Agenda Packet TC 04/03/2006
1
Town of Trophy Club
Town Council Regular Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Monday, April 3, 2006
7:00 P.M.
A.1 Call to order and announce a quorum.
A.2 Invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
B.1 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.
B.2 Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this item and
discussion will be limited. If extensive discussion is required, the item may be placed on
a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
B.3 Discuss and take appropriate action regarding a Proclamation for Arbor Day 2006.
B.4 Mayor Pro Tem Cates to provide an update on the Americans Supporting Americans
program.
2
D.1 Discuss and take appropriate action regarding an interlocal agreement between the Town
and the Master District for payment of the costs of construction of the annex to the Svore
building.
D.2 Discuss and take appropriate action regarding an interlocal agreement between the Town
and the Master District for payment of the costs of construction of the maintenance
building shared by the Water Department and the Parks and Recreation Department.
D.3 Discuss and take appropriate action regarding the Unitization Agreement with Encana for
the Town's mineral interest under Harmony Park
D.4 Discussion and take appropriate action regarding the Purchasing Policies.
D.5 Discuss and take appropriate action regarding the approval of an expenditure of EDC 4A
funds for pool equipment.
D.6 Discuss and take appropriate action regarding potential revisions to the Overnight
Parking Ordinance, Chapter VI, Section E, of Ordinance 2004-09
D.7 Discuss and take appropriate action regarding the Minutes from March 28, 2006.
D.8 Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for resident input on
potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall
Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discuss and take appropriate action regarding amendments to the restrictions on the
outdoor storage ordinance. (April 20th, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and
consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development Agreement for
Eagles Ridge Phase II.
Public Hearing on Horton Zoning request.
Discuss and take appropriate action regarding joint participation with area cities in an
engineering study to evaluate the feasibility of contracting with an additional wholesale
water supplier.
D.9 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March
18, 2006.
3
D.10 Consent Agenda: Discuss and take appropriate action to approve Minutes dated, March
20, 2006.
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties,
discipline or dismissal of a public officer or employee pursuant to Section 551.074 (a) (1)
of the Texas Open Meetings Act:
1. Appointment of a Town Manager
E.2 Discuss and take appropriate action relative to the appointment of a Town Manager and
terms of engagement.
F.1 Adjourn.
4
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.A.1
Call to order and announce a quorum.
5
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.A.2
Invocation.
6
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.A.3
Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
7
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.B.1
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.
8
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.B.2
Town Manager Report and Discussion Regarding Project Updates as Listed Below:
There will be no action taken regarding any individual project posted under this
item and discussion will be limited. If extensive discussion is required, the item may
be placed on a future agenda.
Administration:
· Update
Community Development:
· Update
Finance:
· Update
Information System:
· Software and Systems Update
Parks and Recreation
· Facilities and Programs
Planning & Zoning
· Zoning Submissions
Police and Fire Services
· Police Services Bureau
· Fire Services Bureau
Attachments: 1. None
9
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.B.3
Discuss and take appropriate action regarding a Proclamation for Arbor Day 2006.
EXPLANATION:
This is an annual event. Adam Adams will provide details on this year’s celebration.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1.Proclamation
10
TOWN OF TROPHY CLUB
PROCLAMATION NO. 2006-
ARBOR DAY
A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB,
TEXAS, TO RECOGNIZE APRIL 8TH, 2006 AS ARBOR DAY; RECONIZING THAT 2006 IS
THE 134TH ANNIVERSARY OF THE HOLIDAY OF ARBOR DAY; AND PROVIDING AN
EFFECTIVE DATE.
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a
special day be set aside for the planting of trees, and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a
million trees in Nebraska, and
Whereas, 2006 is the 134th anniversary of the holiday and Arbor Day is now observed
throughout the nation and the world, and
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating
and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide
habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal.
NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
Section 1. In the Town of Trophy Club, and the Mayor and Council urge all citizens to celebrate Arbor
Day and to support efforts to protect our trees and woodlands, and
Section 2. The Mayor and Council urge all citizens to plant trees to gladden the heart and
promote the well-being of this and future generations.
That this Proclamation shall become effective from and after its date of passage in accordance
with law.
__________________________________________
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
ATTEST: [SEAL]
11
__________________________________________
Town Secretary
Town of Trophy Club, Texas
12
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.B.4
Mayor Pro Tem Cates to provide an update on the Americans Supporting
Americans program.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(pc)
Attachments: 1. None
13
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.1
Discuss and take appropriate action regarding an interlocal agreement between the
Town and the Master District for payment of the costs of construction of the annex
to the Svore building.
EXPLANATION:
This action will formalize the agreement whereby the Master District will pay an amount
equivalent to their current annual rent payment on the modular buildings to the Town until the
note taken out by the Town to build the building has been retired.
RECOMMENDATION:
Recommend passage by the Council
ACTION BY COUNCIL:
(PAA)
Attachments: 1. Interlocal Cooperation Agreement
14
INTERLOCAL COOPERATION AGREEMENT
PAYMENT CONTRIBUTION AGREEMENT
MUNICIPAL BUILDING ANNEX
THIS AGREEMENT is made and entered into this ____ day of _________, 2006,
by and between the Town of Trophy Club, Texas, a home rule municipal corporation
(hereinafter referred to as “Town”) and Trophy Club Master District, a joint venture of
Trophy Club Municipal Utility Districts No. 1 and No.2 (hereinafter, the “Master District”).
W I T N E S S E T H :
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act;
WHEREAS, formerly certain Town and Master District functions and facilities
were housed in temporary buildings that were rented from a third party, the rental fee for
which was shared equally between the Town and the Master District with the Master
District contributing the sum of $13,182.12 per annum, payable in monthly installments
of $1,098.51; and,
WHEREAS, both the Town and the Master District are governmental entities
entrusted with the expenditure of public funds and both are interested in efficiently and
effectively managing public assets; and
WHEREAS, the Town has erected a 4,630 square foot building as an annex to
the existing Svore building (hereinafter “Improvements”) on property located at 100
Municipal Drive and belonging to Trophy Club Municipal District No. 1, (“MUD 1”) a
District created pursuant to Section 59, Article XVI, Texas Constitution and the Texas
Water Code, Chapter 54 (hereinafter “Property”) in an effort to reduce the long term
costs associated with the continued payment of rental fees on the temporary structures;
and
WHEREAS, it is the intent of both the Town and Master District to house their
respective governmental functions in the Annex; and
WHEREAS, to finance the construction of the Annex, the Town has borrowed
from First Financial Bank the sum of Six Hundred Fifty Thousand Dollars ($650,000.00)
represented by a Certificate of Obligation dated September 1, 2004, yielding an interest
rate of .04134, and having a final payment date of September 1, 2024.
NOW, THEREFORE, Town and Master District for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
15
I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall become effective upon approval by each of the
respective governing bodies of Town and Master District and upon execution by
their respective authorized representatives, provided that the identical version of
this Agreement between the Town and Master District is approved by each of the
respective governing bodies of those entities and executed by their respective
authorized representatives. This Agreement shall remain in effect for a term of
one hundred and ninety five (195) days, and thereafter, shall automatically renew
annually on October 1 of each successive year for a total of eighteen (18)
additional terms of one (1) year each, unless terminated by either party as
provided herein.
II.
Obligations and Rights of the Parties
2.01 Town Obligations and Rights:
A. In order to finance the construction of the Annex, the Town has borrowed
from First Financial Bank the sum of Six Hundred Fifty Thousand Dollars
($650,000.00) represented by a Certificate of Obligation dated September
1, 2004, yielding an interest rate of .04134, and having a final payment
date of September 1, 2024 (hereinafter “Financial Obligation”).
B. The Town will have unlimited use of the Annex to house its equipment and
operations but shall not have any ownership interest in the Property.
C. The Town has constructed Improvements on the Property at a total cost of
$650,000.00. The Town shall retain ownership of the Improvements as
specified herein.
D. The Town shall pay fifty percent (50%) of the annual cost of maintenance,
repair and operation of the Property and Improvements for the entire term
of this Agreement.
E. The Town shall pay the portion of the Financial Obligation over and above
the amount paid by the Master District, as further specified in this
Agreement, until the Financial Obligation is paid in full.
2.02 Master District Obligations and Rights:
16
A. Payments by the Master District shall begin accruing on March 15, 2006.
Master District shall pay the amount of $7,140.32 for the period beginning
March 15, 2006 and ending September 30, 2006. Such payment shall be
made in equal monthly installments. Thereafter and until the above-
referenced Financial Obligation has been paid in full, the Master District
shall for the term of this Agreement, annually pay to the Town the sum of
$13,182.12 with such sum being paid in monthly installments of
$1,098.51. The Town shall apply such payment to the Financial
Obligation.
B. The Master District shall have unlimited use of the Improvements to house
its equipment and operations but shall not have any ownership interest in
the Improvements.
C. MUD 1 shall retain ownership of the Property as specified herein.
D. The Master District shall pay fifty percent (50%) of the annual cost of
maintenance, repair and operation of the Property and Improvements for
the entire term of this Agreement.
III.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the cross promises set forth above and other good and valuable consideration as specified herein.
Master District’s agreement to pay Town as specified in Paragraph 2.02 above is provided in
exchange for Town’s agreement to comply with the terms specified in Paragraph 2.01 above.
All payments made hereunder shall be made from current revenues legally available to the
paying party. Each party further agrees that it is fairly compensated for the services or functions
performed by it under the terms of this Agreement.
IV.
Assets
4.01 Ownership. The Property currently owned by Master District shall remain under the
exclusive ownership of Master District and no term or provision of this Agreement shall
affect Master District’s right, title or interest to such Property. Additionally, all property
and assets purchased with Master District funds shall remain the property of Master
District. The Improvements currently owned by Town shall remain under the exclusive
ownership of Town and no term or provision of this Agreement shall affect Town’s right,
title or interest to such Improvements. Additionally, in the event that Town funds
additional improvements to Master District Property, all right, title and interest to such
additional improvements shall be fully vested in the Town. This Agreement shall not be
construed as creating any right, title or interest to Property or Improvements owned by
either party hereto where such asset was purchased with funds solely provided by such
party. In the event of joint purchases of assets, each party shall own a percentage of such
17
assets based upon the ratio of the amount of money contributed toward the purchase
relative to the total cost of the item.
4.02 Ownership Upon Termination / Acceleration. Upon termination of this Agreement,
each party shall retain ownership of assets purchased with its respective funds and of its
respective interest in the Property and Improvements as specified in this Agreement.
Upon such termination, one party may, upon the written consent of the other party,
purchase such other party’s interest in the Property or Improvements. As consideration
for the joint use of the Property and Improvements, the parties hereto have entered into
this Agreement in reliance upon the continued performance by the other party of its
obligations hereunder; therefore, if either party terminates this Agreement prior to the full
payment of the Financial Obligation, such terminating party shall pay its pro rata share of
the Financial Obligation in a lump sum amount to the other party.
V.
Insurance
Town shall obtain and maintain insurance sufficient to cover the loss of the
Improvements due to fire, wind, storms and all other casualty losses. The Master District shall
pay fifty percent (50%) of the cost of such insurance and the Town shall pay fifty percent (50%)
of the cost of such insurance.
VI.
Immunity
The fact that Town and Master District accept certain responsibilities relating to the
Property and Improvements which are the subject of this Agreement as part of their
responsibility for providing governmental services for the public health and welfare makes it
imperative that the performance of their respective obligations be recognized as a governmental
function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the
extent possible under the law. Neither Town nor Master District waives any immunity or
defense that would otherwise be available to it against claims arising from the exercise of
governmental powers and functions.
VII.
Default / Termination
7.01 In the event that either party hereto breaches any term or condition of this Agreement,
this Agreement may be terminated by the aggrieved party if such default is not cured
within a period of ten (10) days after receipt of written notice of default by the party
allegedly in breach of its obligations hereunder. At the option of the aggrieved party, if
such default is not cured within the ten (10) day period, this Agreement shall immediately
terminate without further notice and the breaching party shall be liable for payment of all
costs as specified in Paragraph IV and the costs of collection, including attorneys fees.
