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Agenda Packet TC 01/07/2013Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom6:00 PMMonday, January 7, 2013 CALL TO ORDER AND ANNOUNCE A QUORUM WORKSHOP SESSION 1.2012-649-T Joint Workshop Session with the Charter Review Commission to discuss proposed Charter Amendments for the May 2013 Election 2.2012-650-T Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 7, 2013. 3.2012-651-T Discussion of proposed agenda items for the January 21, 2013 Regular Session Agenda. January 21, 2013 Proposed Meeting Items.pdfAttachments: CONVENE INTO REGULAR SESSION - ESTIMATED START TIME - 7:00 P.M. INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. 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. 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. Town Council Page 1 of 73 Meeting Date: January 7, 2013 January 7, 2013Town Council Meeting Agenda 4.2012-652-T Consider and take appropriate action regarding the Minutes dated December 10, 2012. December 10 2012 Minutes.pdfAttachments: 5.2012-653-T Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. ORD 2013-01 Amending Chap 10 Art II Stop Signs.pdfAttachments: 6.2012-654-T Consider and take appropriate action regarding two Interlocal Agreements by and between the Town and Trophy Club MUD1 as amended by MUD1: A. Interlocal Agreement for Fire Department Personnel Services B. Interlocal Agreement for Contractual Personnel Services MUD1 Fire ILA.pdf MUD1 personnel contractual services ILA.pdf Attachments: 7.2012-655-T Consider and take appropriate action regarding an Interlocal Agreement with the Town of Westlake and the City of Roanoke relative to the painting of the three bridges and the sound wall in the SH114/170 project; and authorizing the Mayor or her designee to execute all necessary documents. Joint ILA with Westlake and Roanoke for Bridge Painting.pdfAttachments: REGULAR SESSION 8.2012-657-T Consider and take appropriate action in accordance with the Town's plan to restructure the 2002-A General Obligation Bond debt: A. Consider and take appropriate action regarding a Service Contract by and between the Town and Trophy Club Economic Development Corporation 4B providing for an increase in the payment contribution from EDC4B for the debt associated with the series 2002-A General Obligation Bonds; superseding the prior Service Contract between the Town and EDC4B; and authorizing the Mayor or her designee to execute all necessary documents. B. Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2012-2013 Town Budget to appropriate funds required for debt payment as a result of the calling of the series 2002-A General Obligation Bonds (Budget Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter); and providing an effective date. Service Contract 2002A GO Bond Issue for Harmony Park Improvements.pdf ORD 2013-02 Budget Amend No 2 - Calling 2002-A Bonds.pdf Attachments: Town Council Page 2 of 73 Meeting Date: January 7, 2013 January 7, 2013Town Council Meeting Agenda 9.2012-658-T Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas endorsing certain Legislative Action in the Regular Session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process; and providing an effective date. 2012-12-06-TCAP-LegislativeAgenda.pdf RES 2013-02 Resolution Endorsing 83rd Legislative Action.pdf Attachments: 10.2012-619-T Consider and take appropriate action regarding the adoption of a new logo for the Town of Trophy Club. 11.2012-659-T Consider and take appropriate action regarding the formation of a PID Water and Wastewater Operational Services Council Subcommittee. PID Water Supply Memo.pdfAttachments: 12.2012-660-T Consider and take appropriate action regarding the Town Council meeting schedule for February 2013. 13.2012-661-T Town Manager Slye's update regarding the following; discussion of same. - CCPD - Library Usage - Landscape Change to Hampton Inn - Lakeview Construction - MUD1 Employee Transition from Town - Filing Period for May Election - January 30, 2013 - March 1, 2013 14.2012-662-T Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 12, 2012 - Northwest Communities Partnership Board Meeting - December 20, 2012 - Precinct 4 Task Force Meeting - January 3, 2013 - Trophy Club Vision Committee Meeting 15.2012-663-T Items for Future Agendas. Future Agenda Items List.pdfAttachments: This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. ADJOURN Notice is hereby given that a quorum of the Charter Review Commission may be in attendance at this meeting. * 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 Page 3 of 73 Meeting Date: January 7, 2013 January 7, 2013Town 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 Friday, January 4, 2013 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. ____________________________ Shannon DePrater, TRMC 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 ______________________, 2013. ________________________________, Title: ___________________________ Town Council Page 4 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-649-T Name: Status:Type:Agenda Item Workshop File created:In control:1/7/2013 Town Council On agenda:Final action: Title:Joint Workshop Session with the Charter Review Commission to discuss proposed Charter Amendments for the May 2013 Election Attachments: Action ByDate Action ResultVer. TITLE Joint Workshop Session with the Charter Review Commission to discuss proposed Charter Amendments for the May 2013 Election Town Council Page 5 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-650-T Name: Status:Type:Agenda Item Workshop File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 7, 2013. Attachments: Action ByDate Action ResultVer. TITLE Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 7, 2013. Town Council Page 6 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-651-T Name: Status:Type:Agenda Item Workshop File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Discussion of proposed agenda items for the January 21, 2013 Regular Session Agenda. Attachments:January 21, 2013 Proposed Meeting Items.pdf Action ByDate Action ResultVer. TITLE Discussion of proposed agenda items for the January 21, 2013 Regular Session Agenda. Town Council Page 7 of 73 Meeting Date: January 7, 2013 Last Updated 1/2/2013 at 11:03 AM 1 of 1 Meeting Date 01/21/2013 Item File ID Dept Have ARF? Workshop Wastewater Analysis Report Discussion of agenda items posted for consideration on the Regular Session Council Agenda for January 21, 2013. Town Sec Discussion of proposed agenda items for the February 4, 2013 Regular Session Agenda. Town Sec Consent Consider and take appropriate action regarding the Minutes dated January 7, 2013. Town Sec FY13 Goals and Objectives Town Sec Public Hearing Regular Session CRC Report to Council (ADD NOTICE OF POSSIBLE QUORUM OF CRC TO AGENDA) Report to Council re: Highlands 20 MPH traffic study PD Consider and take appropriate action regarding financial and variance report dated November and December 2012 including 1st quarter TCP Financials Finance Town Council Liaison Updates; discussion of same: Scheduled by meetings Town Sec Town Manager Slye's update regarding the following; discussion of same. Town Sec Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. Town Sec Items for Future Agendas.Town Sec Executive Session Consider and take appropriate action regarding the Executive Session.Town Sec Town Council Page 8 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-652-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding the Minutes dated December 10, 2012. Attachments:December 10 2012 Minutes.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Minutes dated December 10, 2012. Town Council Page 9 of 73 Meeting Date: January 7, 2013 MINUTES FROM REGULAR SESSION TOWN COUNCIL MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS Monday, December 10, 2012 at 6:00 P.M. Svore Municipal Building Boardroom The Town Council of the Town of Trophy Club, Texas, met in a Regular Session on Monday, December 10, 2012. The meeting was held within the boundaries of the Town and was open to the public. STATE OF TEXAS § COUNTY OF DENTON § TOWN COUNCIL MEMBERS PRESENT: Connie White Mayor Bill Rose Council Member, Place 1 Jeannette Tiffany Council Member, Place 2 Clint Schroeder Council Member, Place 3 Danny Mayer Council Member, Place 4 Glenn Strother Mayor Pro Tem STAFF AND GUEST(S) PRESENT: Mike Slye Town Manager Stephen Seidel Assistant Town Manager Patricia Adams Town Attorney Shannon DePrater Town Secretary Scott Kniffen Police Chief Danny Thomas Fire Chief Carolyn Huggins Community Development Director Michael Aguilera Finance Director Mayor White announced the date of December 10, 2012, called the meeting to order and announced a quorum at 7:00 p.m. REGULAR SESSION The Invocation was offered by Fire Chief Danny Thomas. The Pledges were led by Police Chief Scott Kniffen. 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. Steven Gutterrez, 2629 Kingsford Lane, presented the Council with a petition to lower the speed limit to 20 mph in The Highlands. 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. Town Council Page 10 of 73 Meeting Date: January 7, 2013 1. Consider and take appropriate action regarding the Minutes dated November 5, 2012. 2. Consider and take appropriate action regarding the Minutes dated November 14, 2012 (Special Session). 3. Consider and take appropriate action regarding the Minutes dated November 19, 2012 (Special Session). 4. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article III entitled "International Building Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Building Code and local amendments thereto as a new Article III "International Building Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Building Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 5. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article IV entitled "International Residential Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Residential Code and local amendments thereto as a new Article IV "International Residential Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Residential Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 6. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article VII entitled "International Plumbing Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Plumbing Code and local amendments thereto as a new Article VII "International Plumbing Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Plumbing Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 7. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article VI entitled "International Mechanical Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Mechanical Code and local amendments thereto as a new Article VI "International Mechanical Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Mechanical Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 8. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article VIII entitled "International Energy Conservation Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Energy Conservation Code and local amendments thereto as a new Article VIII "International Energy Conservation Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Energy Conservation Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during Town Council Page 11 of 73 Meeting Date: January 7, 2013 or on which a violation occurs or continues; providing for publication; and providing an effective date. 9. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article IX entitled "International Fire Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Fire Code and local amendments thereto as a new Article IX "International Fire Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Fire Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 10. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, by adopting Article XVIII entitled "International Fuel Gas Code"; providing for an amendment to adopt the 2009 Edition of the International Fuel Gas Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 11. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article XVI entitled "International Property Maintenance Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2009 Edition of the International Property Maintenance Code and local amendments thereto as a new Article XVI "International Property Maintenance Code" of Chapter 3 "Buildings and Construction"; repealing the 2003 International Property Maintenance Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 12. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas repealing Article V entitled "National Electrical Code" of Chapter 3 entitled "Buildings and Construction" of the Code of Ordinances of the Town, and adopting the 2011 Edition of the National Electrical Code and local amendments thereto as a new Article V "National Electrical Code" of Chapter 3 "Buildings and Construction"; repealing the 2002 National Electrical Code and local amendments thereto; providing a penalty not to exceed the sum of Two Thousand Dollars (2,000.00) for each offense and a separate offense shall be deemed committee each day during or on which a violation occurs or continues; providing for publication; and providing an effective date. 13. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Section 2.01 entitled "Appointments" of Article II, entitled "Presiding Judge" of Chapter 7 entitled "Municipal Court" of the Code of Ordinances to re-appoint and extend the term of the current Presiding and Alternate Judges to January 2015. 14. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Section 2.02(B) entitled "Speed of Vehicles" of Article II, entitled 'Traffic and Vehicles" of Chapter 10 entitled "Public Safety" of the Code of Ordinances of the Town to add subsection 2.02 (B)(6) and subsection 2.02(B)(7) designating two additional special speed zones (school zones) on Trophy Club Drive and establishing effective times for those zones; providing for publication, providing a penalty not to exceed two hundred dollars ($200.00) for each violation; and providing an effective date. Town Council Page 12 of 73 Meeting Date: January 7, 2013 15. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas amending Resolution No. 2012-09 authorizing the creation of the Charter Review Commission by amending Section 3 of Resolution 2012-09 to designate February 28, 2013 as the date upon which the term of office of the Commission will expire; and providing an effective date. 16. Consider and take appropriate action regarding an interlocal agreement between the Town and Denton County to provide Ambulance Services, and authorizing the Mayor or her designee to execute all necessary documents. 17. Consider and take appropriate action regarding an interlocal agreement between the Town and Tarrant County Emergency Services District No. 1 to provide Emergency Medical Services to a designated service area, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the consent agenda items as amended at the dais. Motion carried unanimously. CONVENE INTO PUBLIC HEARING – 7:08 P.M. 18. Public Hearing regarding a request for a Zoning Change from "R-12" Single Family Residential to "NS" Neighborhood Services for an approximate 11.603 acres located at 800 Trophy Club Drive at the southwest corner of the Roundabout -- Trophy Lake Drive and Trophy Club Drive intersection. Community Development Director Carolyn Huggins presented the Council with the request of a Zoning Change. Huggins provided the history of the property and explained the current zoning and requested zoning. Planning & Zoning Chairman Gene Hill stated the following to the Council: The Planning and Zoning Commission met December 6, 2012 to consider a request for a zoning change from R-12 Single Family Residential to “NS” Neighborhood Services for an approximate 11.603 acres located at 800 Trophy Club Drive at the Southwest corner of the Roundabout/Trophy Lake Drive/Trophy Club Drive intersection, which is the site of The Church at Trophy Lakes. Following a Public Hearing and due consideration of the applicant’s request, a motion to recommend approval of rezoning for the subject tract to “NS” Neighborhood Services carried by a vote of 6 in favor and 1 opposed. RECONVENE INTO REGULAR SESSION – 7:15 P.M. 19. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending Ordinance No. 2000-06 P&Z of the Town, the “Comprehensive Zoning Ordinance” and amending the Official Zoning Map of the Town by changing the zoning on an approximate 11.603 acre tract of land located at 800 Trophy Club Drive, from “R-12” Single Family Residential to "NS" Neighborhood Services; providing for publication; providing a penalty not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues; and providing an effective date. (ZCA-12-018). Motion made by Council member Mayer, seconded by Council member Rose, to approve the rezoning request located at 800 Trophy Club Drive, from “R-12” Single Family Residential to "NS" Neighborhood Services. Motion carried unanimously. Town Council Page 13 of 73 Meeting Date: January 7, 2013 20. Consider and take appropriate action regarding a request for approval of a Final Plat for Neighborhood 5, Phase 2E (6.631 acres) located in The Highlands at Trophy Club, R. Allen Survey, Abstract No. 5 and 17. Applicant: Jacobs on behalf of High Trophy Development L.P. (FP-12-052) a. Consider and take appropriate action regarding a Subdivider's Agreement between the Town and High Trophy Development L.P. for Neighborhood 5, Phase 2E; and authorizing the Mayor or her designee to execute necessary documents. Motion made by Council member Rose, seconded by Council member Tiffany, to approve the Subdivider’s Agreement and Final Plat for Neighborhood 5, Phase 2E. Motion carried unanimously. 21. Discuss and take appropriate action regarding a professional services agreement between the Town and Freese and Nichols for engineering services related to the Fresh Meadow and Timber Ridge drainage projects; and authorizing the Town Manager or his designee to execute the all necessary documents. Motion made by Council member Mayer, seconded by Council member Tiffany, to approve a professional services agreement between the Town and Freese and Nichols for engineering services related to the Fresh Meadow and Timber Ridge drainage projects; and authorizing the Town Manager or his designee to execute the all necessary documents to include one homeowners’ meeting per project. Motion carried unanimously. 22. Consider and take appropriate action regarding the First Modification to the Canterbury Hills, Phase 1A Subdivider’s Agreement by and between the Town and BDMR Development, LLC, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Mayer, seconded by Council member Schroeder, to approve the First Modification to the Canterbury Hills, Phase 1A Subdivider’s Agreement by and between the Town and BDMR Development, LLC, and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 23. Consider and take appropriate action regarding the First Modification to the Waters Edge at Hogan’s Glen, Phase 2B-2 Subdivider’s Agreement by and between the Town and BDMR Development, LLC, and authorizing the Mayor or her designee to execute all necessary documents. Motion made by Council member Rose, seconded by Council member Schroeder, to approve the First Modification to the Waters Edge at Hogan’s Glen, Phase 2B-2 Subdivider’s Agreement by and between the Town and BDMR Development, LLC, and authorizing the Mayor or her designee to execute all necessary documents. Motion carried unanimously. 24. Consider and take appropriate action regarding an Ordinance of the Town of Trophy Club, Texas amending the FY 2012-2013 budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); making a transfer of appropriations in accordance with the Town Charter for the purchase of decorations for the roundabout ; and providing an effective date. Motion made by Council member Tiffany, seconded by Council member Rose, to approve Ordinance 2012-39 of the Town of Trophy Club, Texas amending the FY 2012-2013 budget of the Town of Trophy Club, Texas (Budget Amendment No. 1); making a transfer of appropriations in accordance with the Town Charter for the purchase of seasonal decorations for the Town; and providing an effective date. Motion carried unanimously. Town Council Page 14 of 73 Meeting Date: January 7, 2013 25. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas authorizing the purchase of an outdoor warning siren for the northern part of the Town from American Communications; finding that American Communications qualifies as the sole source supplier of an outdoor warning siren that is compatible with the Town’s existing outdoor warning system; authorizing the Town Manager or his designee to take such action and execute such documents as necessary to effectuate the purchase; and providing an effective date. Motion made by Council member Rose, seconded by Council member Mayer, to approve Resolution 2012-31 of the Town of Trophy Club, Texas authorizing the purchase of an outdoor warning siren for the northern part of the Town from American Communications; finding that American Communications qualifies as the sole source supplier of an outdoor warning siren that is compatible with the Town’s existing outdoor warning system; authorizing the Town Manager or his designee to take such action and execute such documents as necessary to effectuate the purchase; and providing an effective date. Motion carried unanimously. 26. Consider and take appropriate action regarding the following Resolutions affecting the appointment of residents to various Town Boards and Commissions: a. A Resolution repealing Resolution No. 2009-04 and Resolution No. 2010-23 and appointing one resident to serve as the ASA Liaison, and providing an effective date. Motion made by Council member Rose, seconded by Council member Mayer, to approve Resolution 2012-32 repealing Resolution No. 2009-04 and Resolution No. 2010-23 and appointing Timothy Gamache to serve as the ASA Liaison, and providing an effective date. Motion carried unanimously. b. A Resolution amending Resolution No. 2012-26 appointing citizens to serve on various boards and commissions by appointing one resident to serve on the Citizens Financial Advisory Board, and providing an effective date. Motion made by Mayor Pro Tem Strother, seconded by Council member Rose, to approve Resolution 2012-33 amending Resolution No. 2012-26 appointing citizens to serve on various boards and commissions by appointing Neil Justice to serve on the Citizens Financial Advisory Board, and providing an effective date. Motion carried unanimously. 27. Consider and take appropriate action regarding a Resolution of the Town of Trophy Club, Texas authorizing the creation of a Temporary Board of Directors for the proposed Trophy Club Crime Control and Prevention District, appointing seven residents to serve as the Temporary Directors of the Board; setting forth objectives for the Temporary Board; and providing an effective date. Town Manager Slye asked that Council include Brent Card as the seventh member of this Board. Motion made by Council member Rose, seconded by Council member Schroeder, to approve Resolution 2012-34 of the Town of Trophy Club, Texas authorizing the creation of a Temporary Board of Directors for the proposed Trophy Club Crime Control and Prevention District, appointing Paul Glowacki, Dena Boudreau, Christopher Davis, James Jay Isherwood, Timothy Gamache, Adam Broyles, and Brent Card to serve as the Temporary Directors of the Board; setting forth objectives for the Temporary Board; and providing an effective date with the addition of Brent Card. Motion carried unanimously. Town Council Page 15 of 73 Meeting Date: January 7, 2013 28. Consider and take appropriate action regarding the adoption of a new logo for the Town of Trophy Club. Motion made by Council member Schroeder, seconded by Council member Rose, to refer agenda item 28 to the next council meeting. Motion carried unanimously. 29. Consider and take appropriate action regarding financial and variance report dated October 2012. Motion made by Council member Schroeder, seconded by Mayor Pro Tem Strother, to approve the financial and variance report dated October 2012. Motion carried unanimously. 30. Town Council Liaison Updates; discussion of same: - Charter Review Commission Meetings; Council member Tiffany - November 13, 2012 Parks & Recreation Meeting; Council member Schroeder - November 19, 2012 EDC 4B Meeting; Mayor Pro Tem Strother - November 20, 2012 MUD1 Meeting; Council member Rose Council members provided brief updates of their respective Board meetings and addressed questions; no action taken, update only. 31. Town Manager Slye's update regarding the following; discussion of same. - Churchill Downs - November 7-8, 2012 ICSC Conference - December 7, 2012 Roundabout Dedication - December 8, 2012 Clock Tower and Tree Lighting Town Manager Slye updated the Council and addressed questions; no action taken, update only. 32. Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - November 6, 2012 Monthly Chamber Meeting and Luncheon - November 14-16, 2012 TML Conference - November 27, 2012 Chamber Expo - December 4, 2012 Monthly Chamber Meeting and Luncheon - December 6, 2012 Emergency Preparedness Planning Council - December 7, 2012 Legislative Breakfast Mayor White and Council members updated the Council and addressed questions regarding meetings attended; no action taken, update only. 33. Items for Future Agendas. This item allows Council to request the placement of items on upcoming agendas when the topic of discussion requires research and review that cannot be accomplished in the time frame between regular Council meetings. However, a Council Member may request that an item be placed on the next regularly scheduled meeting without first placing that item on the Future Agenda Items list. All requests for agenda items must comply with Charter requirements. 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) Town Council Page 16 of 73 Meeting Date: January 7, 2013 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) 11. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 12. Consider and take appropriate action regarding America Supporting Americans. (Mayer, 8/20/2012) 13. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 14. Consider and take appropriate action regarding input from Staff regarding the creation of a ‘PID Board’ (Mayer, 9/24/2012) Mayor White asked that “Consider and take appropriate action regarding Council goals and strategies” be added to the Council agenda for January. Council member Rose asked that “Consider and take appropriate action regarding residential speed bumps” be placed on the list. Town Manager Slye requested item #12 be removed from the list. EXECUTIVE SESSION 34. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (2) "Consultation With Attorney", respectively, the Council will enter into Executive Session to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act, specifically: a. Legal Advice regarding the Interlocal Agreement for Fire Department Personnel Services between the Town and Trophy Club MUD1 b. Legal Advice regarding the Interlocal Agreement for Contractual Personnel Services between the Town and Trophy Club MUD1 CONVENE INTO EXECUTIVE SESSION – 8:55 p.m. Town Council Page 17 of 73 Meeting Date: January 7, 2013 RECONVENE INTO REGULAR SESSION – 10:04 p.m. 35. Consider and take appropriate action regarding Executive Session items. Town Manager Slye explained the two Interlocal Agreements, including the cost exhibit of the Contractual Personnel Services Interlocal Agreement. Slye stated that it is Staff’s recommendation is to approve both agreements. Motion made by Council member Tiffany, seconded by Council member Schroeder, to approve the Contractual Personnel Services Interlocal Agreement with MUD1. Motion carried unanimously. Motion made by Council member Schroeder, seconded by Mayor Pro Tem Strother, to approve the Fire Department Personnel Services Interlocal Agreement between MUD1 and the Town of Trophy Club. Motion carried unanimously. ADJOURN Motion made by Council member Schroeder, seconded by Council member Tiffany, to adjourn. Motion carried unanimously. Meeting adjourned at 10:18 p.m. ___________________________________ ___________________________________ Shannon DePrater, TRMC, Town Secretary Connie White, Mayor Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council Page 18 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-653-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. Attachments:ORD 2013-01 Amending Chap 10 Art II Stop Signs.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Ordinance amending subsection “B”, “Stop Signs”, of Section 2.03 "Traffic Control Devices” of Article II, “Traffic & Vehicles” of Chapter 10 “Public Safety” of the Code of Ordinances of the Town to designate additional stop intersections throughout the Town and authorizing the placement of additional stop signs at those intersections; providing for a penalty; and providing an effective date. EXPLANATION: Twenty Nine new Stop signs added through recently accepted infrastructure in the Highlands NH’s 6-3A, 6-2F, 3-2B, 3- 2C, WE-2A, and WE-2B1. Ordinance requires addition of each Stop sign to the ordinance to be enforceable. TOWN COUNCIL GOAL(S): Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 19 of 73 Meeting Date: January 7, 2013 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-01 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION “B”, “STOP SIGNS”, OF SECTION 2.03 “TRAFFIC CONTROL DEVICES” OF ARTICLE II, “TRAFFIC & VEHICLES” OF CHAPTER 10 “PUBLIC SAFETY” OF THE CODE OF ORDINANCES OF THE TOWN TO DESIGNATE ADDITIONAL STOP INTERSECTIONS THROUGHOUT THE TOWN AND AUTHORIZING THE PLACEMENT OF ADDITIONAL STOP SIGNS AT THOSE INTERSECTIONS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to the Charter of the Town, State law, and its inherent police powers, the Town Council of the Town is empowered to adopt ordinances and rules that are for the good government of the Town; and WHEREAS, pursuant to Chapter 542 of the Texas Transportation Code, the Town is authorized to designate an intersection as a stop intersection or a yield intersection and to require each vehicle to stop or yield at one or more entrances to the intersection in accordance with an authorized traffic control device; and WHEREAS, due to growth and development within the Town, new streets and are being constructed, new intersections are being created, roads are being realigned and renamed; and WHEREAS, the Town Council has determined that public health, safety and welfare and good engineering practices mandate the designation of additional stop intersections with the addition of stop signs at those stop intersections within the Town; and WHEREAS, the Town Council has determined it to be in the best interest of the Town and its residents to amend the Code of Ordinances by designating new stop intersections and by authorizing the placement of stop signs as the official traffic control device at those stop intersections; and WHEREAS, the Town Council hereby finds that the amendment of Section 2.03(B) of Article II, Chapter 10 of the Code of Ordinances as further specified herein serves the best interests of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council Page 20 of 73 Meeting Date: January 7, 2013 SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 2.01 Subsection B entitled “Stop Signs” of Section 2.03 entitled “Traffic Control Devices” of Article II entitled, “Traffic & Vehicles” of Chapter 10, entitled “Public Safety” of the Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to add subsections 186 through 214 to Section 2.03, Subsection (B), which subsections shall be and read in their entirety as follows and all other subsections shall remain unchanged: “2.03 B. Stop Signs 186. At the Southwest corner of the intersection of Earl Drive and Exeter Drive facing west. 187. At the Northwest corner of the intersection Exeter Drive and Sheffield Drive facing north. 188. At the Southwest corner of the intersection of Kent Street and Trophy Club Drive facing west. 189. At the Northeast corner of the intersection of Kent Street and Mona Vale Road facing east. 190. At the Northwest corner of the intersection of Mona Vale Road and Marrickville Drive facing north. 191. At the Northwest corner of the intersection of Darlinghurst Road and Marrickville Drive facing north. 192. At the Northwest corner of the intersection of Castlereach Street and Marrickville Drive facing north. 193. At the Southeast corner of the intersection of Darlinghurst Road and Castlereach Street facing east. 194. At the Southwest corner of the intersection of Castlereach Street and Mona Vale Road facing west. 195. At the Northwest corner of the intersection of Chatswood Drive and Waverly Drive facing north. 196. At the Southeast corner of the intersection of King Lane and Chatswood Drive facing southeast. 197. At the Northwest corner of the intersection of King Lane and Annadale Drive facing north. 198. At the Northwest corner of the intersection of Annadale Drive and Waverly Drive facing north. Town Council Page 21 of 73 Meeting Date: January 7, 2013 199. At the Northwest corner of the intersection of Hyde Court and Waverly Drive facing north. 200. At the Southwest corner of the intersection of Waverly Drive and Balmoral Drive facing west. 201. At the Northwest corner of the intersection of Balmoral Drive and Trophy Park Drive facing north. 202. At the Northeast corner of the intersection of Hale Court and Hogans Drive facing east. 203. At the Northeast corner of the intersection of Rochester Court and Hogans Drive facing east. 204. At the Northeast corner of the intersection of Reading Court and Hogans Drive facing east. 205. At the Southwest corner of the intersection of Greenan Drive and Montgomerie Drive facing west. 206. At the Northeast corner the intersection of Greenan Drive and McLean Drive facing north. 207. At the Southwest corner of the intersection of Derby Court and Galloway Boulevard. facing north. 208. At the Southeast corner of the intersection of York Street and Trophy Club Drive facing west. 209. At the Northwest corner of the intersection of Mona Vale Road and York Street facing east. 210. At the Northwest corner of the intersection of Mona Vale Road and Cromwell Court facing north. 211. At the Northwest corner of the intersection of Mona Vale Road and Brunswick Court facing north. 212. At the Northwest corner of the intersection of Mona Vale Road and Martin Court facing north. 213. At the Northwest corner of the intersection of Mona Vale Road and Ranwick Court facing north. 214. At the Northeast corner of the intersection of Mona Vale Road and Highlands Drive facing east. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting traffic control and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Ordinance has been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed to remain and continue in full force and effect. Town Council Page 22 of 73 Meeting Date: January 7, 2013 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty Clause, and Effective Date Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall become effective from and after its date of passage and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 7th day of January, 2013. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas [SEAL] Town of Trophy Club, Texas Town Council Page 23 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-654-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding two Interlocal Agreements by and between the Town and Trophy Club MUD1 as amended by MUD1: A. Interlocal Agreement for Fire Department Personnel Services B. Interlocal Agreement for Contractual Personnel Services Attachments:MUD1 Fire ILA.pdf MUD1 personnel contractual services ILA.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding two Interlocal Agreements by and between the Town and Trophy Club MUD1 as amended by MUD1: A. Interlocal Agreement for Fire Department Personnel Services B. Interlocal Agreement for Contractual Personnel Services EXPLANATION: Red-line copies of the two proposed ILA’s have been forwarded earlier under separate cover. The one major change removes the cost of HR Services for the Fire Department. All other changes are not substantive changes. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 24 of 73 Meeting Date: January 7, 2013 INTERLOCAL AGREEMENT FOR FIRE DEPARTMENT PERSONNEL SERVICES This agreement is made this _____ day of ___________________, 20____ 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, (hereinafter “Agreement”) pursuant to the authority granted by the “Texas Interlocal Cooperation Act,” Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: 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, Chapters 54 and 49 of the Texas Water Code, as amended; and 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; and 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; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, MUD1 and Town each perform certain emergency response fire and medical services within their respective jurisdictions and personnel has been shared between the two entities under various arrangements in the past in an effort to achieve the most efficient, effective, and economical administration of such services; and WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide such emergency response fire and medical services which are the subject matter of this contract; furthermore, the governing bodies find that Town Council Page 25 of 73 Meeting Date: January 7, 2013 the performance of this contract is in the common interest of both parties and that the division of cost fairly compensates the performing party for the services under this contract. 