61 Meeting Date: September 9, 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
Joint Session 21 of 61 Meeting Date: September 9, 2010
N:/padams/MUD/Combined Employee Services and Contract for Services Modified 07142010 (Sixth
Draft).doc 16
EXHIBIT “A”
ORGANIZATIONAL CHART
Joint Session 22 of 61 Meeting Date: September 9, 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
Joint Session 23 of 61 Meeting Date: September 9, 2010
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24
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Meeting Date: September 9, 2010
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Jo
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Me
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Date: September 9, 2010
Joint Session
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No. 4 All MUD Personnel Svcs In ‐House (Attach. "D")
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Jo
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27
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Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-460-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/1/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discussion regarding construction of Town's Elevated Water Storage Tank as per the 2007 Contract
for Water and Wastewater Operational Services between Town of Trophy Club and Trophy Club MUD
1; possible action regarding same.
Attachments:2007-Water-WWOperationsContract[1].pdf
Action ByDate Action ResultVer.
Joint Session 28 of 61 Meeting Date: September 9, 2010
File #: 2010-460-T, Version: 1
Title
Discussion regarding construction of Town's Elevated Water Storage Tank as per the 2007 Contract for Water and
Wastewater Operational Services between Town of Trophy Club and Trophy Club MUD 1; possible action regarding
same.
Joint Session 29 of 61 Meeting Date: September 9, 2010
Joint Session 30 of 61 Meeting Date: September 9, 2010
Joint Session 31 of 61 Meeting Date: September 9, 2010
Joint Session 32 of 61 Meeting Date: September 9, 2010
Joint Session 33 of 61 Meeting Date: September 9, 2010
Joint Session 34 of 61 Meeting Date: September 9, 2010
Joint Session 35 of 61 Meeting Date: September 9, 2010
Joint Session 36 of 61 Meeting Date: September 9, 2010
Joint Session 37 of 61 Meeting Date: September 9, 2010
Joint Session 38 of 61 Meeting Date: September 9, 2010
Joint Session 39 of 61 Meeting Date: September 9, 2010
Joint Session 40 of 61 Meeting Date: September 9, 2010
Joint Session 41 of 61 Meeting Date: September 9, 2010
Joint Session 42 of 61 Meeting Date: September 9, 2010
Joint Session 43 of 61 Meeting Date: September 9, 2010
Joint Session 44 of 61 Meeting Date: September 9, 2010
Joint Session 45 of 61 Meeting Date: September 9, 2010
Joint Session 46 of 61 Meeting Date: September 9, 2010
Joint Session 47 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-470-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/2/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discussion regarding transferring electrical account for Admin Building from Town Account to MUD
Account and possible action regarding same.
Attachments:
Action ByDate Action ResultVer.
Joint Session 48 of 61 Meeting Date: September 9, 2010
File #: 2010-470-T, Version: 1
Title
Discussion regarding transferring electrical account for Admin Building from Town Account to MUD Account and possible
action regarding same.
Body
Currently, the cost for electricity for the Admin Building is shared by both entities. The rate for electricity MUD 1 is $0.077,
which is lower than the Town's rate. In December of 2011, MUD 1's electricity rate will drop to $0.0638. By transferring
the Admin Building account over to the MUD's account, both entities would realize a cost savings.
Joint Session 49 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-471-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/2/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discussion regarding Capital Improvements and/or Capital Expense Items affecting Town and/or
MUD 1 Budget(s) and possible action regarding same.
Attachments:
Action ByDate Action ResultVer.
Joint Session 50 of 61 Meeting Date: September 9, 2010
File #: 2010-471-T, Version: 1
Title
Discussion regarding Capital Improvements and/or Capital Expense Items affecting Town and/or MUD 1 Budget(s) and
possible action regarding same.
Body
1. Road Construction
2.
Joint Session 51 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-472-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/2/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discussion regarding TCMUD No. 1's relationship with the Town Council relative to the hiring of a new
Town Manager and possible action regarding same.
Attachments:
Action ByDate Action ResultVer.
Joint Session 52 of 61 Meeting Date: September 9, 2010
File #: 2010-472-T, Version: 1
Title
Discussion regarding TCMUD No. 1's relationship with the Town Council relative to the hiring of a new Town Manager
and possible action regarding same.
Joint Session 53 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-462-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/1/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discussion regarding the potential of both entities working together and possible action regarding
same.
Attachments:
Action ByDate Action ResultVer.
Joint Session 54 of 61 Meeting Date: September 9, 2010
File #: 2010-462-T, Version: 1
Title
Discussion regarding the potential of both entities working together and possible action regarding same.
Joint Session 55 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-473-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/2/2010 Town Council
On agenda:Final action:9/9/2010
Title:Discuss and take appropriate action regarding request for temporary exception to Noise Nuisance
Ordinance, Chapter 8, Article 1, Section 1.01(a) 7 to drill a new Trinity Well at the northwest end of
Crooked Creek Court.
Attachments:Chapter 8 Article1Section 7.pdf
Action ByDate Action ResultVer.
Joint Session 56 of 61 Meeting Date: September 9, 2010
File #: 2010-473-T, Version: 1
Title
Discuss and take appropriate action regarding request for temporary exception to Noise Nuisance Ordinance, Chapter 8,
Article 1, Section 1.01(a) 7 to drill a new Trinity Well at the northwest end of Crooked Creek Court.
Body
TCMUD 1 sent out a RFP to drill a Trinity Water Well. All of the RFPs came in way over anticipated costs. In order to
reduce drilling costs, the Well Company would need to drill 24 hours a day for two (2) weeks. The MUDs respectfully
request a temporary exception to the Town's current Noise Nuisance Ordinance in order to drill for a Trinity Well at the
end of Crooked Creek Court. The temporary exception would be 24/7 for approximately two weeks barring any
unforeseen circumstances. Approval of this Temporary Exception is in the best interests of our Residents and
Businesses, as it will help keep our water rates from going up. This temporary exception is in the best interests of all of
the Trophy Club Residents and Businesses due to the economic benefit realized in just a very short period of time.
