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Agenda Packet TC 12/04/2006 1 Town of Trophy Club Town Council Regular Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Monday, December 4, 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." A.4 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2006 Lighthouse Blue Ribbon Achievement. A.5 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. A.6 Presentation on the Feasibility Study for Treated Water from Upper Trinity by Kerry Marony, representative of Biggs and Matthews, and discussion of same. B.1 Consent Agenda: Discuss and take appropriate action regarding a contract with Bailey Environmental for Consultant Services for Health Inspections; and authorizing the Mayor or his designee to execute necessary documents. C.1 Discuss and take appropriate action regarding a resolution to renew membership in the Texas Building and Procurement Commission Cooperative Purchasing Program (TBPC Co-Op). C.2 Discuss and take appropriate action regarding the expenditure of GASB/34 funds for the financial and utility billing software upgrade. C.3 Discuss and take appropriate action regarding an Interlocal Agreement with the City of Southlake for Animal Control Services, and authorizing the Mayor or his designee to execute necessary documents. 2 C.4 Discuss and provide input regarding the Town of Trophy Club's future annexation plans and discuss and take appropriate action regarding the approval or denial of a Resolution directing the Planning and Zoning Department, through the Town Manager, to prepare a service plan for that certain part of the Town's extraterritorial jurisdiction described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832. C.5 Items for Future Agenda. C.6 Reports. 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. (a) Town Council report from EDC 4A Liaison, Council member Edstrom, and EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. D.1 Pursuant to Texas Government Code §551.073, Deliberation Regarding Prospective Gift, and § 551.071(a) and (b) Consultation with Attorney, Council will enter into executive session to deliberate a negotiated contract for a prospective gift or donation to the governmental body where deliberation in an open meeting would have a detrimental effect on the position of the Governmental body in negotiations with a third person and to consult with the Town Attorney on pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the open meetings act: a. Proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, and proposed "charitable dedication" by Beck Properties D.2 Discuss and take appropriate action relative to Executive Session Item Number D1, proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, proposed "charitable dedication" by Beck Properties and matters related to the parkland dedication dispute and its resolution. E.1 Adjourn. 3 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.A.1 Call to order and announce a quorum. 4 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.A.2 Invocation. 5 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 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." 6 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.A.4 Discuss and take appropriate action regarding a Proclamation congratulating Samuel Beck Elementary School for their 2006 Lighthouse Blue Ribbon Achievement. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: (Mayor Sanders) Attachments: 1. Proclamation 7 TOWN OF TROPHY CLUB, TEXAS PROCLAMATION NO. 2006- 2006 Lighthouse Blue Ribbon School A PROCLAMATION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CONGRATULATING SAMUEL BECK ELEMENTARY SCHOOL FOR THEIR 2006 LIGHTHOUSE BLUE RIBBON DESIGNATION ACHIEVEMENT. WHEREAS, Lighthouse is an organization infusing education, business, and government with the objective of shining a positive light on America’s best schools and programs that work. Education, business and government leaders have the ability by working together to create an infrastructure that will provide a blueprint for excellence in education for all children, all schools and all states. Lighthouse Schools will focus on locating successful best practices and programs that work in education to serve as a marker for schools that desire to be high performing beacons for our educational culture; and WHEREAS, Blue Ribbon Schools of Excellence, Inc., is a not-for-profit organization established for the primary purpose of improving academic excellence for all children, which is accomplished through the identification of successful programs in schools across the nation, the creation of an online Best Practices Database to share these best practices, and to assist in the implementation of successful practices in targeted schools; and WHEREAS, Under the Blueprint for Improvement assessment process, Beck Elementary met or exceeded the criteria and on October 24th, Bart Teal, President/Founder of Blue Ribbon Schools of Excellence, Inc., spent a day conducting an on-line survey with several parents, students and staff including a review of state TAKS (Texas Assessment of Knowledge and Skills) data and visiting classrooms; and WHEREAS, Blue Ribbon Lighthouse Schools commit to sharing expertise and exemplary practices with other schools on a local, regional, and national level; as well as providing mentoring and networking to schools seeking guidance and assistance in school improvement initiatives. NOW THEREFORE, BE IT PROCLAIMED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town of Trophy Club congratulates Samuel Beck Elementary School for being recognized at the national level for this award reflecting the commitment of parents, volunteers, students and staff to providing an exemplary education; and be it further Section 2. Resolved that this Proclamation shall become effective from and after its date of passage in accordance with law. ____________________________________ Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] ____________________________________ Town Secretary Town of Trophy Club, Texas 8 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.A.5 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. 