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. I. Definitions 1.01 Benefits: Programs for health insurance, life insurance, disability, retirement, workers compensation and all similar employment type benefits provided by Town to its employees pursuant to Town employment policies including all benefits and programs provided by Town. 1.02 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, and all other employment-related 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 and funded by MUD1. Programs and other benefits offered via Town employment policies are also included in this definition of services and benefits to be processed by Town. 1.03 Emergency Medical Services: Health care provided by trained paramedics. 1.04 Fire Chief: The Jointly Funded Employee supervising Firefighting Services and Emergency Medical Services provided by the Trophy Club Fire Department. 1.05 Firefighting Services: Fire suppression, fire prevention, fire code enforcement and investigation, and public education provided by trained firefighters. 1.06 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. II. Employee Supervision and Organization 2.01 Combined Staff. Town and MUD1 have determined that to serve their best interests and the best interests of the taxpayers of Town and of MUD1, they will collaboratively provide Firefighting Services and Emergency Medical Services through the Trophy Club Fire Department with Firefighting Services operated by MUD1 and Town Council Page 26 of 73 Meeting Date: January 7, 2013 Emergency Medical Services operated by Town. (hereinafter collectively “Fire Department”) The Fire Department provides all emergency response fire and medical 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 through the Fire Department. Town shall pay for the costs of Emergency Medical Services and MUD1 shall pay for the costs of Firefighting Services on an equitable basis as more specifically set forth as attached as "Exhibit A." 2.02 Control and Oversight. Jointly Funded Employees are Town employees and are therefore subject exclusively to Town personnel policies; however, MUD1 shall have control and oversight over Firefighting Services and Town shall control and oversight over Emergency Medical Services. As a result, MUD1 shall have exclusive authority to establish Standard Operating Procedures for Firefighting Services (hereinafter “MUD1 SOPs”) and Town shall have exclusive authority to establish Standard Operating Procedures for Emergency Medical Services (hereinafter “Town SOPs”). In the event that a Joint Employee violates a MUD1 SOP, MUD1 shall have exclusive authority to discipline, the Jointly Funded employee, including termination. Likewise, In the event that a Joint Employee violates a Town SOP, Town shall have exclusive authority to discipline, the Jointly Funded employee, including termination. In the event of an appeal of disciplinary action or any other adverse employment action as a result of the violation of MUD1 SOPs, Town SOPs, or Town personnel policies, the appeal shall be in accordance with the processes set forth in the Town’s personnel policies. 2.03 Organization. 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 "B." III. Benefits and Human Resources Services 3.01 Benefits and Human Resources Services. Town shall provide Benefits and Human Resources Services to Jointly Funded Employees. In consideration for those services, MUD1 shall compensate Town as more specifically set forth as attached as "Exhibit A." 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. Jointly Funded Employees shall be subject to the Standard Operating Procedures of both MUD1 and Town pursuant to Section 4.01 “Standard Operating Procedures” of this Agreement; however, they shall be exclusively subject to the personnel policies of Town. 3.02 Assurance of Retirement Benefits. Town shall provide a copy of this agreement to Texas Municipal Retirement System (TMRS) and provide MUD1 a written statement of assurance that Jointly Funded Employees providing Firefighting Services Town Council Page 27 of 73 Meeting Date: January 7, 2013 are secure in their TMRS retirement benefits under this Agreement. Such assurance letter must be provided to MUD1 by February 1, 2013. Based upon the TMRS statute, Town agrees to continue to certify Jointly Funded Employees as Town employees as long as Jointly Funded Employees continue to meet the statutory requirements for TMRS benefit eligibility. IV. Standard Operating Procedures 4.01 Standard Operation Procedures. The Fire Chief shall develop and implement MUD1 SOPs and Town SOPs applicable to Jointly Funded Employees and governing the use of assets and facilities of both Town and MUD1; provided however that MUD1 SOPs shall not conflict with personnel policies of the Town, including personnel policies adopted after the effective date of this Agreement. Prior to implementation, Town SOPs and MUD1 SOPs must be approved by both the Town Manager and the District Manager, respectively. V. Compensation 5.01 Compensation. As compensation for the Benefits and Human Resource Services provided to MUD1 under this Agreement, upon Town presenting an itemized list of all expenses payable by MUD1 pursuant to its obligations under this Agreement, MUD1 agrees to pay to Town an annually agreed upon percentage of the actual costs incurred by Town for salary, benefits, and other compensation of the Jointly Funded Employees providing services to MUD1. Such compensation structure is more specifically set forth in and attached hereto as Exhibit "A" which may be amended by agreement of the parties on an annual basis in accordance with this Agreement. MUD1 shall pay for one hundred percent (100%) of training and associated costs of travel solely related to Firefighting Services. MUD1 shall pay for training and associated costs of travel related jointly to Firefighting Services and Emergency Medical Services at the agreed upon annual percentage rate if such costs were previously included and approved in the MUD1 budget. Town shall bear its proportionate share of other costs normally associated with the administration of Jointly Funded Employees including but not limited to training expenses (other than fire service training), travel, supplies, administrative and other miscellaneous costs not directly attributable to salary, benefits and other compensation. MUD1 will reimburse Town for Payroll expenses within 3 business days of receiving an invoice for the MUD1 portion of the payroll amount. 5.02 Increases in Compensation: Payment for increases in compensation for Jointly Funded Employees that are not first approved in both Town’s and MUD1’s respective budgets, shall only be binding upon the parties to this Agreement if approved by the Town Council Page 28 of 73 Meeting Date: January 7, 2013 governing body of each of the parties as a written amendment to this Agreement. If at any time after the expiration of the Initial Term (defined below) of this Agreement, either MUD1 or Town approves a plan for compensation or other program that has not been approved by the other party, the approving party shall be liable for one-hundred percent (100%) of the costs of such unapproved compensation plan or program, and the non- approving party shall have no liability for any percentage of the cost or for any percentage of the future cost created by or resulting from the approving party’s compensation plan or program. 5.03 Annual Deadline. Town shall submit all projections of costs for satisfaction of its obligations under this Agreement to MUD1 for consideration prior to finalization of MUD1's annual budget but in no case later than August 1 of each year. On or before September 30 of each year, MUD1 shall take action to adopt a budget for the Firefighting Services provided pursuant to this Agreement. VI. Term and Termination 6.01 Term . The respective fiscal year of each party hereto commences on October 1 of each year and terminates on September 30 of each year. This Agreement shall become effective on January 1, 2013. As a result, the initial term of this Agreement shall commence on January 1, 2013 and end on September 30, 2013 (hereinafter “Initial Term”). After the Initial Term, the term of this Agreement shall coincide with the October 1 to September 30 fiscal year of the parties. After the end of the Initial Term, this Agreement shall automatically renew for a term of five (5) years commencing on October 1, 2013 and shall automatically renew in five (5) year increments for two (2) additional terms if action is not taken to terminate the Agreement in accordance with the requirements of Section 6.02 "Termination." 6.02 Termination . This Agreement may be terminated with or without cause by either party hereto upon written notice of cancellation delivered in accordance with Section 7.06 “Notices” of this Agreement on or before April 1 of each year. 6.03 Breach of Contract . In the event of a breach of any provision of this Agreement, either party may provide notice of termination by providing written notice of the specific nature of the breach and of the specific provision of this Agreement alleged to have been breached. Written notice of the breach shall provide at least thirty (30) days for the breaching party to cure the breach and shall be delivered in accordance with Section 7.06 “Notices” of this Agreement. If the breach is not timely cured, this Agreement may be terminated immediately by the non-breaching party. Town Council Page 29 of 73 Meeting Date: January 7, 2013 VII. Miscellaneous 7.01 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. 7.02 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 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. 7.03 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 affirmative vote of a quorum of the respective governing body of each Party authorizing such amendment or modification to this Agreement. 7.04 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Party hereto. 7.05 Entire Agreement. This Agreement constitutes the entire agreement between the Parties on the matter of Jointly Funded Employees delineated herein. This Agreement supersedes all prior agreements on this subject matter whether oral or written. This Agreement may not be modified or amended except in writing mutually approved in accordance with Paragraph 7.03 “Amendment” herein. 7.06 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: Town of Trophy Club 100 Municipal Drive Town Council Page 30 of 73 Meeting Date: January 7, 2013 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 7.07 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. 7.08 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 nor 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. 7.09 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. 7.10 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. 7.11 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. Town Council Page 31 of 73 Meeting Date: January 7, 2013 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year first above written. TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB, TEXAS DISTRICT NO. 1 By: _______________________ By: ___________________________ Nick Sanders, President Connie White, Mayor Attest: Attest: By: _______________________ By: ___________________________ Laurie Slaght, MUD Secretary Shannon DePrater, Town Secretary Approved as to form: Approved as to form: _____________________________ _______________________________ Pamela H. Liston, Attorney for MUD1 Patricia A. Adams, Town Attorney Town Council Page 32 of 73 Meeting Date: January 7, 2013 EXHIBIT “A” Compensation Structure for Fire/EMS Personnel For FY 2013, Trophy Club Municipal Utility District No. 1 will contribute 51% of actual cost for salary and benefits for Fire/EMS personnel. The Town of Trophy Club will contribute 49% of actual cost for salary and benefits for Fire/EMS personnel. The Town of Trophy Club will pay 100%of the actual cost for salary and benefits to Fire/EMS personnel. Town Council Page 33 of 73 Meeting Date: January 7, 2013 EXHIBIT "B" ORGANIZATIONAL CHARTS FOR TROPHY CLUB MUD NO. 1 AND TOWN OF TROPHY CLUB Town Council Page 34 of 73 Meeting Date: January 7, 2013 INTERLOCAL AGREEMENT FOR CONTRACTUAL PERSONNEL SERVICES This agreement is made this _____ day of ___________________, 20____ 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, (hereinafter “Agreement”) pursuant to the authority granted by the “Texas Interlocal Cooperation Act,” Chapter 791 Texas Government Code providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: 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, Chapters 54 and 49 of the Texas Water Code, as amended; and 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; and 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; and WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, MUD1 and Town each perform certain governmental services within their respective jurisdictions and personnel have been shared between the two entities under various arrangements in the past in an effort to achieve the most efficient, effective, and economical administration of such governmental services; and WHEREAS, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the Town Council Page 35 of 73 Meeting Date: January 7, 2013 performance of this contract is in the common interest of both parties and that the division of cost fairly compensates the performing party for the services under this contract. 