18
7.02 Notwithstanding the foregoing, this Agreement may be terminated at any time without
cause by either party giving sixty (60) days advance written notice to the other party.
The terminating party shall be liable for payment of all costs as specified in Paragraph IV
and the costs of collection, including attorneys’ fees.
VIII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
Master District and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both
parties.
IX.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
X.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XI.
Non-Waiver
All rights, remedies and privileges permitted or available to either party under this Agreement or
at law or equity shall be cumulative and not alternative, and election of any such right, remedy or
privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect
to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance
by the either party in the enforcement of any such right, remedy or privilege against the other party shall
not constitute a waiver of such right, remedy or privilege by the forbearing party. A default by either party
under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by such defaulting party.
XII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf of the
19
parties hereto and each party hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
EXECUTED in duplicate originals this the _____ day of ________________, 2006.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MASTER DISTRICT
By____________________________ By_________________________
Nick Sanders, Mayor Kevin Carr, President
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Master District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Master District Attorney
20
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
________________, 2006 by Nick Sanders, Mayor, Town of Trophy Club, Texas, on
behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2006 by Kevin Carr, President of the TROPHY CLUB
MASTER DISTRICT, on behalf of such district.
________________________________
Notary Public in and for the
State of Texas
21
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.2
Discuss and take appropriate action regarding an interlocal agreement between the
Town and the Master District for payment of the costs of construction of the
maintenance building shared by the Water Department and the Parks and
Recreation Department.
EXPLANATION:
This action will formalize the agreement with the Master District whereby the Town will repay
the Master District for 50% of the funds expended by them to construct the maintenance/storage
facility at the waste water treatment plant.
RECOMMENDATION:
Staff recommends adoption of this agreement.
ACTION BY COUNCIL:
(PAA)
Attachments: 1. Interlocation Cooperation Agreement
22
INTERLOCAL COOPERATION AGREEMENT
PAYMENT CONTRIBUTION AGREEMENT
JOINT STORAGE AND MAINTENANCE BUILDING
THIS AGREEMENT is made and entered into this __________ day of
___________, 2006, by and between the Town of Trophy Club, a home rule
municipal corporation (hereinafter referred to as “Town”) and Trophy Club Master
District, a joint venture of Trophy Club Municipal Utility Districts No. 1 and No. 2
(hereinafter, the “Master District”).
W I T N E S S E T H :
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act;
WHEREAS, both the Town and the Master District are governmental entities
entrusted with the expenditure of public funds and both are interested in efficiently and
effectively managing public assets; and
WHEREAS, Pursuant to the terms of a contract with Satterwhite Construction,
LLC and an amendment thereto, the Master District has erected a storage and
maintenance building adjacent to the existing Wastewater Treatment Plant at a total
cost of $158,200 (hereinafter “Building”); and
WHEREAS, the Building is being constructed on property located at 100
Municipal Drive and belonging to the Master District, a District created pursuant to
Section 59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54
(hereinafter “Property”); and
WHEREAS, it is the intent of both the Town and Master District to house their
respective equipment utilized in the performance of governmental functions in the
Building; and
WHEREAS, in order to finance the construction of the Building, the Master
District proposes to pay in advance the entire cost of the Building; and
WHEREAS, the Town and the Master District have agreed to share equally the
cost of the Building; and,
WHEREAS, the parties recognize the efficiencies and cost savings realized by
each of them respectively through this collaborative effort; and
23
NOW THEREFORE, Town and Master District for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
I.
Incorporation / Term
1.03 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall become effective upon the occurrence of both of
the following events: (1) approval by each of the respective governing bodies of
Town and Master District and upon execution by their respective authorized
representatives, provided that the identical version of this Agreement between
the Town and Master District is approved by each of the respective governing
bodies of those entities and executed by their respective authorized
representatives and (2) upon completion of the Building and payment by the
Master District of the entire cost of construction as specified herein. This
Agreement shall remain in effect for a term of one (1) year, and such one (1) year
initial term shall automatically renew annually for a total of thirteen (13) terms of
one (1) year each, unless terminated by either party as provided herein.
II.
Obligations and Rights of the Parties
2.01 Master District Obligations and Rights:
A. In order to finance the Building, the Master District shall pay in advance the
entire cost of the Building at an amount not to exceed $158, 200.00.
B. The Master District shall have unlimited use of the Building to house its
equipment and shall own one hundred percent (100%) of the Property.
C. The Master District shall own a fifty percent (50%) interest in the Building.
D. The Master District shall pay fifty percent (50%) of the annual cost of
maintenance, repair and operation of the Building for the entire term of this
Agreement and all renewals thereof.
2.02 Town Obligations and Rights:
A. The Town shall pay to the Master District the sum of $79,100 on the following
terms: On the date of the completion of the building, $7,000 cash, and the
execution by the Town in favor of the Master District of a promissory note in the
principal sum of $72,100, bearing that date, payable over a 13-year period in
equal annual installments of principal, plus interest, calculated and adjusted
annually, based first on the rate of interest which Texpool is paying upon its
24
deposits on the date of the said note and subsequently on the rate being paid by
Texpool on the anniversaries thereof.
B. The Town shall have unlimited use of the Building to house its equipment.
C. The Town shall own a fifty percent (50%) interest in the Building.
D. The Town shall pay fifty percent (50%) of the annual cost of maintenance,
repair and operation of the Building for the entire term of this Agreement
and all renewals thereof.
III.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the cross promises set forth above and other good and valuable consideration as specified herein.
Town’s agreement to pay Master District as specified in Paragraph 2.02 above is provided in
exchange for Master District’s agreement to comply with the terms specified in Paragraph 2.01
above. All payments made hereunder shall be made from current revenues legally available to
the paying party. Each party further agrees that it is fairly compensated for the services or
functions performed by it under the terms of this Agreement.
IV.
Assets
4.02 Ownership. The Property currently owned by Master District shall
remain under the exclusive ownership of Master District and no term or provision of this
Agreement shall affect Master District’s right, title or interest to such Property. Each
party shall own its undivided one-half interest in the Building. Additionally, in the event
that either party funds additional improvements to the Building, all right, title and interest
to such additional improvements shall be fully vested in the party providing such funds.
This Agreement shall not be construed as creating any right, title or interest to any asset
owned individually by either party hereto where such asset was purchased with funds
solely provided by such party. This Agreement shall not be deemed to convey to either
party any interest in any equipment or other contents of the Building owned by the other
party hereto. In the event of joint purchases of assets, each party shall own a percentage
of such assets based upon the ratio of the amount of money contributed toward the
purchase relative to the total cost of the item.
4.02 Ownership Upon Termination / Acceleration. Upon termination of this Agreement,
each party shall retain ownership of assets purchased with its respective funds and of its
respective interest in the Property and Building as specified in this Agreement. Upon
such termination, one party may, upon the written consent of the other party, purchase
such other party’s interest in the Property or Building. As consideration for the joint use
of the Property and Building, the parties hereto have entered into this Agreement in
reliance upon the continued performance by the other party of its obligations hereunder;
25
therefore, if the Town terminates this Agreement prior to the full payment of its
obligation as specified herein, the Town shall pay its pro rata share of the amount due
hereunder in a lump sum amount to the other party.
V.
Insurance
Town shall obtain and maintain insurance sufficient to cover the loss of the Building and
its contents due to fire, wind, storms and all other casualty losses. The Master District shall pay
fifty percent (50%) of the cost of such insurance and the Town shall pay fifty percent (50%) of
the cost of such insurance.
VI.
Immunity
The fact that Town and Master District accept certain responsibilities relating to the
Building which is the subject of this Agreement as part of their responsibility for providing
governmental services for the public health and welfare makes it imperative that the performance
of their respective obligations be recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the extent possible under the law.
Neither Town nor Master District waives any immunity or defense that would otherwise be
available to it against claims arising from the exercise of governmental powers and functions.
VII.
Default / Termination
7.01 In the event that either party hereto breaches any term or condition of this Agreement,
this Agreement may be terminated by the aggrieved party if such default is not cured
within a period of ten (10) days after receipt of written notice of default by the party
allegedly in breach of its obligations hereunder. At the option of the aggrieved party, if
such default is not cured within the ten (10) day period, this Agreement shall immediately
terminate without further notice and the breaching party shall be liable for payment of all
costs as specified in Paragraph IV and the costs of collection, including attorneys fees.
7.02 Notwithstanding the foregoing, this Agreement may be terminated at any time without
cause by either party giving sixty (60) days advance written notice to the other party.
The terminating party shall be liable for payment of all costs as specified in Paragraph IV
and the costs of collection, including attorneys’ fees.
VIII.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
Master District and supersedes all prior negotiations, representations and/or agreements, either
26
written or oral. This Agreement may be amended only by written instrument signed by both
parties.
IX.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
X.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XI.
Non-Waiver
All rights, remedies and privileges permitted or available to either party under this Agreement or
at law or equity shall be cumulative and not alternative, and election of any such right, remedy or
privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect
to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance
by the either party in the enforcement of any such right, remedy or privilege against the other party shall
not constitute a waiver of such right, remedy or privilege by the forbearing party. A default by either party
under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this
Agreement by such defaulting party.
XII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf of the
parties hereto and each party hereby certifies to the other that any necessary resolutions
extending such authority have been duly passed and are now in full force and effect.
EXECUTED in duplicate originals this the _____ day of ________________, 2006.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MASTER DISTRICT
By____________________________ By_________________________
Nick Sanders, Mayor Kevin Carr, President
27
ATTEST: ATTEST:
______________________________ ___________________________
Town Secretary Master District Secretary
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ ___________________________
Town Attorney Master District Attorney
28
ACKNOWLEDGMENTS
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
________________, 2006 by Nick Sanders, Mayor, Town of Trophy Club, Texas, on
behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2006 by Kevin Carr, President of the TROPHY CLUB
MASTER DISTRICT, on behalf of such district.
________________________________
Notary Public in and for the
State of Texas
29
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.3
Discuss and take appropriate action regarding the Unitization Agreement with
Encana for the Town's mineral interest under Harmony Park
EXPLANATION:
A memo will be sent separately.
Representatives from Encana will be present to answer any questions.
RECOMMENDATION:
Staff recommends passage of this agreement
ACTION BY COUNCIL:
(paa)
Attachments: 1. Letter to EnCana (January 16, 2006)
2. Letter from EnCana (January 31, 2006)
3. Agreement
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.4
Discussion and take appropriate action regarding the Purchasing Policies.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
()
Attachments: 1. May 26, 2005 Memo with suggested revisions by Mayor Pro Tem Cates
2. July 26, 2005 Memo responding to revision by Roger Unger
2. Redlined version of Purchasing Policies
51
52
53
54
55
56
TOWN OF TROPHY CLUB
PROCUREMENT POLICIES AND PROCEDURES
TABLE OF CONTENTS
POLICIES 1
PURPOSE 1
POLICY 1
FREE AND OPEN COMPETITION 2
COMPLIANCE 2
CODE OF ETHICS 2
CONFLICT OF INTEREST 3
CONTRACTS 3
DECLARATION OF CONFLICT OF INTEREST 3
VIOLATIONS AND REMEDIES 4
SUBSTANTIAL INTEREST 4
LEGAL CONSIDERATIONS 4
PROCUREMENTS EXEMPT FROM STATE LAW COMPETITIVE BID REQUIREMENTS .............................................. 4
CONFLICT OF INTEREST 6
PUBLIC ACCESS TO PROCUREMENT INFORMATION 6
CONFIDENTIALITY OF BIDDERS QUOTATIONS 6
METHODS OF PROCUREMENT 6
GENERAL 6
PETTY CASH PURCHASES – COST UP TO $100 7
CREDIT CARD PURCHASES – PERSONAL TRAVEL EXPENSES.............................................................................. 7
PROCUREMENT CARD PURCHASES 8
PURCHASES OVER $3,000 BUT LESS THAN $25,000 9
COMPETITIVE SEALED BIDS – COST OVER $25,000 9
PROFESSIONAL CONSULTING SERVICES CONTRACTS – RFQ/RFP ....................................................................... 10
ANNUAL CONTRACTS 11
SOLE SOURCE PURCHASES 11
STATE CONTRACTING PURCHASING 11
ALTERNATIVE PROJECT DELIVERY METHODS FOR CERTAIN PROJECTS ............................................................. 11
THE REQUISITION PROCESS 12
PROCEDURE FOR NON-EMERGENCY PURCHASES 12
PROCEDURE FOR EMERGENCY PURCHASES 13
PURCHASING PROCESSES 13
POLICY 13
REQUESTS FOR BIDS (RFB) OR REQUESTS FOR PROPOSALS (RFP).................................................................... 14
ii
BID PACKET 14
COMPETITIVE PROPOSALS 16
CANCELLATION OF A RFB/RFB 16
MODIFICATION OF A RFB/RFP 16
RECEIVING THE BID OR PROPOSAL – PROCEDURAL REQUIREMENTS ................................................................. 16
DISQUALIFIED BIDS 17
CORRECTION OR WITHDRAWAL OF A BID 18
EVALUATING COMPETITIVE BIDS 18
GENERAL 18
TABULATING THE RESULTS 18
BASIS FOR PURCHASE DECISION 18
AWARDING THE BID 19
POLICY 19
DISQUALIFICATION OF A BIDDER 19
PROTESTING A BID 19
PROCUREMENT SPECIFICATIONS 20
MODIFICATION AND TERMINATION OF CONTRACTS................................................................... 20
POLICY 20
REQUIREMENT TO RE-BID 21
DELIVERY OF GOODS 21
DISPOSAL OF SURPLUS PROPERTY 21
2
SECTION 1.0: POLICIES
1.01 Purpose
The purpose of the Town’s Procurement Policy is to provide the parameters for the expenditure
of funds in the procurement of goods and services for the Town of Trophy Club. The policies
and procedures outlined herein are intended to comply with the Town of Trophy Club’s Mission
and legally mandated federal and state statutes.