9 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.A.6 Presentation on the Feasibility Study for Treated Water from Upper Trinity by Kerry Marony, representative of Biggs and Matthews, and discussion of same. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: 1. None 10 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.B.1 Consent Agenda: Discuss and take appropriate action regarding a contract with Bailey Environmental for Consultant Services for Health Inspections; and authorizing the Mayor or his designee to execute necessary documents. EXPLANATION: Bailey Environmental has been performing health inspections in the Town for over 10 years, but has never been under a formal legal contract. This agreement defines and formalizes the relationship and provides protection for both parties. Staff has been very satisfied with the service provided by Bailey Environmental and has found no record of any complaints. The changes made to the contract included in this packet reflect the removal of insurance requirements as directed by Council at the November 20, 2006 meeting. The amended contract has been presented to Bailey Environmental for approval and signature. ACTION BY COUNCIL: (bg) Attachments: 1. Contract 11 AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS AND BAILEY ENVIRONMENTAL FOR CONSULTANT SERVICES FOR HEALTH INSPECTOR THIS CONTRACT is made and entered by and between Bailey Environmental, whose address is 1333 Salt Branch Road, Little Elm, Texas 75068, hereinafter referred to as “Consultant”, and the TOWN OF TROPHY CLUB, TEXAS, hereinafter referred to as “Town”, for consulting services to provide Health Inspection support, to be effective upon approval of the Trophy Club Town Council and subsequent execution by the Trophy Club Town Manager or her designee. W I T N E S S E T H: WHEREAS, the Town has identified a need to retain Consultant to provide Town with Health Inspector support services (hereinafter the “Project”); and WHEREAS, Town desires to engage the services of the Consultant to assist in such Project and to render its services on the terms and conditions provided in this Agreement; and WHEREAS, Consultant agrees to render its services to Town as provided herein; THEREFORE, Town hereby engages the services of Consultant, and in consideration of the mutual promises herein contained, the parties agree as follows: SECTION I. SCOPE OF WORK Consultant shall provide all services necessary to provide Health Inspector support services to Town. Such work shall be performed in accordance with the terms and conditions outlined in this Agreement and in Consultant’s proposal, a copy of which is attached hereto and incorporated herein as Exhibit “A”, hereinafter collectively referred to as “Contract Document”. In the event of any conflict between the terms, phrases, or conditions of this Agreement and Exhibits hereto, priority of interpretation shall be in the following order: this Agreement, Exhibit “B”, Exhibit “C”, Exhibit “A:”. SECTION II. TERM The term of this Contract shall be a period of one (1) year commencing upon the date of approval by the Trophy Club Town Council. This Agreement may be renewed at the option of the Town for two (2) additional terms of one (1) year each upon thirty (30) 12 days written notice to Consultant. This Agreement may be terminated by Town as provided herein. SECTION III. COMPENSATION / OWNERSHIP OF DOCUMENTS 3.01 Compensation. In consideration for the services to be rendered under this Agreement, including all expenses, the Consultant shall be paid a fee not to exceed the amounts itemized in the Fee Schedule for Town, a copy of which is attached hereto as EXHIBIT “B”. Consultant may invoice Town upon completion and acceptance of services to be provided or may invoice Town on a monthly basis. Such invoices shall be itemized to show services performed, expenses and corresponding charges. Consultant shall keep accurate records of its services and expenses incurred in the performance of this Agreement and shall make the same available to Town for inspection and copying upon five (5) days notice thereof. These records shall be kept by Consultant for two (2) years following the expiration of this Agreement. 3.02 Fiscal Funding. Consultant and Town recognize that the continuation of any contract after the close of any given fiscal year of the Town of Trophy Club, which fiscal year ends on September 30th of each year, shall be subject to Town Council approval. In the event that the Town Council does not approve the appropriation of funds for this contract, the contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. 3.03 Maximum Compensation Upon Termination By Town or Consultant. In the event of termination by Town with or without cause and subject to the terms of §3.02 herein, the Consultant shall be compensated only for actual approved expenses and fees incurred by Consultant in providing those services acceptable to Town which are within the scope of work under the Contract Documents to the effective date of termination, unless otherwise specifically stated in the notice of termination. Approved expenses do not include overhead such as utilities, rent, insurance, etc., and shall not exceed the total amount due under this Agreement. 3.04 Ownership of Documents. All information, documents, records and reports developed as a result of the services provided under this Agreement shall be the property of the Town (hereinafter “Documents”). Any use by Consultant of the information developed hereunder, whether for publication or for work with other clients, must receive prior written permission from the Town. During the term and all renewals of this Agreement, all such information and Documentation generated, compiled, collected or collated shall be maintained in the format required by Town. Further, all such information and Documentation shall be returned to Town upon termination of this Agreement, and upon such termination shall be returned in the format required by Town. SECTION IV. 13 SUCCESSORS AND ASSIGNS/AGENTS OR ASSISTANTS 4.01 Successors and Assigns. Town and Consultant each bind themselves, their successors, executors, administrators and assigns to the other party to this Agreement. Neither Town nor Consultant will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of Town. Subject to the provision regarding assignment, this Agreement shall be binding on the administrators, legal representatives, successors, and assigns of the respective parties. 