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. I. Definitions 1.01 MUD1 Support Services: Services from the Utility Billing Department and janitorial services provided to Town by MUD1 in accordance with this Agreement.. 1.02 Town Support Services: Services from the Information Services Department, Community Development/Permitting Department, Parks and Recreation Department, and Human Resources Department provided to MUD1 in accordance with this Agreement. II. Contractual Services 2.01 Support Services Provided to MUD1. Town shall provide Support Services to MUD1 in accordance with or limited by the following provisions: A. Benefits and Human Resources Services. MUD1 shall be responsible for all aspects of oversight for its employees including, but not limited to, hiring, evaluation, discipline, termination, payroll, and benefits administration. B. Information Technology Services. Town shall provide computer and technology support to MUD1 for the term of this Agreement through the services of Town employees from its Information Services Department. The Information Services Department or “IS” 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 Services Department shall provide general implementation, support, and assistance with the use of all hardware and software in existence upon execution of this Agreement and/or thereafter acquired that is 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 Services Department shall ensure that all MUD1 electronic information is separate from Town electronic information through a separate drive on the server or by other means acceptable to MUD1. Town personnel shall have no authority to use or Town Council Page 36 of 73 Meeting Date: January 7, 2013 disseminate MUD1 records, and MUD1 personnel shall have no authority to use or disseminate Town records. Additionally, MUD1 and Town personnel shall have equal access to all hardware and software purchased jointly. If currently there is limited access to software or hardware due to licensing, then by February 1, 2013, joint access shall be provided to authorized users as designated by the Town Manager (for Town personnel) and the MUD1 Manager (for MUD1 personnel). MUD1 will receive 50% of any licenses, hardware, or software access. Annual maintenance costs, upgrade costs, and other computer and information technology related costs shall be paid by Town with a monthly invoice submitted to MUD1 for reimbursement of expenses incurred for MUD1’s portion of such costs. Such costs shall not exceed amounts in the approved MUD1 and Town budgets without approval of both governing bodies. Payment shall be made by MUD1 within thirty (30) days of the date of invoice from Town. Any purchase on behalf of MUD1 shall be in accordance with MUD1 purchasing policies and expressly approved in advance by the MUD1 Manager. The Information Services Department shall provide the same level of service to MUD1 as provided to Town. C. Community Development/Permitting Services. Town shall provide for the acceptance and processing of permit applications, fee collection and deposits, and assistance to MUD1 customers as related to MUD1 business. Fees collected on behalf of MUD1 shall be transferred by check to MUD1 on a monthly basis and shall include a detailed report indicating fee payor and contact information, date of collection, and description of fee collected. The Community Development/Permitting Department shall provide the same level of service to MUD1 as provided to Town. D. Grounds Maintenance Services. Town shall maintain the grounds at all MUD1 facilities except the wastewater treatment plant. Grounds maintenance services shall include seventeen (17) service trips to each site per year with maintenance to include mowing, weed maintenance, and debris cleanup after each maintenance event. E. Control and Oversight. Town shall have control and oversight over the operation(s), performance, reporting, hiring, firing, and discipline of all Town Employees providing services under this Agreement. Requests for services to be provided by Town employees to MUD1 shall be made either by or through a MUD1 employee, the MUD1 Manager, or the Town Manager. Elected officials shall not direct the operations or directly request services of Town Employees. F. Organization. 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 "B." Town Council Page 37 of 73 Meeting Date: January 7, 2013 2.02 Support Services Provided to Town. MUD1 shall provide support services to Town in accordance with the following provisions: A. Billing Services. MUD1 shall provide for customer monthly billing and collection of Town refuse service and drainage fees through its Utility Billing Department. Fees collected on behalf of Town shall be transferred to Town by check on a monthly basis and shall include a detailed report indicating fee payor and contact information, date of collection, and description of fee collected. Utility Billing policies and procedures shall be set by the MUD1. The Utility Billing Department shall provide the same level of service to Town as provided to MUD1. B. Customer Service. MUD1 shall provide for customer service and assistance to Town residents as related to Town services. Customer Service shall include answering telephone calls and inquiries, referrals to appropriate personnel, and greeting walk-in customers during office hours. Customer Service policies and procedures shall be set by the MUD1. MUD1 shall provide the same level of service to Town as provided to MUD1. C. Janitorial Services. MUD1 shall provide janitorial services for the Municipal building located at 100 Municipal Drive. Janitorial services shall include a minimum of weekly cleaning and may be provided through MUD1 employees and/or through contract services with a third-party provider. D. Control and Oversight. MUD1 shall have control and oversight over the operation(s), performance, reporting, hiring, firing, and discipline of all MUD 1 employees and contractors providing services under this Agreement. Requests from Town for services to be provided by MUD1 employees and contractors shall be made either by or through a Town employee, the Town Manager, or the MUD1 Manager. Elected officials shall not direct the operations or directly request services of MUD1 Employees. 2.03 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. The Town may utilize monthly utility bills for communications to customers related to Town business. All costs for communication inserts shall be paid by MUD1 with a monthly invoice submitted to Town for reimbursement by check for Town’s portion of such costs. Payment shall be made by Town within thirty (30) days of the date of invoice from MUD1. Town personnel must request to include a utility billing insert through the Utility Billing Supervisor and must provide the insert to the Utility Billing Department to allow enough time for inclusion in the next billing cycle. Town Council Page 38 of 73 Meeting Date: January 7, 2013 III. Compensation 3.01 Payment. MUD1 and Town agree to pay for support services pursuant to the schedule of costs attached hereto and incorporated herein as Exhibit “A” entitled “Cost Details.” Payment shall be made in two (2) equal installments. The first installment shall be paid within ten (10) days following execution of this Agreement; the second installment shall be due on March 1, 2013 and shall be paid within ten (10) days thereafter. After the Initial Term (defined below) of this Agreement, the first installment shall be made within ten (10) days following October 1 of each year and the second installment shall be made within ten (10) days following March 1 of each year. 3.02 Adjustments. Each fiscal year during the budgeting process, the Town Manager and MUD1 Manager shall review costs and make adjustments as deemed necessary and as agreed upon. Any cost increase to either party exceeding twenty-five percent (25%) of the previous year’s amount shall first be approved by the governing body of the Town and MUD1 before it shall become effective. IV. Term/Termination 4.01 Term/Termination . The respective fiscal year of each party hereto commences on October 1 of each year and terminates on September 30 of each year. This Agreement shall become effective on January 1, 2013. As a result, the initial term of this Agreement shall commence on January 1, 2013 and end on September 30, 2013 (hereinafter “Initial Term”). After the Initial Term, the term of this Agreement shall coincide with the October 1 to September 30 fiscal year of the parties and shall automatically renew for five (5) successive periods of one (1) year each, unless terminated by either party giving ninety (90) days written notice of termination prior to October 1 and delivering such notice in accordance with Section 5.06 “Notices” of this Agreement. V. Miscellaneous 5.01 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. 5.02 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 Town Council Page 39 of 73 Meeting Date: January 7, 2013 permitted or available right, remedy or privilege for that Party. Additionally, one instance of forbearance by 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. 5.03 Amendment. Except as expressly provided in Section 3.02 “Adjustments”, 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 affirmative vote of a quorum of the respective governing body of each Party authorizing such amendment or modification to this Agreement. 5.04 Assignment. This Agreement may not be sold, transferred, or assigned by any Party without the express written consent of the other Party hereto. 5.05 Entire Agreement. This Agreement constitutes the entire agreement between the Parties on the matter of personnel services delineated herein. This Agreement 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 5.03 “Amendment” herein. This Agreement is not intended to govern administration of the Fire Department and personnel therein which subject matter shall be covered by separate agreement. 5.06 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: 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 Town Council Page 40 of 73 Meeting Date: January 7, 2013 5.07 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. 5.08 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. 5.09 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 nor 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. 5.10 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. 5.11 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. 5.12 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year first above written. Town Council Page 41 of 73 Meeting Date: January 7, 2013 TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB, TEXAS DISTRICT NO. 1 By: _______________________ By: ___________________________ Nick Sanders, President Connie White, Mayor Attest: Attest: By: _______________________ By: ___________________________ Laurie Slaght, MUD Secretary Shannon DePrater, Town Secretary Approved as to form: Approved as to form: _____________________________ _______________________________ Pamela H. Liston, Attorney for MUD1 Patricia A. Adams, Town Attorney Town Council Page 42 of 73 Meeting Date: January 7, 2013 EXHIBIT “A” COST DETAILS FY 2013 Costs paid by MUD1 to Town IT Services: $ 58,846 Ground Maintenance: $ 9,025 Credit(s) allowed by Town to MUD1 Building Janitorial Service: $ (7,553) Total Paid by MUD1 to Town: $ 60,318 Town Council Page 43 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-655-T Name: Status:Type:Agenda Item Consent Agenda File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding an Interlocal Agreement with the Town of Westlake and the City of Roanoke relative to the painting of the three bridges and the sound wall in the SH114/170 project; and authorizing the Mayor or her designee to execute all necessary documents. Attachments:Joint ILA with Westlake and Roanoke for Bridge Painting.