1.02 Policy
Regardless of the value of the expenditure it is the policy of the Town of Trophy Club to
promote competition that produces the highest quality goods and services at the lowest possible
price whether or not the item is subject to bid. The Town Manager in coordination with the
Town Council is charged with establishing the policies for the procurement of all goods and
services.
The Finance Department:
• Develops purchasing objectives, programs, and procedures for the acquisition of
materials, equipment, supplies, and services;
• Helps department managers provide open and fair competition to vendors; and
• Helps departments prepare and obtain approval of purchase orders, price
agreements, and contracts;
The City Secretary’s Office/Department Managers or designee:
• Receives, and monitors formal bids for purchases.
The Department Managers:
• Develops and maintains technical and non-technical commodity specifications;
• Ensures funding is available for procurement in department budgets.
• Provides open and fair competition to vendors;
• Prepares requisitions;
• Obtains approval of purchase orders, price agreements, and contracts;
• Prepares requests for proposals (RFPs) , requests for qualifications (RFQs) and
requests for bids (RFBs); and
• Monitors and evaluates the performance of vendors including but not limited to,
compliance with contract specifications.
1.03 Free and Open Competition
3
All procurement transactions, regardless of dollar value, whether advertised or negotiated, shall
be conducted in a manner so as to provide maximum free and open competition. The Town
Manager or Town Council should be alert to organizational conflicts of interest or
noncompetitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. In order to ensure objective contractor performance and eliminate
unfair competitive advantage, contractors who develop or draft specifications and other
requirements for solicitation instruments (Requests for Bids or Proposals) should be excluded
from competing for such procurement.
1.04 Compliance
In order to have an efficient purchasing function, all departments must work in close
cooperation with the Finance Department. Departments can ensure compliance with the Town’s
policies and procedures by:
• Informing departmental personnel of the purchasing requirements and ensuring
adherence;
• Planning purchases in advance in order to allow sufficient time to advertise, when
necessary, obtain proposals, quotations, or bids, determine best source, and issue
purchase orders with reasonable lead-time for delivery and thus prevent emergencies;
• Providing accurate and concise specifications for items requested and timely
preparing requisitions;
• Inspecting or supervising the inspection of commodities, services and equipment
delivered; and determining acceptability of their quality, quantity, and conformity
with specifications; and
• Providing complete written documentation of a vendor's performance to be used in
future bid award evaluations.
SECTION 2.0: CODE OF ETHICS
Officers and employees of The Town of Trophy Club are public servants, who will carry
out their activities in a fair and legal manner avoiding actual or perceived conflicts of interest.
All officers and staff members are expected to conduct the activities of the Town in full
compliance with the law and in an honest, fair, and courteous manner. Officers and staff
members must neither ask nor expect contractors, vendors or others with whom the Town does
business to favor the Town, the officer or the individual staff member with special treatment.
Officers and staff members should not permit personal preferences and dislikes to affect
decisions related to their duties. To do so acts against the Town’s policy which is to treat all
individuals, members, potential members, contractors, and others fairly and equitably.
Conversely, officers and staff members are expected to use their best professional judgment and
expertise when evaluating potential vendors and contracts for purchasing goods and services.
4
This section does not preclude officers and staff from basing considering past purchasing
experience with a specific vendor when making a future purchasing decision or recommendation
to Town Council.current purchasing decisions on past experience with specific vendors. Third
party references and vendor experience may be considered by the Town when evaluating and
awarding contracts for purchases.
SECTION 3.0: CONFLICT OF INTEREST
3.01 Contracts
Specifically, with reference to contracts, no employee or officer of the Town who
exercises any functions or responsibilities in the review or approval of an undertaking or the
carrying out of one of Town’s contracts shall participate in any decision relating to that contract
if the decision affects his or her personal financial interest, such officer or employee has a
substantial interest as defined by state law, or participation by such officer or employee is
otherwise prohibited by state law or Town policy.
If a former staff member or Town officer has worked less than one year for a business
seeking to contract with the Town, the business entity must make this known and must describe
the relationship between the former employee/officer and the firm. In no instance may this
former employee/officer have hours billed on any project or program. To do so is reason for not
awarding a contract.
3.02 Declaration of Conflict of Interest
In the event of a conflict of interest as defined by state law, the affected officer or
employee must file a signed affidavit declaring his or her conflict of interest. The affidavit must
be filed with the Town Secretary. Such official, officer or employee must abstain from
discussion of or voting on a bid, proposal or contract submitted by a business entity in which
he/she has a substantial interest. More specifically, in addition to the requirement to complete an
affidavit, when an item is placed before a Board, Commission, Committee, or Town Council for
review, any and all members of those bodies who has a conflict of interest shall announce that
he/she has such conflict and shall leave the room until the body has discussed and taken action
on the item for which the member has a conflict.
Moreover, it is the policy of the Town that an employee who has a substantial interest in
a business entity as defined by state law, shall follow the procedure outlined in this section by
completing an affidavit and leaving the room where a discussion and/or vote is taking place
regarding the business entity in which the employee has an interest. Further it is the obligation
of officials, officers and employees to avoid apparent conflicts of interest by abstaining and
following the procedures specified in this section.
Officials, officers and employees shall abstain from participating in the procurement
process, which includes but is not limited to discussions, lobbying, rating, scoring,
recommending, providing current copies of contracts outside of Public Information Act process,
explaining or assisting in the design or approval of the procurement process on contract with the
organization he or she represents or from which he or she receives a direct financial benefit; or
on contracts with organizations in which a family member will realize a direct benefit.
5
3.03 Violations and Remedies
Violations of the provisions of this Article constitute misconduct, subjecting the violator
to any and all penalties prescribed by law. Penalties, sanctions or other disciplinary actions, to
the extent permitted by state or local law, rules or regulations, shall be imposed for violations of
the code of conduct/conflict of interest standards, by the Town’s officers, employees or agents or
by persons, contractors or their agents, when the procurement involves state or federal programs
and/or funds.
Appropriate sanctions, penalties or disciplinary actions shall be applied for violation(s) of
these policies and/or state law. Violations of state or federal law shall be referred to the proper
authority having jurisdiction over it.
3.04.1 Substantial Interest. A person has a substantial interest in a business entity if: (1) the
person owns 10 percent or more of the voting stock or shares of the business entity or
owns either 10 percent or more or $15,000 or more of the fair market value of the
business entity; or (2) funds received by the person from the business entity exceed 10
percent of the person’s gross income for the previous year. Additionally, a local public
official is considered to have a substantial interest if a person related to the official in the
first degree by blood or marriage, as defined by Chapter 573 of the Texas Government
Code, has a substantial interest as defined herein.
SECTION 4.0: LEGAL CONSIDERATIONS
4.01 Procurements Exempt from State Law Competitive Bid Requirements
Purchases made by the Town shall be in accordance with State law. Except as
specifically exempted by state law or by the terms of this Procurement Polices and Procedures
Manual, including but not limited to Sections Four, Five and Seven, Wwritten, competitive bids
must be taken for all procurements over $25,000. except exempted procurements as mandated
by State law. Procurements exempt from the competitive bid requirement are as follows:
Exempt procurements include:
• Those made in case of public calamity, where it is necessary to act immediately to
appropriate money to relieve the necessity of the Town’s residents or to protect or to
preserve Town property and for which Town Council has approved a Resolution
authorizing the expenditure as an exception to the competitive bid requirement.
Public calamity shall mean a grave event or occurrence that causes great loss or
distress for the residents of the Town, including but not limited to natural disasters,
acts of war, acts of terrorism, and other events as authorized by law or as determined
by the Town Council to constitute a public calamity after consideration of the existing
facts and circumstances;;
Those made necessary by unforeseen damage to Town property, machinery or
equipment for which Town Council has approved a Resolution authorizing the
expenditure as an exception to the competitive bid requirement. Such resolution shall
explain the nature of the damage, the cause of the damage, and the urgent need that
supports the use of an exception to competitive bid. Unforeseen damage shall mean
6
unexpected damage caused by some natural force or act of vandalism or other
criminal or negligent act or omission; ;
• A procurement necessary to preserve or to protect the public health or safety of the
Town’s residents for which Town Council has approved a Resolution authorizing the
expenditure as an exception to the competitive bid requirement;
• Those for personal, professional, or planning services as budgeted are exempt from
competitive bid; however, the procurement of those types of services shall be done in
accordance with state law requirements and the RFQ/RFP process as specified in the
Town’s Procurement Policies and Procedures manual, including but not limited to
Section 5.07 of that manual;
• Those for work performed and paid for by the day as work progresses as budgeted by
the Town Council;
• A purchase of land or right-of-way for which Town Council has approved a
Resolution authorizing the expenditure as an exception to the competitive bid
requirement;
• Items that area available from only one source and for which Town Council has
approved a Resolution authorizing the expenditure as an exception to the competitive
bid requirement;
• A purchase of rare books, appears, and other library materials for a public library and
for which Town Council has approved a Resolution authorizing the expenditure as an
exception to the competitive bid requirement;
• Paving, drainage, street widening, and other public improvements, or related matters,
if at leaste one-third of the cost is to be paid by or through special assessments levied
on property that will benefit from the improvements;
• A public improvement project, already in progress, authorized by the voters of the
municipality, for which there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters and for which Town
Council has approved a Resolution authorizing the expenditure as an exception to the
competitive bid requirement;
• A payment under a contract by which a developer participates in the construction of a
public improvement as provided by Chapter 212 of the Texas Local Government
Code and for which Town Council has approved a Resolution authorizing the
expenditure as an exception to the competitive bid requirement;
• Personal property sold:
7
o At an auction by a state licensed auctioneer provided that such purchase has
been approved as a part of the budget or that the Town Council has approved
a Resolution authorizing the expenditure as an exception to the competitive
bid requirement;
o At a going out of business sale held in compliance with Chapter 17, Texas
Business and Commerce Code provided that such purchase has been approved
as a part of the budget or that the Town Council has approved a Resolution
authorizing the expenditure as an exception to the competitive bid
requirement;
o By a political subdivision of the state of Texas, a state agency of the State of
Texas, or an entity of the federal government pursuant to an interlocal
agreement approved by Town Council; or
o Under an inter-local contract for cooperative purchasing administered by a
regional planning commission established under Chapter 391 of the Texas
Local Government Code provided that such purchase has been approved as a
part of the budget and that Town Council has approved the interlocal contract
for cooperative purchasing;
• Services performed by blind or severely disabled persons;
• Goods purchased by a municipality for subsequent retail by the municipality and for
which Town Council has approved a Resolution authorizing the expenditure as an
exception to the competitive bid requirement; or
• Electricity
• Purchases made pursuant to an approved cooperative purchasing program or those
from an approved state program provided that Town Council has approved
participation in the cooperative purchasing or approved state program.