4.02 Use of Agents or Assistants. Subject to the foregoing, to the extent reasonably necessary for the Consultant to perform its duties hereunder, Consultant may engage the services of any agents or assistants which it may deem proper, and it may further employ, engage, or retain the services of such other persons or corporations to aid or assist it in the proper performance of its duties. The cost of the services of such agents or assistants shall be borne by Consultant at its sole cost and expense. Consultant further agrees that the subcontracting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Consultant from its full obligations to Town as provided by this Contract. SECTION V. FACILITIES Consultant shall be responsible for providing all necessary facilities, personnel, equipment, materials or other items necessary to perform the services required of it hereunder; provided, however, that Town shall cooperate with Consultant by providing space that Town has available for meetings, conferences, presentations, etc. SECTION VI. INDEMNIFICATION Consultant shall release, defend, indemnify and hold harmless Town and its officials, officers, agents and employees from and against all damages, injuries (including death), claims, property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney’s fees and expenses, in any way arising out of, related to, or resulting from the performance of the work or caused by the negligent act or omission of Consultant, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Consultant is legally responsible (hereinafter “Claims”). Consultant is expressly required to defend Town against all such Claims. In its sole discretion, Town shall have the right to approve defense counsel to be retained by Consultant in fulfilling its obligation hereunder to defend and indemnify 14 Town, unless such right is expressly waived by Town in writing. Town reserves the right to provide a portion or all of its own defense; however, Town is under no obligation to do so. Any such action by Town is not to be construed as a waiver of Consultant’s obligation to defend Town or as a waiver of Consultant’s obligation to indemnify Town pursuant to this Contract. Consultant shall retain Town approved defense counsel within seven (7) business days of Town’s written notice that Town is invoking its right to indemnification under this Contract. If Consultant fails to retain Counsel within such time period, Town shall have the right to retain defense counsel on its own behalf, and Consultant shall be liable for all costs incurred by Town. SECTION VII. ADDITIONAL CONSULTANT RESPONSIBILITIES Consultant shall assume responsibilities in accordance with the requirements set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein, throughout the term of this Agreement and all such renewals thereof. SECTION VIII. INDEPENDENT CONTRACTOR Consultant covenants and agrees that he or she is an independent contractor and not an officer, agent, servant or employee of Town; that Consultant shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between Town and Consultant, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between Town and Consultant. SECTION IX. TERMINATION 9.01 Option. Town may, at its option, without cause, and without prejudice to any other remedy it may be entitled to at law, in equity, or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Consultant with the understanding that all services being provided by Consultant shall cease upon the date such notice is received unless otherwise specifically stated in the notice of termination. 9.02 Cause. Town reserves the right to terminate this contract immediately upon breach of any term or provision of the Contract Documents by Consultant; or if at any time during the term of this contract, Consultant shall fail to commence the work in accordance with the provisions of the Contract Documents or fail to diligently provide services in an efficient, timely and careful manner and in strict 15 accordance with the provisions of the Contract Documents, or fail to use an adequate number or quality of personnel or equipment to complete the work or fail to perform any of its obligations under the Contract Documents, then Town shall have the right, if Consultant shall not cure any such default after fifteen (15) days written notice thereof, to terminate this contract and complete the work in any manner it deems desirable, including engaging the services of other parties therefore. Any such act by Town shall not be deemed a waiver of any other right or remedy of Town. 9.03 Costs. If after exercising any remedy provided herein, the cost to Town of the performance of the balance of the work is in excess of that part of the contract sum which has not therefore been paid to Consultant hereunder, Consultant shall be liable for and shall reimburse Town for such excess. SECTION X. EQUAL OPPORTUNITIES Consultant shall not discriminate against any employee or applicant for employment because of race, age, color, religion, sex, disability, ancestry, national origin or place of birth. Consultant shall take action to ensure that applicants are employed and treated without regard to their race, age, color, religion, sex, disability, ancestry, national origin or place of birth. This action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection of training including apprenticeship. SECTION XI. APPLICABLE LAW/ INDEMNITY Consultant shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations, which in any manner affect Consultant or the work, and shall release, defend, indemnify and hold harmless Town against any claim arising from the violation of any such laws, ordinances and regulations whether by Consultant or its employees. If Consultant performs any work contrary to such laws, ordinances, rules and regulations, Consultant shall bear all costs arising therefrom. SECTION XII. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. SECTION XIII. 16 NONWAIVER It is expressly understood and agreed that, in the execution of this Agreement, Town does not waive nor shall Town be deemed hereby to have waived any immunity or defense that would otherwise be available to it. It is further agreed that one (1) or more instances of forbearance by Town in the exercise of its rights herein shall in no way constitute a waiver thereof. SECTION XIV. PARAGRAPH HEADINGS The descriptive headings of the several Articles, Sections and Paragraphs contained in this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. SECTION XV. CONTRACT INTERPRETATION Although this Agreement is drafted by the Town, should any part be in dispute, the parties agree that the Agreement shall not be construed more favorably for either party. SECTION XVI. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of the Contract Documents which is not contained herein shall be valid or binding. The parties agree that the Contract Documents constitute the entire understanding of the parties. SECTION XVII. GOVERNING LAW / VENUE The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Texas. The parties agree that it is performable in Denton County, Texas and that exclusive venue shall be in Denton County, Texas. IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below. 17 CONSULTANT Date: ______________ BY: __________________________ Bailey Environmental Name:_____________________ Title:______________________ TOWN OF TROPHY CLUB, TEXAS Date: ______________ BY: __________________________ Nick Sanders Mayor APPROVED AS TO FORM: _________________________________ Patricia A. Adams, TOWN ATTORNEY 18 ACKNOWLEDGMENTS STATE OF TEXAS ) ) COUNTY OF __________ ) This instrument was acknowledged before me on the _____ day of ___________________, 2006, by _________________, ________________, of __________________________ a _____________ corporation, on behalf of such corporation. _______________________________ Notary Public, State of Texas STATE OF TEXAS ) ) COUNTY OF DENTON ) This instrument was acknowledged before me on the _______ day of _________________, 2006 by NICK SANDERS, Mayor of the TOWN OF TROPHY CLUB, TEXAS, a Type “A” general law municipal corporation, on behalf of such corporation. ________________________________ Notary Public, State of Texas 19 EXHIBIT “A” CONSULTANT’S PROPOSAL 20 EXHIBIT “B” FEE SCHEDULE Description of Service Fee Per Inspection Restaurants $100.00 Cafeteria (ea. Schools) $100.00 Convenience Store $100.00 Catering Trucks/or other Vendors $125.00 Day Care Center $125.00 Foster/Adoption Homes $125.00 Grocery Store $250.00 Super Store (ea Wal-Mart) $450.00 Swimming Pools $125.00 Nursing Homes $125.00 Complaints $125.00 Consulting/Meeting/Court Appearances $125.00 Water Sampling for Lab Testing $135.00 New Construction Plan Reviews $125.00 21 EXHIBIT “C” ADDITIONAL CONSULTANT RESPONSIBILITIES 1.01 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all descriptions used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted work, until final acceptance of the work by the Town. 1.02 The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the subcontractor. 1.03 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the Town. The Contractor shall be as fully responsible to the Town for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it. 1.04 Precaution shall be exercised by the Contractor at all times for the protection of persons, (including employees) and property. All existing structures, utilities, roads, services, trees and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the Contract, and the Contractor shall be held responsible for any damage to property occurring by reason of its operation on the property. 22 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.1 Discuss and take appropriate action regarding a resolution to renew membership in the Texas Building and Procurement Commission Cooperative Purchasing Program (TBPC Co-Op). EXPLANATION: This is a state based buying cooperative that enables staff to save money on a variety of purchases from technology to equipment and vehicles. The annual cost is $100. This would begin our third year of participation. http://www.tbpc.state.tx.us/ ACTION BY COUNCIL: (bg) Attachments: 1. Resolution 2. Letter from Texas Building and Procurement Commission 23 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2006- A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING PARTICIPATION IN THE TEXAS BUILDING AND PROCUREMENT COMMISSION COOPERATIVE FOR THE PURCHASE OF GOODS AND SERVICES UNDER STATE CONTRACTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Building and Procurement Commission is authorized to provide purchasing services for local governments pursuant to TITLE 8, SUBTITLE C. Chapter 271, Subchapter D. sections 271.082 and 271.083 of the Local Government Code; and WHEREAS, the Town Council of Trophy Club is a local government defined as an entity qualified to participate in the Cooperative Purchasing Program of the Texas Building and Procurement Commission pursuant to section 271.081 of the Local Government Code; and WHEREAS, in accordance with the requirements of section 113.85(a) of the Texas Building and Procurement Commission administrative rules, the Agents of Record, Brandon Emmons, Town Manager and Lisa Ramsey, Town Secretary, are authorized to execute any and all documentation for The Town of Trophy Club pertaining to its participation in the Texas Building and Procurement Commission Cooperative Purchasing Program; and WHEREAS, the Town acknowledges its obligation to pay annual participation fees established by the Texas Building and Procurement Commission for a period up to three (3) years. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the foregoing recitals stated in the preamble are found to be true and correct and are deemed incorporated into the body of this Resolution as if copied herein in their entirety. Section 2. That the Town of Trophy Club hereby requests that the Texas Building and Procurement Commission approve the Town of Trophy Club for participation in the Texas Building and Procurement Commission Cooperative Purchasing Program. Section 3. That the Town acknowledges its obligation to pay the annual participation fee for the Texas Building and Procurement Commission Cooperative 24 Purchasing Program for the 06-07 budget year, and subject to annual funding approval, acknowledges the Town’s continued participation for two (2) additional years. Section 4. That this Resolution shall become effective from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of December, 2006. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: Lisa Ramsey, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas 25 26 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.2 Discuss and take appropriate action regarding the expenditure of GASB/34 funds for the financial and utility billing software upgrade. EXPLANATION: STW, our current financial and utility billing software has stopped providing enhancements for the version of software we are utilizing. They have developed a new web based product that runs on a windows based server. With the new product, we will have enhanced reporting as well as a report repository. It also provides simple document management to organize the paper trail within STW. Since it’s web based, the interface has simplified and the menu is customized for easy access. We will have the ability to take online credit card payments for fast and simple transaction for utility billing payments. With this migration, our system will better serve the employees and our citizens. The upgrade was approved in this year’s budget and will be a split cost between the Town and MUD. The total expenditure for each entity is projected at $39,174. With Council approval, this expenditure will be funded from our GASB/34 account which was $118,647 as of 11/22/2006. The new version will provide the following features: 1. The web interface allows citizens to review their usage/history all online without contacting the MUD/Town, providing even more self-service capabilities to our citizens. 2. The ability to make utility billing payments online. The Credit Card information is not maintained on our servers, instead it is sent to the credit card clearinghouse for processing. A confirmation e-mail is generated to the payee and a confirmation number is entered back into STW. The system is updated as fast as it receives the confirmation. 3. Simple document management. When we receive a bill for services, we could can scan it in and attach it to an account. We then can pull up the account and see all the attached documents. Reviewing the documents can be done by all the managers for a more streamlined service. 27 4. Reporting repository. All reports related to system updates which cannot be reproduced at a later time, are automatically placed in the system report repository. These can be viewed instead of printed and still remain in the report repository. Some clients are printing 70% less by using the report repository. 5. www.2turniton.com free integration for citizens to sign up for new water services. The system will fill in about 80% of the data so the UB clerk does not have to do it. 6. Easy web browser based access. There is no client software to maintain. Just a standard web browser. 7. Remitplus package provides quick and accurate reading of billing coupons and checks into STW. The system also keeps the images of the checks. 8. Windows platform is for easier system maintenance and control. 9. Enhanced reporting and report writing functionality with a powerful end user reporting GUI tool. 10. Report Repository. Can be search indexed for quick responses. 11. 100% data conversion guaranteed. Previous history is brought forward to the new system. 12. Multiple reports. Several different types of can be directly e-mailed within STW. 13. The ability create customized menu for any specific user for easier navigation. Note: This upgrade does not enable the court to take online payments. The court package is provided from a different vendor. RECOMMENDATION: Staff recommends the expenditure of GASB/34 funds to upgrade our current software package. ACTION BY COUNCIL: (mp) Attachments: 1. STW Quote 2. Dell Server Quotes 3. RemitPus Quote 28 29 30 31 32 33 34 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.3 Discuss and take appropriate action regarding an Interlocal Agreement with the City of Southlake for Animal Control Services, and authorizing the Mayor or his designee to execute necessary documents. EXPLANATION: This interlocal agreement for Animal Control Services will provide for emergency back- up for vacations, vacations as well as situations that would overwhelm either municipality’s resources. ACTION BY COUNCIL: (bg) Attachments: 1. Agreement 35 Exhibit “A” Animal Control Mutual Aid Agreement This Agreement is made and entered into this ______ day of __________, 2006, by and between the Town of Trophy Club, Texas, and the City of Southlake, Texas, which comprise the participating agencies (“Participating Agencies”). W I T N E S S E T H: WHEREAS, each of the parties to this Agreement provide Animal Control Services or have jurisdictional authority within their respective territorial limits; and WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas Government Code; WHEREAS, it is important that all parties coordinate their efforts in order to assure their customers that all reasonable efforts are being expended to provide them with adequate Animal Control Services; WHEREAS, in response to an increasingly complex environment, the Participating Agencies wish to pool their collective resources in order to secure, operate, and maintain Animal Control Services in emergency situations, in the absence of a regular animal control officer or any acts of God. Section 1. Definitions 1. “Requesting Party” means any party to this Agreement that requests assistance from any other party to this Agreement in accordance with the terms of this Agreement. 2. “Assisting Party” means any party to this Agreement rendering assistance to a Requesting Party under the terms of this Agreement. 