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding an Interlocal Agreement with the Town of Westlake and the City of Roanoke relative to the painting of the three bridges and the sound wall in the SH114/170 project; and authorizing the Mayor or her designee to execute all necessary documents. EXPLANATION: The motion to not exceed $18,000 was previously passed unanimously. EDC-4B has approved $50,000 for this project. The ILA includes a contingency amount that exceeds $18,000. The amount ‘not to exceed’ needs to be increased to $25,000. Dollars are available to accommodate this $7,000 increase. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval. Town Council Page 44 of 73 Meeting Date: January 7, 2013 T o w n C o u n c i l P a g e 4 5 o f 7 3 M e e t i n g D a t e : J a n u a r y 7 , 2 0 1 3 T o w n C o u n c i l P a g e 4 6 o f 7 3 M e e t i n g D a t e : J a n u a r y 7 , 2 0 1 3 T o w n C o u n c i l P a g e 4 7 o f 7 3 M e e t i n g D a t e : J a n u a r y 7 , 2 0 1 3 T o w n C o u n c i l P a g e 4 8 o f 7 3 M e e t i n g D a t e : J a n u a r y 7 , 2 0 1 3 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-657-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action in accordance with the Town's plan to restructure the 2002-A General Obligation Bond debt: A. Consider and take appropriate action regarding a Service Contract by and between the Town and Trophy Club Economic Development Corporation 4B providing for an increase in the payment contribution from EDC4B for the debt associated with the series 2002-A General Obligation Bonds; superseding the prior Service Contract between the Town and EDC4B; and authorizing the Mayor or her designee to execute all necessary documents. B. Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2012- 2013 Town Budget to appropriate funds required for debt payment as a result of the calling of the series 2002-A General Obligation Bonds (Budget Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter); and providing an effective date. Attachments:Service Contract 2002A GO Bond Issue for Harmony Park Improvements.pdf ORD 2013-02 Budget Amend No 2 - Calling 2002-A Bonds.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action in accordance with the Town's plan to restructure the 2002-A General Obligation Bond debt: A. Consider and take appropriate action regarding a Service Contract by and between the Town and Trophy Club Economic Development Corporation 4B providing for an increase in the payment contribution from EDC4B for the debt associated with the series 2002-A General Obligation Bonds; superseding the prior Service Contract between the Town and EDC4B; and authorizing the Mayor or her designee to execute all necessary documents. B. Consider and take appropriate action regarding an Ordinance of the Town amending the FY 2012-2013 Town Budget to appropriate funds required for debt payment as a result of the calling of the series 2002-A General Obligation Bonds (Budget Amendment No. 2 making a supplemental appropriation in accordance with the Town Charter); and providing an effective date. EXPLANATION: In accordance with the Town’s debt restructuring plan and resolution 2012-29 passed on November 14th, the Town is required to appropriate $660,000 from unrestricted fund balance in order to call the 2002-A General Obligation Bonds. A budget amendment is necessary in order to make that transfer. The Trophy Club 4B Economic Development Corporation (EDC 4B) had previously agreed to pay 25% of the debt obligation for the 2002 Bond Issuance for $1,400,000.00 in park projects, and Trophy Club Economic Development Corporation 4A agreed to pay 75% of that debt obligation. With the sales tax reallocation and debt restructuring, EDC4B has agreed to pay 72% of the costs of that Project, and EDC4A’s obligation for the costs of the debt service for the project has been eliminated. The Service Contract documents EDC4B’s obligations to pay a portion of the costs of the project previously accepted by EDC4A. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Town Council Page 49 of 73 Meeting Date: January 7, 2013 File #: 2012-657-T, Version: 1 Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: By calling the 2002-A General Obligation bonds at this time the Town will realize approximately $225,000 in interest savings. The Town will call this debt to comply with the recommended debt restructuring plan which also calls for an interlocal agreement (ILA) between the Town and the EDC 4B which requires the EDC 4B to repay the Town $660,000 in principal in addition to interest equal to the prime rate plus one percent (not to exceed 3%) over a period of 15 years. The ILA will increase the EDC 4B annual debt requirements by approximately $26,974. The current annual debt obligation of the EDC 4B is approximately $27,990. Total debt service requirement, then, will be $54,964. First payment will be scheduled in FY14. Town Council Page 50 of 73 Meeting Date: January 7, 2013 SERVICE CONTRACT THIS SERVICE CONTRACT ("Contract") executed by and between the Town of Trophy Club, a home rule municipality located within Denton and Tarrant Counties (hereinafter "Town") and Trophy Club Economic Development Corporation 4B, a corporation formed pursuant to the laws of the State of Texas (hereinafter "EDC4B"). W I T N E S S E T H WHEREAS, in 2002, the voters of the Town approved a $1,400,000 bond issuance (hereinafter “2002 Bond Issuance”) for the purpose of constructing and equipping a municipal park and swimming pool (hereinafter “Project”); and WHEREAS, pursuant to Resolution No. 2002-23 service contracts between the Town and Trophy Club Economic Development Corporation 4A (hereinafter “EDC4A”) and EDC4B were approved wherein both EDC4A and EDC4B agreed to contribute funds to pay the debt service on the Project, with EDC4A contributing 75% of the annual debt service and with EDC4B contributing 25% of the annual debt service of the 2002 Bond Issuance; and WHEREAS, pursuant to an election called by Town and held on November 6, 2012, the voters of the Town authorized the reduction of the percentage of sales tax allocated to EDC4A from one-half of one percent to one-fourth of one percent and authorized the increase in the percentage of sales tax allocated to EDC4B from one- fourth of one percent to one-half of one percent; and WHEREAS, due to the reduction of the revenue to EDC4A, the Town has determined it appropriate to release EDC4A from its agreement to pay debt service on the Project, and in accordance with the plan to restructure EDC4A debt, the Town has agreed to pay a portion of that debt with an appropriation from the Town’s General Fund balance; and WHEREAS, the EDC4B has benefitted from the reallocation of sales tax money as a result of the November, 2012 election, and as a result, finds it advisable and appropriate to enter into this Contract to contribute additional funds for payment of the costs associated with the Project over and above those funds already provided by EDC4B for the cost of the Project; and WHEREAS, the parties hereto find it necessary and appropriate to enter into this Contract to evidence the duties and responsibilities of the respective parties for the continued debt service of the Project; and. NOW, THEREFORE, in consideration of the covenants and agreements herein made, and subject to the conditions herein set forth, the Town and the Corporation agree as follows: Town Council Page 51 of 73 Meeting Date: January 7, 2013 I. Incorporation of Findings/Premises. The foregoing findings and premises are found to be true and correct and are hereby incorporated in and made a part of this Contract for all purposes. Terms and expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings set forth herein, including terms defined in the foregoing Premises, II. Obligations of EDC4B / Effective Date and Term 2.01. Obligations of EDC4B. EDC4B shall pay an amount not to exceed $824,456.00 (EIGHT HUNDRED TWENTY FOUR THOUSAND FOUR HUNDRED AND FIFTY SIX AND NO/100 DOLLARS) over the term of this Contract, which amount includes both principal and interest, in annual installments as set forth in Exhibit “A” and subject to the terms of this Contract. A copy of Exhibit “A” is attached hereto and incorporated herein. The first payment shall be due on August 1, 2014, and all payments hereunder shall be subject to EDC4B’s annual budgeting and appropriations, and shall be subordinate to and subject to the requirements for EDC4B’s bond resolutions, if any, authorizing EDC4B bonds. Notwithstanding the foregoing, in the event that EDC4B desires to fund other eligible projects authorized by state law, and its’ obligations under this Contract would preclude or inhibit its participation in such other eligible projects, the Town agrees that it will consider waiving, forbearing, or otherwise delaying the payment date of one or more payments by EDC4B under this Contract and/or reducing the amount of or excusing one or more of EDC4B’s payment obligations hereunder as Town determines appropriate to allow EDC4B to fund an eligible project. 2.02. Effective Date and Term. The effective date of this Contract shall be the date of last signature below, after approval by the respective governing body of each party hereto. The term of this Contract shall be for a period of sixteen (16) years from the effective date; provided however, If a waiver, extension, or forbearance of payment date or a waiver or reduction of payment is authorized by Town in accordance with Section 2.01 above, the term of this Contract shall automatically be extended by the period for which the waiver, extension, or forbearance of payment date is granted. Section III. Prior Contracts and Agreements Superseded Pursuant to Section II above, EDC4B is increasing its cost participation in the Project from twenty-five percent (25%) which was authorized pursuant to a service contract approved by Resolution No. 2002-23 to seventy-two percent (72%). This Contract repeals and supersedes all obligations of EDC4B and Town, including without limitations all agreements pursuant to motions approved by EDC4B and/or Town, all oral or written agreements between the parties, and the Service Contract referenced in Town Council Page 52 of 73 Meeting Date: January 7, 2013 and approved by Resolution No. 2002-23, and constitutes the sole and singular agreement of the Parties regarding the payment obligations of EDC4B for the cost of the Project and/or the 2002 Bond Issuance that serve as the basis of the obligations of the parties under this Contract. Section IV. Consideration The parties agree that sufficient consideration for this Contract exists and is found in the agreements of the Parties set forth above and other good and valuable consideration paid and received pursuant to this Contract. Each of the parties hereto shall make such payments only from current revenues legally available to the paying party, and each agrees that the promises and obligations herein are fair and equitable. Section V. Termination and Release/Non-Waiver Anything contained herein to the contrary notwithstanding, upon final payment to Town, this Contract shall automatically terminate without further action being required of the Parties. All rights, remedies and privileges permitted or available to any party under this Contract 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 Contract shall not result in a forfeiture of any rights, remedies, or privileges under this Contract by such defaulting party. VI. Severability In the event that any one or more of the provisions contained in this Contract shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Contract, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been included in this Contract. VII. Amendment/Modification/Assignment This Contract may not be amended, modified, or assigned unless such amendment, modification or assignment is in writing and signed by an authorized representative of each of the parties hereto. Additionally, any such amendment, modification or assignment 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 to, modification to or assignment of this Contract. Town Council Page 53 of 73 Meeting Date: January 7, 2013 VIII. Construction of Document This Contract is a negotiated document and shall be deemed drafted equally by all Parties hereto. The language of all parts of this Contract 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. IX. Immunity The fact that the parties individually and/or