Contracts are shall be awarded in a manner consistent with the provisions of Town policy
statements and state law.
4.02 Conflict of Interest
An employee of the Town may not solicit bid quotations from relatives of the employee
or relatives of another Town employee on products to be purchased by The Town.
4.03 Public Access to Procurement Information
Procurement information shall be a public record to the extent provided by the Texas
Open Records Act and the Freedom of Information Act and shall be available to the public as
provided therein. If a proposal contains information that the bidder considers proprietary and
does not want disclosed to the public or used for any purpose other than the evaluation of the
offer, all such information must be clearly marked as proprietary and confidential by making
such notation on each page or portion thereof containing propriety and confidential information.
The Town reserves the right to duplicate, use or disclose the information as needed to prepare
contract documents and working documents for the project and is not liable for accidental
disclosure of such information.
8
4.04 Confidentiality of Bidders Quotations
A vendor’s bid/proposal is confidential until opened. Therefore, no bid or proposal shall
be opened before the date and time of the published opening of such bid/proposal. Opening
bids/proposals prior to the publication date and time is a violation of state law and Town policy.
SECTION 5.0: METHODS OF PROCUREMENT
5.01 General
The Town has four methods for procuring goods and services each of which is
determined by the total estimated cost of the purchase. However, regardless of the cost of the
purchase, the objective is to secure the highest quality goods and services at the lowest possible
price. No purchase may be split to circumvent the dollar amount requirements. With the
exception of Petty Cash and procurement card purchases, the procurement process begins with
the preparation and approval of a Purchase Order (see Section 6.0). All purchases except those
made through Petty Cash, Procurement Card, or those listed under the exemptions in Section 6.1
must be made through an approved Purchase Order or Contract. Purchase Orders will not be
issued “after-the-fact”.
5.02 Petty Cash Purchases - Cost up to $100
All Town departments and employees have access to the use of petty cash funds for
individual item purchases with dollar values not in excess of $100. The petty cash fund is to be
used for small purchases that the employee can pick up at a local facility if a purchasing card is
not accepted or if the employee has not been given a purchase card. Town employees are not to
misuse petty cash funds by splitting a purchase into more than one transaction in order not to
exceed the $100 limit. A petty cash slip must be completed and signed by the requesting
employee and authorized by the employee’s manager. Receipts for each transaction must
accompany the petty cash slip. Neither a purchase requisition nor competitive bids are required
when using petty cash.
5.03 Credit Card Purchases – Personal Travel Expenses
• Personal travel expenses (expenses made in support or for the benefit of
anyone other than the employee/official) may not be charged to a
procurement card issued by the Trophy Club Entities. All travel and
related expenses incurred must be documented and submitted to the
Town along with a completed Travel Expense Form that includes all
receipts and supporting documents. A copy of the Travel Expense Form
is attached as Exhibit “A” to this Procurement Policies and Procedures
Manual.
• If the training or seminar was not approved through the budget process,
written permission must be obtained from the Department Manager or
Town Manager prior to travel. There must be money in the budget to
cover the travel unless the Town Manager or designee makes the
exception.
• Transportation – Attach a copy of the airline ticket showing flight times to the
appropriate purchasing card transaction sheet received from the Procurement Card
Administrator. If the mileage to drive your personal car is more than the cost of
9
the airline ticket plus ground transportation (i.e. taxi or shuttle service) plus
airport parking costs, the employee reimburses the difference. Attach a copy of
taxi or shuttle service receipts if applicable to the purchasing card transaction
sheet if they take a purchasing card. If you drive your personal car and claim
mileage, you cannot charge your gasoline on your purchasing card. If you drive a
Town of Trophy Club vehicle or if you receive a car allowance, you can charge
your gasoline for out-of-town trips.
• Lodging – A copy of the invoice showing all expenses should be attached to the
purchasing card transaction sheet received from the Procurement Card
Administrator. In-room movies or pay television, phone calls, golf, sporting
events, dry cleaning or laundry, and valet parking are not reimbursable expenses.
For Texas destinations, you need to present a copy of the Texas Sales and Use
Tax Exemption Certification. State taxes should not be paid but city taxes may or
may not be exempt depending on local resolutions.
• Meals – receipts should be attached to the purchasing card transaction sheet
received from the Procurement Card Administrator. You actually need two
receipts. One would include the breakdown of items bought. The other would be
the receipt that shows the actual amount charged that includes a reasonable tip of
not more than 15%. No alcoholic beverages may be charged. The total for the day
depends on the time you leave and the time you come back. Generally, you must
be traveling by 7:00 a.m. to receive breakfast and stay after 7:00 p.m. to receive
the evening meal. The most per day is $30 if you are traveling or at a conference
the full day. If there is a partial day of travel, you will need to keep the daily total
to $10 per meal. If your conference includes a meal, you should consider the meal
to be $10 of your daily amount.
• Registration – if you do an on-line registration, be sure to screen print details that
show how much the conference costs, dates of the conference, and name of the
conference. If you fax the registration information, keep a copy of the same
details. Attach the copy to the purchasing card transaction sheet.
• Any unauthorized expenses are the responsibility of the cardholder and must be
reimbursed to the Town of Trophy Club.
• The Town Manager or her designee must approve any exceptions to the above.
• The Town Manager may modify the above procedures and polices as determined
necessary.
5.04 Procurement Card Purchases
The intent of the procurement card is to provide a controlled, but less labor-intensive
alternative to the existing procedures for purchasing and paying for items up to the pre-
determined credit limits. The Department Managers shall determine employees within
each Department who are to be issued a procurement card and the transaction value
limit to be assigned to each individual’s card. The Finance Director shall approve all
10
limits. Cards are issued in the name of the designated Town employee and the Trophy
Club Entities. Town of Trophy Club. The card remains the property of the Trophy Club
EntitiesTown of Trophy Club. Each potential cardholder will shall attend a training
session and sign a procurement card policy that documents the cardholder’s
responsibilities prior to being issued a card.
The Procurement Card is to be used to make purchases for operations included in the
Town’s approved budget. Violations of these requirements may result in revocation of
use privileges and/or disciplinary action, up to and including termination of employment.
Employees who have inappropriately used the Procurement Card will be required to
reimburse the Town for all costs associated with the improper use. Department
Managers shall report any violations of this policy or abuse of a procurement card to the
Finance Director. Department Managers who fail to properly report such violation or
abuse shall be subject to disciplinary action, up to and including termination of
employment.
Each employee who has been issued a card will shall ensure that a receipt that indicates
the place, date and nature of the purchase is obtained each time the card is used. The
receipts will be attached to the purchasing procurement card transaction sheet, which
will be signed, dated, and turned in to each applicable Department Manager who will
review each purchase for appropriateness. The Department Manager will shall sign the
purchasing card transaction sheet as an indication that all transactions have been
reviewed and approved and forward to the Procurement Card Administrator within the
specified time limit of no more than three days. . The Procurement Card Administrator
will reconcile the individual Department packets with the monthly statement received
from the issuing Bank. Should any charges not be supported by receipts, the
Procurement Card Administrator will notify the applicable Department Manager who
shall obtain a receipt or other proper documentation evidencing the nature and amount
of the purchase.
In the event that a receipt is lost or an employee fails to obtain a receipt, a lost receipt
form shall be completed and attached to the procurement card transaction sheet. Such
form shall contain an explanation of the reason that the receipt was not obtained or was
lost and any and all steps taken to obtain a duplicate copy of the receipt. The lost
receipt form shall be signed by the Manager or Director of the Employee’s Department.
An employees procurement card privileges may be revoked for failure to provide a
receipt or otherwise comply with the Town Purchasing Policies and Procedures Manual.
Use of a procurement card for a purchase in excess of $2,500 shall require the review
and approval of both the Finance Director and Town Manager. In the event that either
are absent, the Mayor or Mayor Pro Tem must review and approve the transaction in
writing.
If a purchase order is issued, attach the original purchase order with the appropriate
signatures to the purchasing procurement card transaction sheet so that Finance can
close the purchase order for financial reporting.
The Procurement Card Administrator is responsible for compliance with the issuing
bank’s Procurement Card guidelines and notifying the Finance Director of any problems.
Additionally, each Department Manager shall be responsible for taking appropriate remedial
11
action to correct noncompliance with the Town’s policies and procedures governing procurement
cards by his or her respective employees.
5.05 Purchases over $3,000 but less than $25,000.
If the cost of the item(s) exceed $3,000 but is less than $25,000, departments are required
to secure at least three (3) documented quotes on the item(s). In keeping with State Law, at least
two (2) of the quotes must be from Historically Underutilized Business (HUBs) located in
Denton County. If a purchase falls within the foregoing cost parameters and if a firm classified
as a HUB handles that type of product, such HUB must be contacted on a rotating basis, but a
department must attempt to contact at least two HUB's on each order.
Once all bids have been received and evaluated, the Department Manager or his or her
designee will place the purchase to the lowest responsible bidder. In the event that a Department
Manager or his or her designee desires to award a bid to a bidder other than the low bidder, such
employee provide a detailed explanation in writing specifying why the lowest bidder was not
accepted. Such written explanation shall be attached to the bid sheet.
5.06 Competitive Sealed Bids - Cost over $25,000
The Town Council must approve all non-budgeted or unanticipated purchases with values
in excess of $25,000 prior to the purchase. Once a resolution has been passed or approval has
been granted, the purchase must be made through the use of competitive sealed bids (see Section
7.0) or some other purchasing method as authorized by this policy. Invitations for sealed bids
shall include specific instructions to the vendors concerning bid submission requirements
including the time, date and place for receipt of bids by the Town.
Competitive sealed bids are to be advertised in local newspapers of general
circulation under the legal notices section. The bid must be advertised at least 14 days prior to
the date of the bid opening. The advertisement is to give adequate instruction as to the nature of
the bid, date and time of bid opening, and bidders conference, if applicable.
Exceptions to Competitive Sealed Bidding
Competitive sealed bidding is not necessary if one of the exceptions in Section 4.0 of these
policies is applicable.
5.07 Professional Consulting Services Contracts –RFQ/RFP
Process.
a. RFQ/RFP Process. Professional consulting services means those within the scope of
the practices of accounting, architecture, land surveying, professional engineering, and other
areas as defined by the laws of the State of Texas. Such services to the Town are to be provided
pursuant to a third party independent contractor agreement for a specified time period.
Competitive bidding shall not be used to select the professionals/consultants contracted by the
Town. Compensation will be negotiated before the contract is signed and after the consultant has
been selected on the basis of his or her demonstrated competence and qualifications to perform
the services for a fair and reasonable price.
When professional consulting services are needed, the Department requesting the services will
prepare a Request for Qualifications setting forth a description of the scope of services needed,
the minimum desired qualifications, credentials and experience, and the relative importance of
each, and will forward that information to the Town Manager. The RFQ shall be advertised and
12
may also be sent out to qualified vendors whom Town staff recommends. The Town Manager
will assemble a team (Selection Team) of appropriate staff that will evaluate the responses
submitted by those firms whose qualifications meet the requirements set forth in the Request for
Qualifications. Requests for Proposals shall be solicited and processed in accordance with the
requirements set forth in Section 5.07(b) hereof.
b. RFP Process. A Request for Proposal (RFP) will be sent to each consultant identified
by the Selection Team in accordance with the RFQ process set forth in Section 5.07(a) above.
However, if the two-step RFQ/RFP Process is not utilized and the single step RFP process is
utilized, then the RFP must be advertised and must require that proposals contain information
identifying qualifications, credentials, and experience of those vendors submitting a response.