3. “Officer-in-Charge” means that person, or his designee/s, who is a Department or Agency head with the authority and primary responsibility for Animal Control/Rabies Control within the jurisdiction or territory of a Participating Agency. 4. “Third Party” means a person or entity not a party to this Agreement. Section 2. 36 Services Each Participating Agency hereby agrees to provide, upon request from another party hereto, aid and assistance in responding to Animal Control Service emergency situations occurring within the jurisdiction of the Requesting Party. Such aid may consist of support personnel, equipment, Animal Control emergency response vehicle/s and trailer/s or other emergency assistance for an emergency occurring within the territorial limits of the Requesting Party. Such emergencies may include, but not be limited to; Animal Control facility breakdowns creating a demand for Animal Control Services greater than capacity, power outages, explosions, floods, earthquakes, or other acts of God; or an absence of qualified personnel. Assistance shall be contingent upon the availability of the Assisting Party’s Animal Control resources, equipment, and personnel. The determination of the amount, type, and extent of assistance to be extended upon any request shall lie solely within the discretion of the Officer-in-Charge of the Assisting Party. The Assisting Party may order the return of any or all of its personnel or equipment to its own jurisdiction at any time. The rendering of assistance under the terms of this Agreement is not mandatory, but the Assisting Party should immediately inform the Requesting Party if, for any reason, assistance cannot be rendered, or continued to be rendered. In rendering mutual assistance, each Requesting Party and Assisting Party shall be responsible for the provision and maintenance of its own equipment. Section 3. Authority Each Participating Agency shall designate an Officer/s-in Charge, who shall have authority to request aid from the other Participating Agencies. Upon the execution of this Agreement, each Participating Agency shall notify the other Participating Agency of the names, addresses, telephone number, and fax number of the designated Officer/s- in-Charge and shall provide notice of any future changes. Any notices shall comply with the provision set forth in Section 12. The Participating Agencies agree that details concerning the methods of requesting assistance and such other planning as my be necessary to effectuate the purpose of this Agreement may be performed by the designated Officer/s-In-Charge, so long as the practices and policies conform to this Agreement with respect to public liability. A Requesting Party shall have and exercise joint control in conjunction with any Assisting Party to assign personnel to places where they are needed. However, the Officer-In Charge for any Assisting Party shall be responsible for exercising exclusive control over his personnel in response to the general directions of the Requesting and Assisting Parties. Furthermore, employees of the Assisting Party engaging in mutual aid retain all the rights and protections afforded to employees of that party. 37 Section 4. Action Plan An Action Plan will be developed by the Officer-in Charge of the Participating Agencies for the purpose of designating an emergency management team, and alternates, which will coordinate responses to regional and geographical Animal Control emergencies. The Action Plan will at a minimum establish the following: 1. An inventory of available equipment and resources. 2. A 24/7 point/s of contact within each Participating Agency. Section 5. Coordination Emergencies include, but are not limited to, the following: 1. Facilities experiencing full or partial failure and are unable to meet the collective demands of the Participating Agency. 2. A shortage of Animal Control personnel and/or equipment at the Participating Agency. 3. Acts of God. Actual measures for dealing with such emergencies will be developed by the Officer-in-Charge of the Participating Agencies under the aforementioned Action Plan and may change from time-to-time, as necessary. Section 6. Unrelieved Obligations This Agreement does not relieve any party from the necessity and obligation of furnishing adequate Animal Control Services and supplies within its own jurisdiction. Section 7. Responsibilities for Damages and Injuries A Requesting Party shall indemnify, defend and hold harmless an Assisting Party, its officers, agents and employees, against any claims for damages and injuries occurring as a result of an act or omission arising out of the rendering of aid to the Requesting Party pursuant to this Agreement subject to the statutory limitations on liability provided by Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. However, the Requesting Party shall not have duty under this Section to defend, indemnify or hold harmless the Assisting Party, its officers, agents and employees against any allegations concerning or arising out of acts or omissions of the Assisting 38 Party, its officers, agents and employees which were outside the scope of the requested aid. The Assisting Party shall not be responsible for any loss to the Requesting Party which may result from the delay or inability of the Assisting Party to respond promptly for whatever reason to any request for mutual aid from the Requesting Party. Each Participating Agency hereby waives all claims against the other Participating Agency for compensation for any loss, property damage, personal injury or death occurring as a consequence of the performance of this Agreement. The Requesting Party shall not reimburse the Assisting Party for costs incurred in responding pursuant to this Agreement. It is further understood and agreed that, in the execution of this Agreement, neither Participating Agency waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and or other legal functions. Section 8. Compensation / Insurance No monetary compensation shall be required of any Participating Agency for the services rendered under this Agreement. Personnel who perform duties pursuant to this Agreement shall receive the same wage, salary, pension, injury, or death benefits, worker’s compensation benefits, payment of