RES 1998-23TOWN OF TROPHY CLUB, TEXAS
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A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS APPROVING AN
INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE
SERVICES BY AND BETWEEN THE TOWN AND TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1;
AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE THE AGREEMENT; PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. The Town Council does hereby approve the Intergovernmental Contract
for Employee Services by and between the Town and Trophy Club Municipal Utility District
No. 1, at true copy of which is attached hereto and incorporated herein by this reference as
Exhibit "A. "
Section 2. The Mayor of the Town is hereby authorized and directed to execute the
said Contract on behalf of the Town.
Section 3. This Resolution shall become effective from and after its date of passage
as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the —15th day of September 1998.1/1' /
r, Town of Tr by Club, Texas
ATTES
Town Secretary, I/
Town of Trophy Club, Texas
[SEAL]
APP 0 AS TO FORM:
/LED
Town Attorney,
Town of Trophy Club, Texas
DOC #: 634371
INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES
1. Parties. This Intergovernmental Contract for Employee Services (the "Contract") is
between the following parties:
Trophy Club Municipal Utility District No. 1 (the "District")
100 Municipal Drive
Trophy Club, Texas 76262
The Town of Trophy Club, Texas (the "Town")
100 Municipal Drive
Trophy Club, Texas 76262
The District is a municipal utility district created and operating under the provisions of Article
XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including,
particularly, Chapter 54 of the Texas Water Code, as amended. This Contract is signed by the
District in its capacity as the owner of legal title and operator of common utility facilities in the
Trophy Club project.
The Town is a general law municipal corporation duly organized and operating pursuant to the
Constitution and laws of the State of Texas.
2. Background and Purposes.
A. The District and the Town each perform certain governmental services or functions
within their respective jurisdiction. The District and the Town have each had their own
employees to perform various services and functions. The District and the Town desire to
cooperate and contract with each other for all employees of the District to become employees on
the payroll of the Town so that employment salaries, benefits, and personnel policies may be
administered more efficiently, effectively, and economically, but with the employees performing
services that have prior to this Contract been part of the District's activities and supervised by the
Board of Directors of the District to remain under the supervision of the Board of Directors of
the District. This Contract is to confirm the agreement of the parties with regard to the
employment services to be provided by the Town for the District.
B. This Contract is executed by the District and the Town as an intergovernmental or
interlocal contract under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government
Code.
C. This Contract has been authorized by the governing body of each party to this
Contract. The governing body of each parry to this Contract has determined that the terms and
provisions of this Contract are desirable, fair, and advantageous for that party.
3. Employment Services. As of the effective date of this Contract, all employees of the
District shall become employees of the Town, with the Town responsible on and after the effective
date for all salary, benefits, and other compensation of such employees and with such employees
thereafter subject to the personnel policies of the Town. A list of the employees and their job
descriptions affected by this Contract as of the effective date is attached to and made a part of this
Contract.
4. Compensation. As compensation for the services provided or to be provided to the
District by the Town under this Contract, the District agrees to pay to the Town at least monthly
an amount equal to the actual costs incurred by the Town for salary, benefits, and other
compensation of the affected employees. The term "actual costs" as used in this Contract means
those costs that the Town incurs over and above the cost that the Town would incur if it were not
providing employment services for the District. Whenever practical to do so, the Town will have
costs (other than employee costs) associated with District functions charged directly to the
District, such as training expenses, travel, and supplies.
5. Control. This Contract is intended to provide for the furnishing of employment services
by the Town as a contractor or agent for the District. The District retains all right, power, and
control that it has by law to set policies and to make decisions regarding the performance of work
for the District. While this Contract is in effect, the Town agrees to follow the District's policies
and decisions in performing work for the District. As new or additional employees are needed
to perform services for the District, the selection, compensation, benefits, and job description of
each such employee must be approved by the District, and the discipline of each employee
performing services for the District is at the discretion of the District.
Nothing in this Contract shall be interpreted as an abdication by the District of its governmental
rights, powers, and duties with regard to services provided by the District.