The RFP shall also list the services desired and a deadline for return of the RFP. The request
shall require the responding professionals/consultants to provide a schedule for completion of the
scope of services, where applicable. Copies of the proposal(s) shall be submitted to the Town
Secretary who shall process the responses in accordance with Section 7.0 and who will forward
to the members of the Selection Team. Interviews shall be scheduled with the highest ranked
firms. The Selection Team will ask each finalist to make a presentation of experience and then
may question the firms as to capability and methods of approach for furnishing the required
services. Professional compensation is not considered in these discussions.
The qualified firm(s) shall be ranked from most qualified to least qualified. The
Selection Team shall begin negotiations with the most qualified to develop a contract. The
Town contract shall include all relevant terms and conditions, including but not limited to,
compensation, time required and full scope of work to be performed. If an agreement
satisfactory to both the Town and a firm cannot be reached, negotiations will be terminated with
that firm and the process started over with the second choice candidate and so on. As soon as an
agreement is reached, the Selection Team shall make its recommendation to the Town Council.
c. Frequency. The RFQ/RFP process for professional services may be utilized bi-
annually.
5.08 Annual Contracts
For goods or services that are used repetitively throughout the Town such as office
supplies, paper goods, mailing services, or stationery, the Town may enter into an annual
contract with a supplier. The purpose of entering into an annual contract is to eliminate the need
to obtain competitive pricing each time repetitively used items are requested. The Town will
obtain competitive sealed bids requiring that bid prices remain in effect for a specified period.
The Town will enter into agreement, upon approval of the Town Council (if the contract price
exceeds $25,000), with the approved bidder by signing a contract stating the terms and
conditions. Once the contract period nears the end of the term, the Finance Department will re-
advertise the bid request for the following year giving fair opportunity for vendors to respond.
5.09 Sole Source Purchases
When a department identifies a potential sole source purchase, a detailed justification
explaining why a sole source purchase is necessary must be provided to the Finance Director in
advance for review and concurrence. Upon review and concurrence of the Finance Director, a
Resolution outlining the basis for the sole source purchase shall be submitted for Town Council
13
approval. Except as specifically provided otherwise in these policies, a sole source purchase may
only be made pursuant to an approved Town Council Resolution.
5.10 State Contract Purchasing
The Town has the option of purchasing items on contract through the Houston-Galveston
Area Council Cooperative Purchasing program and the State of Texas central purchasing agency.
Participation in these programs is strictly voluntary and the Town is not obligated to purchase
through either. According to Section 271.081 - 271.083 of the Texas Local Government Code,
The Town is not required to obtain competitive bids for items that are on state or local
government contract. Because the State of Texas central purchasing agency purchases in large
quantities through a state cooperative purchasing program, prices are generally lower than retail.
One must keep in mind when purchasing items under state contract that there are no alterations
or modifications to the specifications that are listed with the cooperative purchasing programs.
5.11 Alternative Project Delivery Methods for Certain Projects. Alternative project
delivery methods, include but are not limited to, construction manager at risk, construction
manager agent and design build contracts. Any of the alternative project delivery methods
specified in Subchapter H of Chapter 271 of the Texas Local Government Code, as amended,
may be utilized provided that the purchase and the procedures utilized in making that purchase
comply with all requirements specified therein.
SECTION 6.0: THE REQUISITION PROCESS
6.01 Procedure for Non-Emergency Purchases
When the need arises for a single purchase of goods or /services with an estimated value
in excess of $10,000, arises, the user Department shall originate an on-line purchase order. The
purchase order must be prepared far enough in advance of the date that the goods or services are
needed to allow all procurement procedures to properly function, including:
• Securing appropriate approval of the purchase
• Advertising for bids, if necessary
• Obtaining bids or price quotations
• Evaluating bids
• Preparing the contract
• Allowing delivery of goods or services in a timely manner
Each Department is responsible for ensuring that duplicate purchases are not made.
Once a purchase order is received, the Department Manager must:
• Check the purchase order for completeness, including quantity and concise
specifications;
14
• If specified as a sole source, ensure the reason for the sole source is documented and
appropriate;
• Verify the budget authority. Check budget line item authority and budget balance for
sufficient unencumbered amount to cover the purchase.
Once the vendor selection process has been completed, the Department Manager will bring the
requisition to Finance who will prepare the purchase order. The Department Manager will then
secure the appropriate approval of the purchase order or contract. The Town is not liable for
making payment to vendors for purchases that have not had prior approval of the
Department Manager and have not been issued a purchase order number. The Department
needs to attach the approved Purchase Order to the invoice received and forward to Finance for
payment.
6.02 Procedure for Emergency Purchases
The designation of emergency purchase indicates a situation of such urgency
that normal purchasing procedures must be modified in the interest of time,
and therefore no competitive bids are required. The Town is allowed to make
emergency or exempted purchases without competitive bidding as defined in
Texas statutes. An approved Town Council Resolution is required for all
emergency purchases; provided however, that if due to exigent circumstances,
the purchase must be made and time does not allow the posting and holding of
a Council meeting, the Mayor, or the Mayor Pro Tem in the absence of the
Mayor, may authorize the expenditure by providing written permission to
make the purchase. In the event that the Mayor or Mayor Pro Tem provides
such written permission, a ratifying Resolution shall be prepared and
submitted to Council at the first available Council meeting after the purchase
is made where the item may be properly posted as required by law. .A
purchase is not considered to be an emergency if the expenditure becomes
necessary due to poor planning.
All emergency purchases are processed as follows:
• The applicable Department Manager will be notified immediately with as much
information as possible about the emergency purchase required.
• The Department Manager contacts as many vendors as necessary to arrange the
emergency purchase. The purchase is completed by telephone by issuing a verbal
purchase order number to the vendor and requesting expedited delivery. The purchase
order is either mailed or faxed to the vendor at a later date.
• Staff making the request may be required to pick-up the emergency purchase from the
vendor, if applicable, if expedited delivery from the vendor is not available.
15
• Council approval or ratification must be obtained for all such emergency purchases
exceeding $25,000.00.
SECTION 7.0: PURCHASING PROCESSES
7.01 Policy
Competitive written or telephone bids are to be sought for all purchases over $3,000 (see
Section 5.05). All practical means to obtain the best price available should also be used when
making emergency purchases.
Competitive sealed bids are required for those bids exceeding $25,000 (see Section 5.06). The
bid consists of the items offered by the vendor in response to the specifications, along with
details governing the offer. The Town bidding procedures contain the following general
requirements:
• A short summary of the Request For Bid (RFB) or Request for Proposal (RFP) shall
be published in local newspapers of general. The advertisement is to be published
under the Legal Notices section of the newspaper. This should be coordinated
through the City Secretary’s Office.
• Bids are received until the date and hour set out in the specifications. The Town
Secretary or her designee will mark bids with the date and time at which they are
received. Once a bid is submitted, the bidder cannot alter or correct a bid. A vendor
who wishes to withdraw a previously submitted bid and/or submit an alternate bid
may only do so prior to the bid opening. Under no circumstances will bids be
accepted after the specified date and time.
• The bids are to be opened at the date and hour specified in the bid and notice
documents, and submitted to the requesting department for review. Generally, the
lowest and best responsible bid is accepted. Occasionally, a bid may be split between
vendors to obtain optimum pricing. If no bid is found to be acceptable, the entire
bidding process must be repeated. Sealed bids are opened publicly in the presence
of at least three (3) Town employees. The Town Secretary or her designee will
coordinate the opening of the bids.
• Bids are to be kept confidential from competitors until after the bid has been opened.
Once the bid is opened, the bid becomes open record in accordance with the Texas
Open Records Act.
• Sealed bids must be submitted to the Town of Trophy Club by mail or hand
delivered to Town offices. Envelopes must be clearly marked that a sealed bid is
enclosed. Faxed or late bids will not be considered for award. They should be
addressed to the Town Secretary.
• The Town of Trophy Club reserves the right to reject any and all bids submitted and
to waive any and all irregularities.
16
It is the consistent policy of the Town to use competitive principles in
awarding all public contracts of any amount with only limited exceptions as allowed by
law. This includes the purchase and lease of goods, the purchase of services, and
construction projects. These competitive principles apply to all departments of the
Town of Trophy Club.
7.02 Requests for Bids (RFB) or Requests for Proposals (RFP)
RFBs and RFPs are used to notify vendors that the Town has specific requirements for
goods and/or services and that vendors are being offered an opportunity to fulfill those
requirements.
The bid system is to be kept simple and practical, and the bids must be advertised as
widely as possible in order for competition to work. Complicated bid invitations or requests for
proposals discourage competition and drive up prices.
7.03 Bid Packet
A bid packet contains documents needed by the vendor to respond to the requirements of
the RFB/RFP. It may include several elements:
Request for Bid (RFB) or Request for Proposal (RFP): This is the cover form for the
bid/proposal package. It provides specific information that the bidder will need to respond. As
applicable, it should include:
• Quantity and brief description of goods or services to be provided
• Request for unit cost, extended cost, and total cost of items bid
• Estimated delivery time if vendor is awarded the bid
• Closing date and time for receiving bids or proposals.
• Place where bids or proposals are to be sent, including the address and office
• Person to contact for additional information
• Instructions to bidders (see example in Appendix F)
• For RFPs only: Factors to be used in the evaluation process, the weights attached to
each factor. Evaluation factors may include price, experience of vendor’s staff,
ability to respond in a timely way, past recommendations, safety record in accordance
with a duly adopted Town vendor safety record policy, and financial soundness, as
well as any others considered necessary. Other evaluation factors will depend on the
individual requirements attached with the procurement.
Standard Terms and Conditions: All conditions of doing business with the Town will remain
constant for all contracts and purchases, unless specifically deleted. They are usually presented
as an attachment to the RFP.
17
Special Provisions: Terms and conditions required for a particular contract or purchase.
Specification: The description of the purchase requirements. In place of enclosing the actual
specification, information about where the specification may be obtained may be substituted.
Pricing: The offer and acceptance page. The vendor quotes prices in accordance with the
specification requirements. Prices are usually provided by unit and include the total cost for the
estimated amount required.
A list of attendees and minutes of the bidders conference by the City Secretary or her
staff must be kept as part of the procurement file.
7.04Competitive Proposals
Competitive proposals can only be used for procurements of high-technology products or
services as allowed by law. The specification shall be written using performance standards rather
than the description of the good or service. The specification must also specify the relative
importance of price and other evaluation factors by identifying the weight to be given to each
factor.
• Vendors submit a proposal for a system to satisfy the requirements set forth in the
proposal. Proposals may incorporate various types of hardware or services to
accomplish the performance objectives set forth in the specifications.
• After proposals are received, the Town may enter into discussions with offerors who
submit proposals and who are determined to be reasonably qualified for the award of
the contract based upon proposal specifications. Offerors shall be treated fairly and
equally with respect to any opportunity for discussion and revision of proposals.
Revisions may be permitted during the discussion process after submissions and
before the award of the contract in order to obtain the best final offers.
• The contract must be awarded to the responsible offeror whose proposal is
determined to be the most advantageous to the Town considering the relative
importance of price and the other evaluation factors included in the request for
proposal.
7.05 Cancellation of a RFB/RFP
RFBs and RFPs may be canceled by the Town at any time before the date set for opening
bids. A cancellation notice should be mailed or faxed to all vendors receiving bid or proposal
invitations.
7.06 Modification of a RFB/RFP
RFBs and RFPs submitted to vendors may also be modified by the Town after being
issued but before the final date for submission. When modifications are required, addenda shall
be mailed and/or faxed to all vendors receiving bid or proposal packets. The modification
notification should state whether the bid opening date is or is not extended. The bid opening date
may be extended if notification of the amendment will not give vendors ample time to respond to
the modified request.
18
7.07 Receiving the Bid or Proposal – Procedural Requirements
Receiving competitive bids and proposals must be done properly in order to ensure that
no possibility of favoritism or even the appearance of favoritism exists.
Notice of the time and place at which the bids/proposals will be publicly opened must be
published at least once a week for two consecutive weeks. The date of the first publication must
be at least fifteen (15) days before the date of public opening.
• Each bid or proposal must be returned to the Town Secretary’s Office as designated
in the invitation. Each proposal is to be in a separate envelope, sealed and with the
bid or proposal identification number marked on the outside of the envelope. If more
than one bid is to be submitted, vendors are required to use separate envelopes for
each bid.