expenses, and all other compensation and rights for the performance of those duties, as they would have received for their regular duties in the service of the city by which they are employed. Each Participating Agency shall be solely responsible for the payment of its costs associated with providing equipment, supplies and personnel under this Agreement. Performance of the respective covenants contained herein shall constitute sufficient consideration for the enforceability of this Agreement. Each party will bear its own costs rendering mutual aid to another party hereto. Each Participating Agency must provide and maintain liability insurance or show proof of self-insurance, as required under Texas law. All payments for services provided hereunder shall be made from current revenues legally available to each of the parties respectively. Section 9 Reports After an occurrence wherein mutual aid was requested and given, all parties participating in said occurrence of mutual aid shall make available to other Participating Agencies all reports arising out of such operation. However, nothing in this provision shall purport to waive, limit or remove the duties of confidentiality imposed or allowed by law as to any such reports or the contents thereof. 39 Section 10. No Third Party Rights This Agreement shall not be construed as, nor deemed to be, an Agreement for the benefit of any Third Party or Parties, and no Third Party or Parties shall have a right of action hereunder for any cause whatsoever. No party to this Agreement intends to benefit any person who is not names as a party to this Agreement. Section 11. Term This Agreement shall commence as of the date first above mentioned and shall renew automatically from year-to-year, for a period of ten (10) years unless otherwise modified or terminated as provided hereinafter. Termination by a Party shall become effective by said Party giving the other parties thirty (30) days’ written notice of its intent to terminate participation in this Agreement. Section 12. Notices Any notice to one party from another under this Agreement shall be submitted by either e-mail or by U.S. mail to such address designated below or to such other address as may hereafter be designated by a party by written notice thereof to the others. Town of Trophy Club Community Development Department Attn: Beth Ann Gregory. Director 100 Municipal Drive Trophy Club, TX 76262 O: 682.831.4685 C: 817.538.2895 E: bgregory@ci.trophyclub.tx.us City of Southlake Attn: Chief Wade Goolsby 667 N. Carroll Ave. Southlake, TX 76092 O: 817-748-8120 C: 817-228-1090 E: wgoolsby@ci.southlake.tx.us Section 13. Partial Invalidity Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable for any reason by a court of law, such a determination 40 shall not render any other section or any other portion of any section of this Agreement void, invalid or unenforceable. Section 14. Integration The preparation, delivery and execution of this Agreement by the parties has not been induced by any agreements, representations, statement or warranties other than those expressed herein. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties resulting to the subject matter hereof unless expressly referred to herein or expressly incorporated herein by reference thereto. Section 15. Modification The parties agree that this Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. The parties reserve the right to modify this agreement. Any modifications of this Agreement shall be in writing and signed by all parties to this Agreement, and affixed to each original Agreement. Section 16. Counterparts This Agreement may be signed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same Agreement. Section 17. Venue Each Participating Agency agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County, Texas. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. TOWN OF TROPHY CLUB, TEXAS 41 _______________________________ Brandon Emmons Town Manager ATTEST: ______________________________________ Lisa Ramsey, Town Secretary APPROVED AS TO FORM: ______________________________________ Patricia Adams, Town Attorney CITY OF SOUTHLAKE, TEXAS ________________________________ Name: Title: ATTEST: __________________________________________ City Secretary APPROVED AS TO FORM: __________________________________________ City Attorney 42 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.4 Discuss and provide input regarding the Town of Trophy Club's future annexation plans and discuss and take appropriate action regarding the approval or denial of a Resolution directing the Planning and Zoning Department, through the Town Manager, to prepare a service plan for that certain part of the Town's extraterritorial jurisdiction described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832. EXPLANATION: The purpose of this item is to provide staff with input regarding annexation of land in the Town's ETJ. Additionally, it will also give land owners the opportunity to give input regarding future annexations. The affected landowners were notified via U.S. Mail on November 28, 2006 of the placement of this agenda item on the December 4, 2006 Council agenda. If Council determines that it is interested in pursuing annexation of property in the ETJ, the first step is to direct the Planning and Zoning Department to prepare a service plan that provides for the extension of full municipal services to the annexed area. Those services must be provided by any methods by which the Town extends those services to any other area of the Town. In the event that Council decides to move forward, a Resolution is provided below. The Resolution documents Council direction to the Planning and Zoning Department through the Town Manager to prepare a service plan. Attachments: 1. Resolution 43 TOWN OF TROPHY CLUB RESOLUTION NO. 2006-____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, DIRECTING THE PLANNING AND ZONING DEPARTMENT THROUGH THE TOWN MANAGER TO PREPARE A SERVICE PLAN FOR AN AREA OF LAND LOCATED IN THE TOWN’S EXTRATERRITORIAL JURISDICTION WHICH IS PROPOSED FOR ANNEXATION DESCRIBED GENERALLY AS APPROXIMATELY 21.1346 ACRES IN THE M. MEDLIN