Joint Session 57 of 61 Meeting Date: September 9, 2010
Article I
Noise Nuisances
Section 1.01 Nuisances Defined
A. The following acts, among others, are declared to be nuisances in violation of this Article, but said
enumeration shall not be deemed to be exclusive.
1. The playing of any radio, phonograph, tape player or other electronic device of a similar
nature, or any musical instrument in such manner or with such volume, during the hours
between 10:00 p.m. and 7:00 a.m., as to annoy or disturb the quiet, comfort, or repose of
persons of ordinary sensibilities in any dwelling or other type of residence, such persons
being indoors or outdoors at any such location.
2. The use of any loudspeaker or amplifier of such intensity that annoys or disturbs persons of
ordinary sensibilities in the immediate vicinity thereof, except by permit issued by the Town
Planning and Zoning Director in accordance with Section 1.03 of this Article.
3. The running of any automobile, motorcycle, or vehicle so out of repair, so loaded, or
operating a vehicle in any such manner as to create loud or unnecessary grating, grinding,
jarring, or rattling noise or vibrations.
4. The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motor vehicle engine or boat engine, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
5. The use of any mechanical device operated by compressed air, unless the noise to be
created is effectively muffled and reduced to prevent loud or explosive noises therefrom.
6. The erection, including excavation, demolition, alteration or repair work on any building,
other than between the hours of 6:00 a.m. and 7:00 p.m. on or during the week days of
Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of
public safety and convenience, and then only by permit from the Town Planning and Zoning
director in accordance with Section 1.03 of this Article, specifying the nature of the
emergency and the days and hours such work is to be allowed, which permit may be
renewed by the Town Planning and Zoning Director during the time the emergency exists.
7. The operation of any heavy equipment, machinery or apparatus for excavation, construction,
grading, earth moving, paving, cement laying or pouring, drilling or work of any nature, or
the operation of any chain saw, within 1500 lineal feet of any occupied residential dwelling,
other than between the hours of 7:00 a.m. and 6:00 p.m. on or during the week days of
Monday through Saturday, inclusive, except in case of an urgent necessity in the interest of
public safety and convenience, and then only by permit from the Town Planning and Zoning
Director in accordance with Section of this Article, specifying the nature of the emergency
and the days and hours such work is to be allowed, which permit may be renewed by the
Town Planning and Zoning Director during the time the emergency exists.
8. The operation, as a part of any business, between the hours of 9:00 p.m. and 6:00 a.m.,
inclusive, on the weekdays of Monday through Saturday, inclusive, and at any time on
Sunday, within 1500 lineal feet of any occupied residential dwelling, of any heavy
equipment, truck or machinery which emits noises of such intensity or loudness that annoy
or disturb persons of ordinary sensibilities within such distance, except in the case of urgent
necessity in the interest of public safety and convenience, and then only by permit from the
Planning and Zoning Director in accordance with Section 1.03 of this Article, specifying the
Chapter 8 – Nuisances
Joint Session 58 of 61 Meeting Date: September 9, 2010
nature of the emergency and the dates and hours such work is to be allowed, which permit
may be renewed by the Town Planning and Zoning Director during the time the emergency
exists.
9. Notwithstanding any of the above, the Town Planning and Zoning Director shall have the
authority to and may issue a permit in accordance with Section 1.03 of this Article for
alteration or repair work or for new construction in connection with owner-occupied
residences when the particular work is to performed by the owner occupant of the premises
where the work is to be performed and when such work is to be performed between the
hours of 6:00 p.m. and 9:00 p.m., Monday through Saturday, inclusive, or between the hours
of 9:00 a.m. and 6:00 p.m. on Sunday.
(Ord. No. 88-27, § I, 12-12-88 Repealed by Ord. No. 1999-19, § I, 7-20-99)
Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 5, § 6.01
Chapter 8 – Nuisances
Joint Session 59 of 61 Meeting Date: September 9, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-461-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:9/1/2010 Town Council
On agenda:Final action:9/9/2010
Title:Set Next Joint Session Meeting Dates.
Attachments:
Action ByDate Action ResultVer.
Joint Session 60 of 61 Meeting Date: September 9, 2010
File #: 2010-461-T, Version: 1
Title
Set Next Joint Session Meeting Dates.
Body
a. Joint Quarterly Meetings:
i. Thursday, November 11 at 7:00 p.m.
ii. Wednesday, February 9, 2011 at 7:00 p.m.
The following action occurred at Council's August 2, 2010 Meeting:
15. 2010-376-T Consider and take appropriate action regarding the scheduling of quarterly Joint Sessions with TCMUD1.
The Town Council previously considered this Item at the June 21, 2010 meeting. The Council asked that rather than
meeting in August the Joint Session be scheduled for September and asked Town Staff to coordinate with the MUD Staff.
TCMUD No. 1 Staff proposed September 8 or 9, 2010 for Council's consideration.
Motion made by Rose, seconded by Strother, to schedule the quarterly Joint Sessions with TCMUD1 for Thursday,
September 9, 2010.
Motion passed unanimously without further discussion.
Motion made by Cantrell, seconded by Hoover, to also schedule the quarterly Joint Sessions with TCMUD1for Thursday,
November 11, 2010 and Wednesday, February 9, 2011 at 7 p.m. and agreed to schedule the dates with the option to
change).
Motion passed unanimously without further discussion.
Joint Session 61 of 61 Meeting Date: September 9, 2010