Decisions by the District under this Contract shall be made by the Board of Directors of the
District or by its designated officer(s) or agents. The person designated as the District Manager
for the District shall be supervised and directed by the Board of Directors of the District. The
person designated as the Assistant District Manager for the District shall be supervised and
directed by the District Manager, subject to the general supervision and direction by the Board
of Directors of the District. All other Town employees performing services for the District shall
be supervised and directed by persons designated as the District Manager or Assistant District
Manager.
The Town agrees to follow the District's recommendations for selection, compensation, benefits,
job description, and discipline of each employee performing services for the District. The District
2
shall not be required to fund any decision that it has not approved regarding an employee
performing services for the District.
6. Liability; Insurance. The Town shall be responsible for the acts, negligence, and
omissions of its employees providing services for the District. The parties to this Contract shall
jointly obtain insurance coverages as they deem appropriate to insure the work done by the
employees under this Contract, with both parties named as insured under such insurance policies.
7. Further Cooperation. The parties to this Contract agree to cooperate to sign and deliver
any other documents that may be necessary or appropriate to implement the provisions of this
Contract.
S. Termination. This Contract may be terminated by either party at any time upon written
notice to the other party.
9. Execution and Date. This Contract is signed by the parties in multiple counterparts.
This Contract is dated and shall be effective for all purposes as of October 1, 1998.
TROPHY CLUB MUNICIPAL UTILITY
DISNtO. 1
7G
t
(4--
T.
A. Neidenberger
President, Board of Directors
Attest:
Dean Henry
Secretary, Board of Directors
H:\STOR\RGW\MUD\EMPLOYEE.CON-22Seo98
3
TOWN OF'TROPHY CLUB, TEXAS
EZ
James P. Carter/
Mayor
Attest: 7
By:
Diane Cockr ll
Town Secretary
shall not be required to fund any decision that it has not approved regarding an employee
performing services for the District.
6. Liability, Insurance. The Town shall be responsible for the acts, negligence, and
omissions of its employees providing services for the District. The parties to this Contract shall
jointly obtain insurance coverages as they deem appropriate to insure the work done by the
employees under this Contract, with both parties named as insured under such insurance policies.
7. Further Cooperation. The parties to this Contract agree to cooperate to sign and deliver
any other documents that may be necessary or appropriate to implement the provisions of this
Contract.
8. Termination. This Contract may be terminated by either party at any time upon written
notice to the other party.
9. Execution and Date. This Contract is signed by the parties in multiple counterparts.
This Contract is dated and shall be effective for all purposes as of October 1, 1998.
TROPHY CLUB MUNICIPAL UTILITY
DIS NO. 1
T. A. Neidenberger
President, Board of Directors
Attest:
By: 1 14 a a,.,
Dean Henry
Secretary, Board of Lectors
H:\STOR\RGW\MUD\EMPLOYEE.CON-22Sep98
N
TOWN OFTROPHY CLUB, TEXAS
James P. Carter/
Mayor
Attest:
By:
Diane Cockr 11
Town Secretary
As the effective date of this Contract, the following is a list of employees that will be
performing services for the District and their job title or general job descriptions:
Name
Job Title or General Job Description
1.
Unger, Roger A.
District Manager
2.
Morgas, Cathy M.
Assistant District Manager
3.
Monahan, James J.
Field Superintendent
4.
Daughtry, Jesse Robert
Waste Water Treatment Plant Superintendent
5.
Gonzales, Dorothy Renae
Bookkeeper
6.
Scott, Robert L.
Field Staff
7.
Womack Jr., Adrian Reed
Field Staff
8.
Gilliam, Preston E.
Field Staff
9.
Lane, David R.
Field Staff
10.
Thomas, Danny
Fire Department (part time)
11.
Greenwood, Rodney C.
Field Staff
12.
Roberts, Dewayne T.
Field Staff
13.
Isbell, Curtis L.
Field Staff
14.
Richey, Jeffrey L.
Field Staff
15.
Beattie, Michael S.
Field Staff
16.
McMahon, Mike
Field Staff
17.
Schleifer, Corey J.
Field Staff
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