SURVEY, A-832 AND DESCRIBED MORE FULLY IN EXHIBIT “A”; AND REQUIRING THAT SUCH SERVICE PLAN PROVIDE FOR THE EXTENSION OF FULL MUNICIPAL SERVICES TO THE AREA PROPOSED FOR ANNEXATION IN ACCORDANCE WITH ALL LEGAL REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality empowered by Texas Constitution, State law and Home Rule Charter to fix boundaries of the Town and to provide for the alteration or the extension of those boundaries, pursuant to any laws of the State of Texas now or hereinafter enacted, with or without the consent of the owners or inhabitants of such territory. WHEREAS, the Town of Trophy Club has expressed an interest in the potential annexation of an area of land located within the Town’s extraterritorial jurisdiction described generally as approximately 21.1346 acres in the M. Medlin Survey, A-832 and which is more fully described in Exhibit “A”, a copy of which is attached hereto and incorporated herein; and WHEREAS, in order to commence the annexation process, the Town Council has determined it necessary to direct the Town Planning and Zoning Department, through the Town Manager, to prepare a service plan for the land described in Exhibit “A”; and WHEREAS, the service plan shall provide for the extension of full municipal services to the area proposed to be annexed as applicable and required by State law; WHEREAS, Town Council finds and determines that a valid governmental purpose is served by proceeding with the service plan for the area proposed for annexation; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: 44 Section 1. That the foregoing premises are found to be true and correct and that the Town Planning and Zoning Department, through the Town Manager, is hereby directed to prepare a service plan that provides for the extension of full municipal services to the area proposed for annexation, as described in Exhibit “A”. Section 2. That the service plan meet all the requirements and provide for the extension of services in accordance with the timelines set forth in State law. Section 3. That this Resolution shall take effect immediately upon its passage in accordance with law. PASSED AND APPROVED ON THIS 4th DAY OF DECEMBER, 2006. _____________________________________ Nick Sanders Mayor, Town of Trophy Club, Texas ATTEST: _______________________________________ Town Secretary, Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: _________________________________________ Town Attorney, Town of Trophy Club, Texas 45 Exhibit “A” 46 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.5 Items for Future Agenda. List: • Discuss and take appropriate action relative to an Ordinance amending Chapter 1 of the Code of Ordinances of the Town, entitled "Administration", Article VIII, entitled "Schedule of Fees", amending Section 8.15, entitled "Parks and Recreation."(12/18) • Discuss and take appropriate action regarding a Resolution repealing Resolution No. 2001-01 and adopting the Municipality of Trophy Club Handbook for Elected and Appointed Officials. (12/18) • Building Standards Commission for the Town. (1/8/06) • Discuss and consider an Ordinance requiring bicycle helmets and bicycle laws. • Review of the Property Maintenance Ordinance. • Discuss and take appropriate action regarding an Ordinance amending Chapter 14 entitled "Design Standards", Figures 1-7, 1-8 and 1-9 of Section 1 entitled "Roadway Design" of the Code of Ordinances of the Town. • Discuss and provide input relative to an Ordinance amending the Chapter 3, Article XII Standards for the Repair, Removal or Demolition of Substandard Buildings. • Discussion about storm water discharge from pools. • Discuss and appropriate action regarding a policy for accepting gifts. • Discussion of drainage ditch that runs between Village Trail and Lakeshore Drive and consideration of improvements for area to create a linear park. • Discuss and take appropriate action relative to an Ordinance amending Article IV, "Sign Regulations", Chapter 5 of the Code of Ordinances, entitled "General Land Use", by amending Sections 4.05. (relative to political signs and quantity per commercial lot.) • Discuss and take appropriate action to repeal Ordinance 1987-07 and approve an Ordinance establishing the Town's Emergency Management System. • Ordinance to designate The Town of Trophy Club a "Smoke Free" Town. • Ordinance to remove uninsured vehicles from the streets of Trophy Club by impounding the vehicle until the vehicle is properly insured and inspected. • Ordinance to impound any vehicle that is being driven on the streets of Trophy Club when the driver does not have a current or valid Drivers License. 47 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.C.6 Reports. 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. (a) Town Council report from EDC 4A Liaison, Council member Edstrom, and EDC 4B Liaison, Council member Sterling. (b) Town Manager's Report. Attachments: 1. None 48 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.D.1 Pursuant to Texas Government Code §551.073, Deliberation Regarding Prospective Gift, and § 551.071(a) and (b) Consultation with Attorney, Council will enter into executive session to deliberate a negotiated contract for a prospective gift or donation to the governmental body where deliberation in an open meeting would have a detrimental effect on the position of the Governmental body in negotiations with a third person and to consult with the Town Attorney on pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with the open meetings act: a. Proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, and proposed "charitable dedication" by Beck Properties 49 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.D.2 Discuss and take appropriate action relative to Executive Session Item Number D1, proposal by Beck Properties to resolve disputed park land dedication matters, release of claims, proposed "charitable dedication" by Beck Properties and matters related to the parkland dedication dispute and its resolution. EXPLANATION: RECOMMENDATION: ACTION BY COUNCIL: Attachments: None 50 COUNCIL MEMORANDUM From: The Office of the Town Manager Date: 12-4-2006 Subject: Agenda Item No.E.1 Adjourn.