• The bid or proposal envelope must be clearly marked by the offeror with the date
upon which it is submitted to the Town and the Town Secretary or her designee shall
mark the date and time of receipt of by the Town.
• The bid or proposal envelope should then be filed unopened together with the other
bids or proposals for the same bid invitation until the time of the bid opening.
• Bids or proposals must be received by and opened on the date, hour and location as
specified in the invitation/request. Vendors are invited and encouraged to attend the
bid opening. Bid openings are considered open meetings and anyone can attend.
Three (3) Town representatives (i.e. employee, town official, or professional staff)
must be present at all bid openings.
• All bids and proposals must be sealed with the identification number clearly marked
on the outside of the envelope. One bid or proposal may be submitted per envelope.
Opened bids shall be kept on file and available for inspection.
7.08 Disqualified Bids
The following are grounds for disqualifying a submitted bid:
• Incomplete bids/proposals may be considered non-responsive. Such bids/proposals
may be considered for award if the non-responsiveness is due to a non-material
omission. (i.e. the omission does not affect price, quality, quantity, delivery or other
material contractual conditions).
• Unsigned bids/proposals, or bids/proposals with unauthorized signatures.
• Bids or proposals received after the date and time for opening. Late bids/proposals
are not considered for award of the purchase, will not be opened, and will be returned
to the submitting bidder/proposer.
19
• Bids/proposals where prices are conditional on award of another bid, or when prices
are subject to unlimited escalation. If allowed by the specification, prices may be
subject to escalation based on an independent wholesale index.
7.09 Correction or Withdrawal of a Bid
Bids may not be altered or amended after the submission deadline. A non-material
omission or error may be waived if:
• The omission or error relates to a matter of form, not substance; and
• Does not otherwise prejudice the other bidders/offerors.
Any alteration or change made to a bid or offer prior to opening must be initialed by the
authorized signatory of the bidder guaranteeing authenticity. Mathematical errors may not be
corrected. In the event of a conflict between a unit price for an item(s) and the total price for
such item(s), the Town reserves the right to resolve the conflict by accepting the lowest price.
SECTION 8.0: EVALUATING COMPETITIVE BIDS
8.01 General
The Finance Director or his designee will provide tabulations, calculation checks, price
extension and information about compliance with specifications to the RFB/RFP.
8.02 Tabulating the Results
When bids or proposals are opened, the results are tabulated by the Finance Director or
his designee for easy reference. The following information is included in the bid analysis:
• All calculations and sums are double checked for accuracy.
• Unit prices are extended to a total price for the requested quantity.
• The bid or proposal is verified to determine if all requirements listed meet
specifications. All areas where the bid/proposals fail to meet conditions included in
the specifications and whether any failures disqualify the bid/proposal are listed. Any
modifications to the specifications submitted by the vendor are so noted.
• All required samples to be included, if applicable, are verified by the Department.
• Samples of the desired product, if required, are tested and results of the test noted by
the Department.
8.03 Basis for Purchase Decision
The evaluation and recommendation includes whether or not the vendor has submitted a
responsive bid or proposal (one that meets all criteria of the RFB/RFP). Additionally,
information on the vendor’s record of being a responsible bidder (one who has proven capable of
performing a contract and/or appears financially and technically capable of adequately
performing this contract) is included. If the bidder’s safety record is to be considered, the
evaluation states if the bidder has an acceptable record, and if not, the identifiable factors that
20
were not satisfactory as required by the written definition and criteria for accurately determining
the safety record of a bidder and the Town has complied with all other requirements of
§252.0435 of the Texas Local Government Code, as amended.
SECTION 9.0: AWARDING THE BID
9.01 Policy
The Town awards bids to the vendor who meets the requirements set forth in the bid documents
who offers the lowest cost or the vendor who provides goods or services at the best value for the
Town pursuant to the criteria set forth in Section 252.043 of the Texas Local Government Code,
as amended. If staff recommends award of a bid to a vendor who is not the lowest responsible
bidder, justification for the vendor selection must be documented. In the event that no bid is
deemed satisfactory, the Town may declare that all bids are unacceptable.
9.02 Disqualification of a Bidder
If a bidder has provided unsatisfactory service or products to the Town in the past, those
experiences are to be thoroughly documented in order to support any later disqualifications.
A vendor who fails to provide satisfactory products, goods or services or who has
breached, terminated or been terminated from a contract with the Town in the past will be
removed from the Approved Vendors List for future bidding opportunities and may be
disqualified from bidding on future projects.
SECTION 10.0: PROTESTING A BID
Upon selection of an offeror or bidder, all competitors must be notified in writing of the
procurement results and advised of their right to appeal the decision by the Department. A
protest must be submitted to Town’s Finance Director within seven (7) calendar days of the date
upon which the Town’s written notice of procurement results is made. All such protests will be
reviewed by the Town Manager who will issue a written decision regarding the protest. An
appeal from the decision of the Town Manager may be made to Town Council and shall be
placed on the Council agenda on the first available date for which notice and publication
requirements may be met after a written notice of appeal is received by the Town Secretary.
SECTION 11.0: PROCUREMENT SPECIFICATIONS
A specification is a concise description of goods or services the Town seeks to buy, and
the requirements the vendor must meet in order to be considered for the award. A specification
may include requirements for testing, inspection or preparing an item for delivery, or preparing
or installing it for use. The specification is the total description of the purchase. A good
specification has four characteristics:
• It sets the minimum acceptability of the good or service. The term minimum
acceptability is key, since the vendor must know the minimum standard to determine
what to provide. Setting too high a standard means tax dollars will be wasted, while
setting too low a standard means the good or service will not meet the expectations of
the user.
21
• It should promote competitive bidding. The maximum number of responsible
vendors should be able to bid to the specifications. Restrictive specifications
decrease competition.
• It should contain provisions for reasonable tests and inspections for acceptability
of the good or service. The methods and timing of testing and inspecting must be
indicated in the specification. Tests should refer to nationally recognized practices
and standards, whenever possible.
• It should provide for an equitable award to the lowest responsible bidder. The
buyer obtains goods or services that will perform to expectations, and the vendor is
able to provide the goods or services at an equitable price.
SECTION 12.0: MODIFICATION AND TERMINATION OF CONTRACTS
12.01 Policy
All modifications or changes to a contract must be in writing. The Finance Director or
his or her designee may approve a modification or change order that may increases or decreases
a contract by $15,000 or less. The Town Manager or her designee Council must approve
modifications or change orders exceeding $15,000. The original contract price is not to be
increased by more than 25%. Additionally, funding must be available to cover the cost of the
price increase.
The original contract price may not be decreased by more than 25% without the consent
of the contractor.
A contract awarded by the Town Council may only be terminated upon the approval of
such termination by Town Council.
12.02 Requirement to Re-bid
• In the event that a change order exceeds 25% of the contract price, a new bid must be
solicited using the same bidding procedures as noted in Section 6.0. A new bid
solicitation is to be issued if the procurement of supplies, equipment or services is
materially different from that specified in the previous bid process regardless of the
percentage in increase in the contract price.
SECTION 1213.0: DELIVERY OF GOODS
Once goods are delivered to the Town’s offices, receipt of delivery is noted by signature of the
receiving department or the receptionist in the Administration Building. If the receptionist
receives goods, he/she will notify the department to which the goods belong.
22
The person receiving the goods should make every effort to inspect the goods prior to signing the
delivery ticket. If visible damage to a container being delivered is detected, it should be noted on
the delivery ticket. Although damage to the contents of the package may not be seen, making
this notation on the delivery ticket could make filing a claim easier if in fact the contents are
damaged. Sometimes, damage to goods is concealed in packaging and the receiving party has no
way of knowing of the damage.
SECTION 1314.0: DISPOSAL OF SURPLUS PROPERTY
Annually, all departments shall review their assets and determine which items are no longer
needed. A list of surplus, obsolete or unused supplies, materials or equipment, including
description, make, model, and serial numbers should be forwarded to the Town Manager. Upon
review and approval by Town Manager or her designee the items on the department’s lists may
be transferred to other departments or sold through public auction. A copy of the items sold
including amounts, names, and addresses will be provided to the Finance Department so that it
can be removed from asset lists and insurance.
23
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.5
Discuss and take appropriate action regarding the approval of an expenditure of
EDC 4A funds for pool equipment.
EXPLANATION:
EDC4A has agreed to fund purchase of additional pool furniture for this facility.
RECOMMENDATION:
ACTION BY COUNCIL:
(aa)
Attachments: 1. Application for funds
24
25
26
27
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.6
Discuss and take appropriate action regarding potential revisions to the Overnight
Parking Ordinance, Chapter VI, Section E, of Ordinance 2004-09
EXPLANATION:
Acting Police chief Hurley has reviewed this issue as a result of recent complaints from residents
concerning this issue and has included a memo for your consideration.
RECOMMENDATION:
Contained within Acting Chief Hurley’s memo.
ACTION BY COUNCIL:
(jh)
Attachments: 1. Information Memorandum
2. Chapter VI, Section E, of Ordinance 2004-09
28
DATE: March 25, 2006
TO: Town Council
Via: Roger Unger, Interim Town Manager
FROM: James T. Hurley, Acting Police Chief
SUBJECT: Ordinance No. 2004-09, Overnight Parking
In recent years police departments everywhere have transitioned from their traditional law enforcement
focus to that of problem-solving community partner. In fact, our community policing strategy prefers that
officers work with stakeholders to find solutions to problems, rather than rely on punitive measures for
minor violations of law.
The overnight parking restriction in Trophy Club presents a unique opportunity for community
discussion. The most significant issue may well be the lack of understanding of this ordinance from both
historical and functional perspectives. Additionally, there remains the perception that current popular
support for this ordinance is overwhelming and may be linked to aesthetic quality more than anything
else. Regardless of how individuals assign value to this issue, it is apparent that some clarification is
needed.
The Council has directed that the Police Department initiate this discussion, as well as recommend
potential changes to the ordinance that might satisfy opponents to the ordinance. Suffice to say, whether
or not changes are adopted, the Police Department will continue to enforce the ordinance, maintain data
related to violations, and educate the public about overnight parking.
Our midnight shift officers currently enforce this ordinance in the following manner; violators are warned
with the issuance of an orange sticker, which is affixed to the driver’s side rear or front window,
violator’s previously issued orange stickers are issued warning citations, and those that have been
previously warned twice in the past are issued actual parking citations. For example, in 2005 the Police
Department issued a total of fourteen hundred and twenty (1420) warnings and sixty-nine (69) citations.
Needless to say, police managers field a large percentage of complaints because of these enforcement
activities.
It is widely acknowledged that the 3 - 5 parking restriction can be traced back to a time when a street
sweeper was routinely used in town, creating a need for clear streets in the middle of the night.
Regardless of the original purpose, other benefits have been introduced along the way, perhaps as
justification for keeping the ordinance in place and the streets clear of vehicles.
The persistent move to amend the ordinance has been spearheaded by residents who claim they are tired
of jockeying vehicles at the end of the day in all types of weather.
It has been suggested by some that rescinding the ordinance will result in junk vehicles being parked on
our streets. However, code violations such as junk vehicles can be easily addressed with specific
enforcement. The notion of keeping the streets clear for emergency vehicles has been mentioned by some
as a necessary goal. The fact that our streets are generally clear of street parking throughout the day is
probably a by-product of the ordinance, but the fact that emergency vehicles run almost exclusively
during the other twenty-two hours of the day cause some to view this rationale as somewhat
disingenuous.
Some residents maintain that the ordinance contributes positively to our low crime rate. Although
29
difficult to quantify, the Police Department agrees that vehicle burglaries and other property crimes might
well increase if residents migrated away from securing their vehicles in garages.
Despite popular opinion to the contrary, the ordinance does not allow for discretionary permissions by the
Police Chief. Many residents call for permission to park their own vehicles on the street during times of
construction and other unique circumstances, which lends itself to the uneven enforcement of the
ordinance. The ordinance does permit “out of town” guests to park on the street overnight, and for as
long as a week, as long as the Police Department is notified in advance.