collectively accept certain responsibilities relating to Project under this Contract or any previous contract relative to the subject matter of this Contract as part of their rights, obligations and responsibilities as an entity makes it imperative that the performance of the obligations imposed under this Contract be recognized as governmental functions and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither party hereto waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. X. Force Majeure Neither Town nor EDC4B shall be required to perform any term, condition, or covenant in the Contract 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 EDC4B or Town and which by the exercise of due diligence EDC4B or Town is unable, wholly or in part, to prevent or overcome. XI. Entire Agreement This Contract constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, covering the same subject matter. This Contract may not be modified or amended except in writing mutually approved in accordance with the express terms herein. XII. Applicable Law / Venue. This Contract 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 Contract shall lie in Denton County, Texas. Town Council Page 54 of 73 Meeting Date: January 7, 2013 IN WITNESS WHEREOF, the Corporation and the Town, acting under authority of their respective governing bodies have caused this Contract to be duly executed by the respective parties and shall become effective on the date of the last signature hereto. TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B Date: ______________ Jim Hicks, President, Board of Directors ATTEST: Dean Murray, Secretary, Board of Directors TOWN OF TROPHY CLUB, TEXAS Date: ______________ Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] Town Council Page 55 of 73 Meeting Date: January 7, 2013 Exhibit “A” Trophy Club Economic Development Corporation 4B maximum payment schedule for $660,000 principal amount for retirement of 2002-A General Obligation Bonds The payment schedule below illustrates the maximum annual amount due for the payment of $660,000 (at a 3% annual interest rate – the maximum allowable annual interest rate). The principal amount ($660,000) is to be paid over 15 years at an annual interest rate of the prime rate (as published by the Wall Street Journal on the payment date) plus 1%, with the total amount of interest not to exceed 3%. Principal Amount: $660,000 Loan Term: 15 Years Annual (Maximum) Interest Rate: 3.00% Fiscal Year Principal Interest Total 2014 35,427$ 19,536$ 54,964$ 2015 36,498$ 18,465$ 54,964$ 2016 37,601$ 17,362$ 54,964$ 2017 38,738$ 16,226$ 54,964$ 2018 39,909$ 15,055$ 54,964$ 2019 41,115$ 13,849$ 54,964$ 2020 42,358$ 12,606$ 54,964$ 2021 43,638$ 11,326$ 54,964$ 2022 44,957$ 10,007$ 54,964$ 2023 46,316$ 8,648$ 54,964$ 2024 47,716$ 7,248$ 54,964$ 2025 49,158$ 5,806$ 54,964$ 2026 50,644$ 4,320$ 54,964$ 2027 52,174$ 2,789$ 54,964$ 2028 53,751$ 1,212$ 54,964$ TOTAL 660,000$ 164,456$ 824,456$ Town Council Page 56 of 73 Meeting Date: January 7, 2013 TOWN OF TROPHY CLUB ORDINANCE NO. 2013-02 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING THE FY 2013 BUDGET OF THE TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO APPROPRIATE FUNDS REQUIRED FOR PAYMENT OF DEBT RESULTING FROM THE CALLING OF THE SERIES 2002-A GENERAL OBLIGATION BONDS (BUDGET AMENDMENT NO. 2 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 2013 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 debt service required for Series 2002-A General Obligation Bonds (2002-A GO Bonds); and WHEREAS, the Trophy Club Economic Development Corporation 4A (EDC4A) currently contributes 75% and the Trophy Club Economic Development Corporation 4B (EDC4B) currently contributes 25% of the funds required for annual debt service of the 2002-A GO Bonds; and WHEREAS, the 2002-A GO Bonds became callable as of September 1, 2012; and WHEREAS, the Council took action on November 14, 2012 to approve Resolution No. 2012-29 calling the 2002-A GO Bonds, and the completion of that process will provide approximately $225,000 in interest savings; and WHEREAS, the Town is currently pursuing a debt restructuring plan to eliminate debt currently being serviced by EDC4A; and WHEREAS, the amount required to retire the portion of the principal being serviced by EDC4A is $660,000; and WHEREAS, EDC4A does not have sufficient funds to retire this principal amount; and WHEREAS, in order to effect the Town’s debt restructuring plan, the Town is required to appropriate $660,000 from unreserved fund balance in order to pay the principal amount due from EDC4A; and Town Council Page 57 of 73 Meeting Date: January 7, 2013 WHEREAS, EDC4B has entered into an interlocal agreement to repay the Town the amount of $660,000 over a period of fifteen (15) years including interest considerations; 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 2013 Budget is hereby amended to fund the line items as stated in Exhibit “A”, a copy of which is attached hereto and incorporated herein. This Amendment No. 2 (Exhibit “A”) to the Original Budget of the Town of Trophy Club, Texas, for the Fiscal Year 2013 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 second budget amendment that has occurred since the October 1, 2012 effective date of the Town’s Fiscal Year 2013 Budget. SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Fiscal Year 2013 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. Town Council Page 58 of 73 Meeting Date: January 7, 2013 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 7th day of January, 2013. Connie White, Mayor Town of Trophy Club, Texas [SEAL] ATTEST: Shannon DePrater, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas Town Council Page 59 of 73 Meeting Date: January 7, 2013 Exhibit “A” Town of Trophy Club Budget Amendment No. 2 The Fiscal Year 2013 General Fund Expenditure Budget increase specified below is a result of costs associated with the retirement of the 2002-A General Obligation bonds and will be funded from an appropriation from the Town’s General Fund fund balance. Original Budget Amendment Amended Budget Transfer to Debt Service $ 0 $ 660,000 $ 660,000 Town Council Page 60 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-658-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas endorsing certain Legislative Action in the Regular Session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process; and providing an effective date. Attachments:2012-12-06-TCAP-LegislativeAgenda.pdf RES 2013-02 Resolution Endorsing 83rd Legislative Action.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding a Resolution of the Town Council of the Town of Trophy Club, Texas endorsing certain Legislative Action in the Regular Session of the 83rd Texas Legislature to enhance the competitive electric market and system reliability and to protect the traditional role of cities in the regulatory process; and providing an effective date. EXPLANATION: Our aggregation electric provider (Texas Coalition for Affordable Power - TCAP) is asking all of the member cities to review and consider supporting their legislative agenda. This is a routine action that occurs each legislative session. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends approval of the proposed TCAP resolution. Town Council Page 61 of 73 Meeting Date: January 7, 2013 Contact: Randolph (Randy) C. Moravec, PhD, Executive Director rcmoravec@tcaptx.com • (972) 742-7015 The Texas Coalition for Affordable Power Recommendations for a More Competitive Electric Market Because high energy costs can impact municipal budgets and the ability to fund essential services, TCAP, as part of its mission, actively promotes affordable energy policies. Affordable power in a fully competitive market also means economic development for our communities and a better life for our citizens. TCAP members are committed to making electric deregulation work. Maintaining an even playing field for cities Cities have a long history representing consumers in “regulated” rate cases. But big electric companies want to deter cities from exercising any opposition so they can more easily raise rates. TCAP will work hard at the Texas Legislature to protect city authority. Fair Price for Electricity Produced at Home Are rooftop solar panels installed in your community? TCAP supports legislation that will ensure that residential and small commercial customers that produce excess power at their homes or businesses receive a fair price for power they provide the grid. Reduce Confusion in the Retail Electricity Market Texans should have access to standard-language electricity deals. These deals will enhance competition by facilitating apples-to-apples price shopping. Town Council Page 62 of 73 Meeting Date: January 7, 2013 Contact: Randolph (Randy) C. Moravec, PhD, Executive Director rcmoravec@tcaptx.com • (972) 742-7015 Avoid Changes in the Market that Will Increase Costs Some of the state’s generation companies want to receive big payments for power plants, regardless of whether any power is actually generated — and are lobbying hard for changes to make it happen. TCAP will oppose proposals at the Legislature that create unnecessary price supports for generators that circumvent the competitive market and increase electricity costs to consumers. Updating Market Protections in the Lone Star State Where appropriate, anti-competitive behavior prohibited in other states should also be prohibited in Texas. Texas regulators should have the same power to assess penalties as regulators elsewhere. Legal loopholes that exempt some generators from prosecution should be closed. Promote Public-Private Electric Generation Partnerships TCAP wants cities to have the right to pursue small-scale generation projects, just so long as the projects enhance economic development and produce affordable power. Such public-private partnerships also are a cost-effective way to help address the state’s long-term generation and reliability challenges. No foreign ownership of electric distribution facilities Texans depend on a complex network of wires to bring power to their homes. With so much at stake, accountability is important. That’s why there should be no foreign ownership of local electric distribution networks. When the system fails or bills go up, Texans shouldn’t have to call Madrid to complain. Home rule cities — individually or collectively —also should be permitted to own and operate electric distribution networks. Hold Big Generation Companies Accountable for Market Abuses Under Texas law, big generation companies can obtain advanced regulatory protections against future prosecution for anti-competitive behavior. TCAP supports reforms to ensure that these advanced protections are fair, and don’t become “Get Out Of Jail Free” cards for market abusers. Town Council Page 63 of 73 Meeting Date: January 7, 2013 TOWN OF TROPHY CLUB RESOLUTION 2013-02 A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, ENDORSING CERTAIN LEGISLATIVE ACTION IN THE REGULAR SESSION OF THE 83RD TEXAS LEGISLATURE TO ENHANCE THE COMPETITIVE ELECTRIC MARKET AND SYSTEM RELIABILITY AND TO PROTECT THE TRADITIONAL ROLE OF CITIES IN THE REGULATORY PROCESS WHEREAS, the Town of Trophy Club, Texas is a member of Texas Coalition for Affordable Power (“TCAP”), a non-profit political subdivision created by cities throughout Texas to secure affordable electric energy for its members in the deregulated electric market; and WHEREAS, TCAP pools the energy needs of its more than 160 political subdivision members to negotiate favorable prices and contract terms for the purchase of approximately 1.3 billion kilowatt hours annually; and WHEREAS, affordable and reliable power means economic development for the Town and a better standard of living for our citizens; and WHEREAS, the Town supports legislative initiatives that promote a healthy electric market where competition can flourish and electric customers can save money; and WHEREAS, the Town endorses the legislative agenda of TCAP and opposes legislative initiatives that would fundamentally alter the ERCOT energy market or the traditional role of cities in the regulatory process. THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The Regular Session of the 83rd Texas Legislature be encouraged to preserve the traditional role of cities in the regulatory process, including original jurisdiction and reimbursement of reasonable rate case expenses. Section 2. The Legislature make no statutory changes that would lead to a reduction in revenues paid by public utilities as franchise fees for rental of public rights- of-way. Section 3. The Legislature