Home, driveway, garage and street design are not always created equal, which some complainants view as
a root cause of the debate. Some complainants even report that oversized vehicles exacerbate their
dilemma. Proponents of the ordinance often suggest that many residents choose to use their garage space
for alternative purposes; thereby creating the parking problems that wouldn’t otherwise exist.
In recent years this issue has reportedly been addressed by a community survey, and the ordinance was
left unchanged. It has similarly been offered to the Public Safety Advisory Group for additional
discussion, and was again left unchanged. If the Council opts to provide some compromise, the following
suggestions may prove helpful.
• Reduce the requirement for household vehicles from four to three.
• Increase the permit fee from $50.00 to $150.00.
• Request a reduction of the fine amount for violations of overnight parking from $70.00 to $25.00.
• Give the Police Chief the ability to resolve conflict based on specific analysis.
• Allow residents to establish exceptions based on individual streets.
• Allow parking by signage on only one side of the street.
CONCLUSION
As future development becomes a reality it seems safe to assume that issues related to overnight parking
will increase exponentially. Minor changes to the existing ordinance need not be viewed as “throwing the
baby out with the bathwater.“ Managing the number of vehicles parked on the town’s streets can still be
accomplished. At this time the Police Department recommends the following action by the Council;
reducing the number of vehicles per household to three, which will provide the requested relief, while
increasing the permit fee to $150.00, which should discourage widespread use of this exception. In order
to more efficiently manage the permits that are issued, we further recommend that an annual renewal fee
of $10.00 be required by ordinance.
The Police Department stands ready to act on the direction of the Town Council.
30
E. Overnight parking.
1. Prohibition. It shall be unlawful for any person to stand or park any motor
vehicle, trailer, mobile home, motor home or boat along or upon any public
highway, street, alley or other public right-of-way located within the Town
between the hours of 3:00 a.m. and 5:00 a.m. each day. This prohibition shall not
be applicable to any motor vehicle which is being used for emergency purposes,
to the operation of any motor vehicle being used by a utility company for repair
purposes, or to any governmental vehicle being used for necessary governmental
purposes.
2. Authority to park with permit; out of town guests. Any person who desires to
stand or park a vehicle upon a public highway, street, alley or other public
right-of-way between the hours of 3:00 a.m. and 5:00 a.m. may purchase a permit
authorizing the same from the Permit Department, provided there are four (4) or
more vehicles in the household of the person requesting the permit. One permit
shall be issued for each vehicle for which a permit is requested, which permit
shall be permanently affixed to the left side of the back (rear) window so that it is
plainly visible to a person standing outside of the vehicle, or if there is no back
(rear) window, in a place where the said permit is plainly visible. Each permit
shall be a non-transferrable permit issued to the individual who owns the vehicle
that will be parked on the public highway, street, alley or other public right-of-
way. The permit shall remain in effect until the vehicle is sold or otherwise
transferred to a third party. At the time of sale or transfer of the vehicle, such
permit shall be void. A fee of fifty dollars ($50.00) per vehicle shall be charged
for the issuance of a permit.
It shall not be a violation of this Ordinance for a nonresident of the Town, while
visiting a resident of the Town, to park or stand a vehicle owned or controlled by
the non-resident on a public street, highway or other public right-of-way between
the hours of 3:00 a.m. and 5:00 a.m., provided that notice of such parking or
standing is given to the Chief of Police or the Permit Department by no later than
5:00 p.m. of the immediately previous day. Such parking or standing shall not
exceed seven (7) consecutive days nor a total of fourteen (14) days in any one
calendar month.
Any vehicle parked as permitted by this section shall be parked directly in front of
the residence being visited in such a manner as not to obstruct access to the
private driveways of neighboring residents.
31
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.7
Discuss and take appropriate action regarding the Minutes from March 28, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(Initials)
Attachments: 1. Minutes from March 28, 2006 Workshop
32
MINUTES OF BUDGET WORKSHOP BETWEEN THE TOWN COUNCIL
AND WAYS AND MEAN FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Tuesday, March 28, 2006
6:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in a Budget Workshop on Monday, March 28, 2006.
The meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
TOWN COUNCIL MEMBERS ABSENT:
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
Mike Pastor IS Manager
Sakura Moten-Dedrick Financial Analyst
Gary Cantrell Ways and Means Member
Neil Twomey Ways and Means Member
J.D. Harvey Ways and Means Member
Dwight Morrow Ways and Means Member
A.1 Call to order and announce a quorum.
Mayor Sanders called the Workshop Session to order at 6:15 p.m. noting a quorum was present.
A.2 Opening comments from the Interim Town Manager.
Roger Unger advised that per Council’s suggestion; the Joint budget workshops with Ways and Means will be held
departmentally, in two-hour increments. Roger Unger turned the workshop over to Sakara Moten-Dedrick.
TOWN COUNCIL TO CONVENE INTO WORKSHOP SESSION (6:00 P.M – 8:00P.M.)
*WORKSHOP SESSION
A.3 Budget Workshop
Revenues
Administration
Legal
Information Services
Court
The Town Council, staff and Ways and Means Advisory Group discussed the 2006-07 Proposed Budget
assumptions for Revenues, Legal, Information Services and Court. Due to time constraints, Administration
was rescheduled for the next workshop.
33
F.1 Adjourn.
Council member Edstrom made a motion to adjourn. Council member Williams seconded; workshop adjourned at
8:02 P.M.
____________________________________ _________________________________
Town Secretary, Town of Trophy Club Mayor, Town of Trophy Club
34
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.8
Items for Future Agenda.
Long term capital project list, projected fiscal impact and surveys for
resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for
Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discuss and take appropriate action regarding amendments to the
restrictions on the outdoor storage ordinance. (April 20th, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of drainage ditch that runs between Village Trail and Lakeshore
Drive and consideration of improvements for area to create a linear park.
Discussion and appropriate action regarding approval of a Development
Agreement for Eagles Ridge Phase II.
Public Hearing on Horton Zoning request.
Discuss and take appropriate action regarding joint participation with area
cities in an engineering study to evaluate the feasibility of contracting with an
additional wholesale water supplier.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: 1. None
35
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.9
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 18, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. March 18, 2006 Minutes
36
MINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Saturday, March 18, 2006
9:00 A.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Saturday, March 18, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
A.1 Call to order and announce a quorum.
Mayor Sanders called to the meeting to order at 9:26 a.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 9:30 A.M.
EXECUTIVE SESSION
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act:
(1) Conduct interviews of candidates for appointment to the position of Trophy Club Town Manager.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 4:33 P.M.
*REGULAR SESSION
F.1 Adjourn
Council Member Williams made a motion to adjourn, Mayor Pro Tem Cates seconded. Motion adjourned at 4:35
P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
_____________________________________ ____________________________________________
Town Secretary, Lisa Ramsey Mayor, Nick Sanders
37
MINUTES OF SPECIAL TOWN COUNCIL MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Saturday, March 18, 2006
9:00 A.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Saturday, March 18, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Susan Edstrom Council Member
Beverly Foley Council Member
STAFF AND GUEST(S) PRESENT:
Lisa Ramsey Town Secretary
Patricia Adams Town Attorney
A.1 Call to order and announce a quorum.
Mayor Sander called to the meeting to order at 9:26 a.m.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION AT 9:30 A.M.
EXECUTIVE SESSION
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act:
(1) Conduct interviews of candidates for appointment to the position of Trophy Club Town Manager.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION AT 4:33 P.M.
*REGULAR SESSION
F.1 Adjourn
Council Member Williams made a motion to adjourn, Mayor Pro Tem Cates seconded. Motion adjourned at 4:35
P.M.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
_____________________________________ ______________________________________________
Town Secretary, Lisa Ramsey Mayor, Nick Sanders
38
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.D.10
Consent Agenda: Discuss and take appropriate action to approve Minutes dated,
March 20, 2006.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
(lmr)
Attachments: 1. March 20, 2006 Minutes
39
NOTICE OF A PUBLIC HEARING AND REGULAR TOWN COUNCIL
MEETING FOR THE
TOWN OF TROPHY CLUB
LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS
Monday, March 20, 2006
7:00 P.M.
STATE OF TEXAS §
COUNTY OF DENTON §
The Town Council of the Town of Trophy Club, Texas, met in Regular Session on Monday, March 20, 2006. The
meeting was held within the boundaries of the Town and was open to the public.
TOWN COUNCIL MEMBERS PRESENT:
Nick Sanders Mayor
Pam Cates Mayor Pro Tem
Roger Williams Council Member
Beverly Foley Council Member
Susan Edstrom Council Member
STAFF AND GUEST(S) PRESENT:
Roger Unger Interim Town Manager
Lisa Ramsey Town Secretary
Beth Ann Gregory Community Development Director
Patricia Adams Town Attorney
Kerin Fleck Planning and Zoning Coordinator
Danny Thomas Acting Fire Chief
Jim Hurley Acting Police Chief
A.1 Call to order and announce a quorum.
Mayor Sanders called the Regular Session to order at 7:02 p.m. noting a quorum was present.
A.2 Invocation.
Mayor Sanders gave the invocation.
A.3 Pledge of allegiance to the American Flag.
Pledge of allegiance to the Texas Flag.
"Honor the Texas flag, I pledge allegiance to thee, Texas one and indivisible."
Council member Williams led the pledges.
Town Council convened into Public Hearing at 7:05 P.M.
TOWN COUNCIL TO CONVENE INTO PUBLIC HEARING
PUBLIC HEARING
B.1 Public Hearing:
Consider:
A zone change request for an approximate 1.751 acre tract of land located generally to the east of the Municipal
Utility District Wastewater Treatment Plant Facility and south of the Town’s northeastern city limit, and
being part of the Mary Medlin Survey, A-832 from its current zoning of R-12 – Single Family Residential
to CR Commercial Recreation. Applicant: Beck Properties. (ZCA.06.008)
Kerin Fleck advised the Council that the property is currently zoned R-12 Single Family Residential and abuts the
Treatment Plant on the plant’s eastern boundary and that the Planning & Zoning Commission recommended
approval at a public hearing conducted on March 2, 2006.
40
There was no public input. Town Council convened into Regular Session at 7:07 P.M.
TOWN COUNCIL CLOSED THE PUBLIC HEARING AND RECONVENED INTO REGULAR SESSION
*REGULAR SESSION
B.2 Discuss and take appropriate action relative to a zone change request for an approximate 1.751 acre tract of
land located generally to the east of the Municipal Utility District Wastewater Treatment Plant Facility and
south of the Town’s northeastern city limit, and being part of the Mary Medlin Survey, A-832 from its
current zoning of R-12 – Single Family Residential to CR Commercial Recreation. Applicant: Beck
Properties. (ZCA.06.008)
A. Agenda Item B.1
Council member Edstrom made a motion to approve. Council member Williams
seconded; motion carried unanimously without any discussion.
C.1 Town Manager Report and Discussion Regarding Project Updates as Listed Below: There will be no
action taken regarding any individual project posted under this item and discussion will be limited. If
extensive discussion is required, the item may be placed on a future agenda.
Administration:
Election Update
A candidate’s drawing for a place on the May 13th Ballot will be held on Wednesday, March 22nd at 10:00
A.M.
Community Development:
Ribbon Cutting
A ribbon cutting ceremony will be held for the Svore Municipal Building Addition on Monday, April 3rd at
5:00 pm prior to the Council Meeting. Citizens are encouraged to join us and stay for an open house with
refreshments following the ceremony.
Finance:
Budget Workshops have been scheduled for the following:
Tuesday, March 28th, 6:00 - 8:00
Revenues
Administration
Legal
Information Services
Court
Tuesday, April 11th, 5:00 - 7:00
Community Development
Storm Sewer
Planning and Zoning
Tuesday, April 25th, 6:00 - 8:00
Parks and Recreation
Marshall Creek
EDCs
Tuesday, May 9th, 5:00 - 7:00
DPS
Information System:
The Year in Review is now available on the Town’s website and has been submitted to the printer.
Parks and Recreation:
41
Park Board voted to form a sub-committee to study Marshall Creek Park operations.
EDC 4B indicated that they would be a funding mechanism for a Town Survey, upon approval from Town
Council.