facilitate and encourage public/private partnerships between cities and electric generation developers in creating small-scale (not to exceed 50 MW) power plants capable of rapidly meeting peak power needs. Section 4. The Legislature recognize that “smart meters” are under-utilized with regard to encouraging and incentivizing reductions in energy consumption during peak periods and that the regulated transmission and distribution utilities which own the Town Council Page 64 of 73 Meeting Date: January 7, 2013 “smart meters” be allowed to re-enter the retail electric market to the extent they offer regulated rate plans designed to incent reductions in peak energy consumption. Section 5. The Legislature preclude foreign ownership of electric distribution assets and make it clear that, notwithstanding any other provision in law, home rule cities, individually or collectively, shall be permitted to own and operate electric distribution assets so long as said cities are not involved in retail sales of electricity. Section 6. The Legislature resist any efforts to transform the energy-only ERCOT market into a capacity market which would increase the price of electricity by artificially inflating generator profits. Section 7. The Legislature enhance protections against anti-competitive activities in the wholesale market and require the Public Utility Commission (“PUC”) to reform its rules related to Voluntary Mitigation Plans and allow cities and other interested parties to participate in review of such plans. Section 8. The Legislature mandate that the PUC and market participants provide consumer education regarding the relationship between time of use, cost of energy production and transmission, and the price paid by consumers. Section 9. The Legislature require the PUC to establish certain uniform products that must be offered by all retail electric providers (“REPs”) and to establish new rules governing the powertochoose.org and powertosavetexas.org websites that will better inform retail customers of complaints against REPs and better educate customers regarding the economic and market benefits of reducing demand during peak periods. Section 10. This resolution shall take effect immediately upon its passage. Section 11. A copy of this resolution shall be sent to the elected lawmakers representing the City’s interests in the Texas House and Senate and to Randolph C. Moravec, Executive Director of TCAP, 15455 Dallas Parkway, Addison, Texas 75001. PASSED and APPROVED by the Town Council of the Town of Trophy Club, Texas on this 7th day of January, 2013. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Shannon DePrater, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] Town Council Page 65 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-619-T Name: Status:Type:Agenda Item Regular Session File created:In control:12/3/2012 Town Council On agenda:Final action:12/10/2012 Title:Consider and take appropriate action regarding the adoption of a new logo for the Town of Trophy Club. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the adoption of a new logo for the Town of Trophy Club. EXPLANATION: In October 2011 the Trophy Club Economic Development Corporation 4B (EDC 4B) commissioned a new logo redesign for the town, a project that has been in discussion since 2008. After a year of gathering research, reviewing multiple concepts, tweaking designs and working with resident groups on finishing touches, there are two final design concepts: - The TC monogram “Flag” logo - The TC monogram “Hill” logo TOWN COUNCIL GOAL(S): Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management staff recommends Logo option A, the TC monogram resembling a flag, as presented. After considering feedback from an informal survey, EDC 4B Directors and the Vision Committee, staff supports the earlier recommendation (April 9, 2012 Town Council/EDC 4B joint meeting) to move forward with the TC monogram “Flag” logo. The TC Flag logo is flexible, unique, simple and memorable. The logo is creative and reflects Trophy Club culture while allowing for the opportunity to build a visual identity for the many facets of town government, including economic development, Parks & Recreation, NISD school support collateral and the Police Department, for example. Town Council Page 66 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-659-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding the formation of a PID Water and Wastewater Operational Services Council Subcommittee. Attachments:PID Water Supply Memo.pdf Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the formation of a PID Water and Wastewater Operational Services Council Subcommittee. EXPLANATION: The O&M ILA with the MUD to provide utility services to the PID is being reviewed by the MUD (they have established a similar committee). They need direction from the Town on how to proceed in the future to help them plan for future capital improvements. The MUD Manager and Town Manager have developed a boilerplate agreement and will present to both PID Committees for discussion in the very near future. This is a very necessary action for both organizations moving forward. TOWN COUNCIL GOAL(S): Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends a committee of 2 to serve as the PID Utility Review Committee. Town Council Page 67 of 73 Meeting Date: January 7, 2013 Mike Slye From: Jennifer McKnight Sent: Thursday, January 03,20138:15 AM To: Mike Slye Subject: PIO Water Supply Mike: You and I have discussed the need for revisions to the PID contracts. It is time that we decide how we will move forward to ensure the contracts are written correctly and allow the MUD the ability to complete wastewater upgrade planning. The major source of confusion (for me) is that we need to decide if we will continue with the current wholesale scenario or move to a retail scenario. Below are some bullet points for a discussion that will help us decide the best way to recommend moving forward. In order to get things moving with the wastewater plant a decision will need to be made and contract defined in the next 60 days. Please let me know a time you are available to discuss. I realize this may be something you want to discuss with council so I was hoping we could get together on it today or tomorrow. Thanks. MUD ACTS AS WHOLESALE SUPPLIER 1. Wholesale contracts must be filed with TCEQ and contain certain information. The current contract does not meet the criteria and I cannot find where it was filed with TCEQ. Texas Water Code § 13.144. Notice of Wholesale Water Supply Contract A district or authority created under Section 52, Article Ill, or Section 59, Article XVI, Texas Constitution, a retail public utility, a wholesale water service, or other person providing a retail public utility with a wholesale water supply shall provide the commission with a certified copy of any wholesale water supply contract with a retail public utility within 30 days after the date of the execution of the contract. The submission must include: • the amount of water being supplied • term of the contract • consideration being given for the water • purpose of use • location of use • source of supply • point of delivery • limitations on the reuse of water • a disclosure of any affiliated interest between the parties to the contract • any other condition or agreement relating to the contract. 2. If MUD is the wholesale supplier then Town is retail provider and must have PWS registration. 3. MUD must seek approval from City of Fort Worth 4. Contract should also define terms for payment, rate setting responsibility, and terms for participation in offsite upgrades. 5. Agreements should also be revised to define long-term agreement for bonding purposes. MUD ACTS AS RETAIL SUPPLIER 1. No need for contracts. 2. MUD should obtain CCN so PID not out of district. 3. Define payment for "rental" of Town infrastructure. Jennifer McKnight District Manager 1 Town Council Page 68 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-660-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Consider and take appropriate action regarding the Town Council meeting schedule for February 2013. Attachments: Action ByDate Action ResultVer. TITLE Consider and take appropriate action regarding the Town Council meeting schedule for February 2013. EXPLANATION: The second meeting in February is the 18th, management would like to move this meeting to the 25th to allow for the additional one week to prepare for Calling the May 2013 General and Special Elections. The 18th also conflicts with Denton County Days in Austin. TOWN COUNCIL GOAL(S): Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service RECOMMENDATION AND JUSTIFICATION TO COUNCIL: Management recommends moving the second meeting in February from February 18 to February 25. Town Council Page 69 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-661-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Town Manager Slye's update regarding the following; discussion of same. - CCPD - Library Usage - Landscape Change to Hampton Inn - Lakeview Construction - MUD1 Employee Transition from Town - Filing Period for May Election - January 30, 2013 - March 1, 2013 Attachments: Action ByDate Action ResultVer. TITLE Town Manager Slye's update regarding the following; discussion of same. - CCPD - Library Usage - Landscape Change to Hampton Inn - Lakeview Construction - MUD1 Employee Transition from Town - Filing Period for May Election - January 30, 2013 - March 1, 2013 Town Council Page 70 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-662-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 12, 2012 - Northwest Communities Partnership Board Meeting - December 20, 2012 - Precinct 4 Task Force Meeting - January 3, 2013 - Trophy Club Vision Committee Meeting Attachments: Action ByDate Action ResultVer. TITLE Mayor and Council Updates regarding training opportunities, educational sessions, and regional meetings; discussion of same. - December 12, 2012 - Northwest Communities Partnership Board Meeting - December 20, 2012 - Precinct 4 Task Force Meeting - January 3, 2013 - Trophy Club Vision Committee Meeting Town Council Page 71 of 73 Meeting Date: January 7, 2013 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12012-663-T Name: Status:Type:Agenda Item Regular Session File created:In control:1/2/2013 Town Council On agenda:Final action:1/7/2013 Title:Items for Future Agendas. Attachments:Future Agenda Items List.pdf Action ByDate Action ResultVer. TITLE Items for Future Agendas. Town Council Page 72 of 73 Meeting Date: January 7, 2013 Town of Trophy Club Town Council Future Agenda Items List 1. Consider and take appropriate action regarding procurement policies and their alignment with State statutes. (Rose, 2/1/10) 2. Consider and take appropriate action regarding noise regulations for Oil and Gas Well Drilling and Production (Rose, 4/26/10) 3. Staff proposal regarding the amenity lakes, including associated costs to accept the amenity lakes from the developer. (Stotts, 10/4/10) 4. Consider and take appropriate action regarding the creation of a “Going Green” initiative throughout the Town. (White, 2/24/2011) 5. Consider and take appropriate action regarding updates to the Sign Ordinance (retail windows and political signs) (White and Cantrell, 5/2/2011) 6. Consider and take appropriate action regarding ball park signage. (Cantrell, 6/6/2011) 7. Consider and take appropriate action regarding a Golf Cart Community. (Tiffany, 6/6/2011) 8. Consider and take appropriate action regarding splash pad options at Harmony Park, including input/direction from Council to Staff to start construction and have available next summer. (Strother, 8/1/2011) 9. Consider and take appropriate action regarding the possibility of erecting a marquee at the North entrance of the Town and asking the MUD and/or developers to help with the funding. (Cantrell, 11/14/2011) 10. Consider and take appropriate action regarding Food Prep Carts for sporting events and special events and to review/update Park Policies (Cantrell, 5/7/2012) 11. Review of #10 of Chapter 8 “Nuisances”, Article I “Noise Nuisances”, Section 1.01 “Nuisances Defined” (Schroeder, 6/21/2012) 12. Consider and take appropriate action regarding the creation of a Youth Council within Trophy Club (White and Schroeder, 8/20/2012) 13. Consider and take appropriate action regarding input from Staff regarding the creation of a ‘PID Board’ (Mayer, 9/24/2012) 14. Consider and take appropriate action regarding residential speed limits (Rose, 12/10/2012) Town Council Page 73 of 73 Meeting Date: January 7, 2013