Planning & Zoning
Zoning Submissions
DR Horton: The Planning & Zoning Commission will meet in a workshop session, March 22, 2006.
Police and Fire Services
Police Services
The Police Department is presenting a program on Internet Safety at Medlin Middle School in conjunction
with the Medlin PTO. The program is scheduled for March 21st at 7:00 PM and will consist of concurrent
presentations designed to address both parents and students as separate groups. For more information see
the Police Department web pages.
New crime updates are available on the Police Department web pages.
Mayor Pro Tem Cates questioned if we were covering too much in the meeting scheduled for March 28th. Roger
Unger advised that the schedule can be adjusted if necessary, however, some of these departments have
very small budgets.
C.2 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.
Eddie Windebank, 22 Hideaway Court- – Requested that Council revisit the issue of overnight parking.
Sunny Patton, 212 Oakmont Drive – Resident of over 20 years, expressed her support for Roger Unger as Town
Manager.
Norman Patton, 212 Oakmont Drive – Resident of over 25 years, expressed his support for Roger Unger as Town
Manager.
Fred Allen, 1022 Trophy Club Drive - Expressed his opinion that Council hire externally for the Town Manager
position. Sandra Parker, 1038 Trophy Club Drive – Spoke in support of the Traffic Calming Measures.
C.3 Discuss and take appropriate action regarding revisions to the Town's Personnel Manual.
Lisa Ramsey asked that Council allow the Town Manager and Human Resources Manager the ability to make
administrative amendments to the policies, which do not have a financial impact.
Council member Williams questioned if the employees will need to sign an acknowledgment form and Council
member Edstrom questioned if there will be employee meetings explaining and reviewing the policies.
Lisa Ramsey advised that there will be an acknowledgment form that the employees will need to sign upon the
completion of departmental meetings; scheduled for the purpose of going through the manual and its
revisions.
Mayor Sanders pointed out three items to be clarified. The first is the definition of Assistant to the Town Manager,
under section 101.03 Administration. The second, also under section 101.03 for Town Attorney, requested
that a job description and reporting structure be added. Lastly, under 101.05 Personnel Manual, Mayor
Sanders confirmed that the exception that employees will be given 5 days written notice of any change is a
new policy, which is not in the current policy.
Council member Edstrom moved to approve the HR Policies, and provide direction to the staff to make any
modification prior to distributing to the employees. Council member Williams seconded.
Roger Unger asked that the Council clarify the motion to be the ability to make modifications extending throughout
the life of the policy, given changes to personnel law and the necessity to redefine processes due to the
change of positions, with Council being notified on all major changes.
42
Council member Edstrom advised that she does not feel it necessary to be updated on administrative changes, but
would like to be informed of changes made regarding the interaction of employees.
Mayor Pro Tem Cates disagreed, stating that she would like to be notified of all changes.
Council member Williams and Mayor Sanders both agreed, and requested to be notified of any changes.
Motion passed unanimously without further discussion.
C.4 Receive an update, have discussion and provide input regarding process to fill the position for the Director
of Police and Fire Services Division - Department of Public Safety.
Roger Unger asked the Council for input and direction on whether to continue with a Director of Police and Fire
Services, or if they were considering separating into two positions. Roger advised that there would be an
increase to go back to two positions and that members of the Police and Fire Departments preference would
be to go back to a Police Chief and Fire Chief. Roger also stated that he has not had the opportunity to
discuss this position with the MUDs yet.
Mayor Sanders referenced the financial figures that were provided and clarified that the increase would be a result of
adding administrative support for the Chiefs.
Mayor Pro Tem Cates understood that the cost increased when the Director of Police and Fire Services was
implemented. Roger Unger explained that going with a Director of Police and Fire Services actually
decreased the cost, as it eliminates the administrative positions and was originally implemented as a cost
savings action.
Roger Unger spoke to the Mayor’s concern on implementation with the current budget, advising that we would need
approval from the MUDs.
Council member Edstrom made the motion to pursue the option of hiring a separate Police Chief and Fire Chief.
Mayor Pro Tem Cates seconded.
Council member Williams questioned the interest of the current Acting Police Chief and Fire Chief should the
positions become available.
Council member Edstrom spoke to the posting requirements, as per the revised policies and spoke in favor of first,
posting the openings internally.
Council member Williams recollected from the last interview process for the Director’s position and the difficulty of
finding an applicant with both Police and Fire Chief experience.
Council member Edstrom also in favor of going back to a Police and Fire Chief and commented that the Town
would probably be alright in the next budget year, even with the addition of two administrative positions,
due to the training costs that were paid for the former Director.
Roger Unger suggested that the Council receive comments from the two Acting Chiefs who were also present
Acting Police Chief, Jim Hurley spoke that he would like to see Council go the route to separate into two positions
and that his staff would agree.
Council member Williams requested that staff post internally for the positions of Police and Fire Chiefs, due to the
interest and quality of the two currently serving in the capacity of Acting Chiefs and advised that he looked
forward to having them as our Chiefs.
Council member Edstrom added that both have a vote of confidence from the people that serve under them as well.
43
Mayor Pro Tem Cates spoke to the specialty involved in both Police and Fire and believes that in order to focus on
these specialties, we should have a separate Police and Fire Chief.
Council member Foley thanked the Acting Chiefs for attending the meeting, as their opinions saved both time and
money.
The mover amended the motion, directing the Town Manager to post the jobs for Police Chief and Fire Chief
internally, and according the requirements of the Personnel Polices that were submitted to Council for
review and then report back to Council; the second agreed.
Bob Radder, 1 Lee Court – Spoke in favor of separating the two positions and posting internally.
Motion passed unanimously without further discussion.
C.5 Discuss and take appropriate action to approve Minutes dated February 20, 2006.
Council member Edstrom made a motion to approve. Council member Williams seconded.
Council member Williams questioned why the minutes were not on the consent agenda. Council member Foley
explained that due to her absence from the meeting, she could not vote.
Motion passed 3-0-1with Mayor Pro Tem Cates, Council member Williams and Edstrom voting in favor and
Council member Foley abstaining.
C.6 Discuss and take appropriate action to approve Minutes dated March 6, 2006.
Council member Williams made a motion to approve. Mayor Pro Tem Cates seconded.
Motion passed 3-0-1with Mayor Pro Tem Cates, Council member Williams and Edstrom voting in favor and
Council member Foley abstaining.
C.7 Items for Future Agenda.
Long-term capital project list, projected fiscal impact and surveys for resident input on potential projects.
Discussion and appropriate action for Parks and Recreation future plans for Marshall Creek.
Status of street repairs and bonds, including recommendation.
Sale of Remaining Street bonds.
Discuss and take appropriate action regarding amendments to the restrictions on the outdoor storage
ordinance. (April 20th, 2006)
Discussion and appropriate action for the Purchasing Policies (April 3, 2006)
Discussion and appropriate action regarding a policy for accepting gifts.
Review of Advisory Groups Committees Policies.
Discussion of a drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of
improvements for area to create a linear park.
Unitization Agreement with Encana for lease of mineral interest under Harmony Park (April 3, 2006)
Interlocal funding agreement between Town and MUDs for the building addition and maintenance building
utilized by Parks and Recreation and the Water Department (April 3, 2006)
Discussion and appropriate action regarding approval of a Development Agreement for Eagles Ridge Phase
II.
Mayor Sanders mentioned that Roger Unger has already directed Jim Hurley to review the section for overnight
parking in Ordinance 2001-05 and to then report back to Council with suggestions and options. (April 3, 2006)
C.8 Informational Only - Additional Information for Council as provided by the Department of Police and Fire
Services.
This item is for informational purposes, no discussion.
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.
44
Mayor Sanders removed C.10 from the Consent agenda.
C.9 Consent Agenda: Discuss and take appropriate action on the approval of a use policy for the Public
Services Conference Room.
Council member Foley made a motion to approve C.9. Council member Edstrom seconded the motion, with a quick
question.
Council member Edstrom agreed with section 8A, that no beverage should be served, but questioned how we would
police a beverage being consumed, as we cannot object to someone coming in with a Starbucks coffee or
bottle of water and suggested that this section possibly be tweaked.
Mayor Sanders clarified that this is the same policy as used for the Council Chambers. Beth Ann Gregory
responded that the substance of the policy is the same with the only change to the party responsible for the
approval to the room.
Motion passed unanimously without further discussion.
C.10 Consent agenda: Discuss and take appropriate action to approve financials dated February 2006.
Council member Williams expressed concern over the significant increase in the Insurance line item under
Administration, budgeted at $40,000, but paid to date of $56,700. Mr. Unger responded that, as Council
had previously been informed, was a result of the Insurance Company not billing the Town for any
deductibles for the past five years.
Mr. Unger responded to Council member Williams question regarding the Audit line item, that the final cost to the
Town would be approximately $25,000.
Mayor Sanders suggested that the financials be removed from the Consent agenda for future meetings, allowing
questions to be asked. Mayor Sanders asked Roger Unger to speak to his questions previously addressed.
Roger Unger advised:
The Water expense line for Harmony Park, already in access of budget, is a result of the dry fall and that this budget
was built with the park water coming from affluent, which the Parks and Recreation Director, Adam
Adams is currently working with the MUDs.
The Fire Department, Miscellaneous Revenue line item is substantially above budget, which is due to an insurance
settlement of $5,800 dollars for damage done to the building. Additionally, the Tarrant County Mutual
Aide numbers are much higher, proving the need to set Tarrant County up as a separate line item.
The Fire Sprinkler inspections were brought in house this year, previously when outsourced the payments went
directly to the entity conducting the inspections.
The monthly payment form Marshall Creek Park to the Town for Emergency and Administrative Services, funds
will only be transferred if enough revenue is generated.
Mayor Sanders asked if we tried negotiating with the Insurance Company to get a break on the bill due to their error.
Mr. Unger advised that he did make a phone call to the company.
Council member Edstrom questioned the contract language regarding billing. Patricia Adams advised that although
she has not reviewed the contract, she believes that the language is that we would have to pay.
Mayor Sanders requested that Roger Unger communicate to the Insurance Company that he is upset with their
billing policy and would welcome an opportunity to discuss this issue with them and whether the Town
should pay or not.
TOWN COUNCIL TO CONVENE INTO EXECUTIVE SESSION
45
EXECUTIVE SESSION
E.1 To discuss or deliberate the appointment, employment, evaluation, reassignment, duties, discipline or
dismissal of a public officer or employee pursuant to Section 551.074 (a) (1) of the Texas Open Meetings
Act :
(1) Discussion regarding interviews for Town Manager candidates.
Town Council convened into Executive Session at 8:27 P.M.
TOWN COUNCIL TO RECONVENE INTO REGULAR SESSION
*REGULAR SESSION
E.2 Discuss and take appropriate action relative to appointment of Town Manager.
Town Council reconvened into Regular Session at 8:57 P.M.
Council member Edstrom made a motion directing the Town Secretary to conduct background and reference checks
on two finalists; Roger Unger and Brandon Emmons. Council member Williams seconded; motion passed
unanimously, without further discussion.
F.1 Adjourn.
Council member Foley moved to adjourn at 8:59. Council member Edstrom seconded; motion carried unanimously.
* The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open
Meeting Act, LGC.551.071
__________________________________________ __________________________________________
Town Secretary, Town of Trophy Club Mayor, Town of Trophy Club
46
COUNCIL MEMORANDUM
From: The Office of the Town Mayor Date: 4-3-2006
Subject: Agenda Item No.E.1
To discuss or deliberate the appointment, employment, evaluation, reassignment,
duties, discipline or dismissal of a public officer or employee pursuant to Section
551.074 (a) (1) of the Texas Open Meetings Act:
1. Appointment of a Town Manager
47
COUNCIL MEMORANDUM
From: The Office of the Town Mayor Date: 4-3-2006
Subject: Agenda Item No.E.2
Discuss and take appropriate action relative to the appointment of a Town Manager
and terms of engagement.
EXPLANATION:
RECOMMENDATION:
ACTION BY COUNCIL:
Attachments: None
48
COUNCIL MEMORANDUM
From: The Office of the Town Manager Date: 4-3-2006
Subject: Agenda Item No.F.1
Adjourn.