Loading...
RES 1999-12U NORM NO 1319M NE11►•� t WHEREAS the Town of Trophy Club is a general law municipality organized and operating pursuant to the constitution and the laws of the State of Texas; WHEREAS under chapter 791 of the Texas Government Code authorizes the Town of Trophy Club to enter into interlocal contracts with other local governments; WHEREAS the Town Council has reviewed the contract and has determined that the terms of the Contract are desirable, fair, and advantageous for the Town of Trophy Club. NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Trophy Club, Texas: SECTION I The Contract for Town of Trophy Club/Westlake Department of Public Safety, a true and correct copy of which is attached hereto and incorporated herein, is hereby approved. The mayor is authorized to execute the agreement on behalf of the Town; SECTION H EFFECTIVE DATE This resolution shall take effect from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on THIS 1st day of .Tune , 1999. Mayor of Trophy ClUb, Texas RESOLUTION RE: TROPHY CLUS/WESTLAKE CONTRACT DPS PAGE I S:\SHARE\LAW_WP\TIFFANY\Trophy Club\Resolutions\TCWL.DPS i "-- Tiffanlaertling, City At 4= dmev RESOLUTION RE: TROPHY CLUB/WESTLAKF DPS PAGE 2 S:\SFIAR-E\LAW—WP\TIFFANY\Tropliy Club\Resolufions\TCWL.DPS DRAFT DATED 6/2/99 4:02 pm CONTRACT FOR TROPHY CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY 1. Parties. This Contract for Trophy Club/Westlake Department of Public Safety (the "Contract") is between the following parties: The Town of Trophy Club, Texas ("Trophy Club") 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club Municipal Utility District No. 1 ("TCMUDI") 100 Municipal Drive Trophy Club, Texas 76262 Trophy Club Municipal Utility District No. 2 ("TCMUD2") 100 Municipal Drive Trophy Club, Texas 76262 and The Town of Westlake, Texas ("Westlake") 3 Village Circle, Suite 207, Solana Westlake, Texas 76262 Trophy Club and Westlake are each general law municipalities organized and operating pursuant to the Constitution and laws of the State of Texas and located in Denton and Tarrant Counties, Texas. TCMUD 1 and TCMUD2 are each municipal utility districts 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, and located in Denton and Tarrant Counties, Texas. TCMUDI and TCMUD2 are each authorized to provide fire protection services under Section 49.351 of the Texas Water Code. Trophy Club, TCMUD 1, and TCMUD2 are collectively referred to in this Contract as "the Trophy Club entities." 2. Background Purposes. A. Trophy Club provides police protection to residents of Trophy Club and now owns, operates, and maintains facilities and equipment and employs personnel to provide such services. Trophy Club also has provided such services to Westlake pursuant to an Amended and Restated Law Enforcement Services Agreement effective September 1, 1993, and amended as of February 21, 1995. B. Trophy Club provides emergency medical services to residents of Trophy Club and now owns, operates, and maintains facilities and equipment and employs personnel and utilizes volunteers to provide such services. Trophy Club also has provided such services to Westlake pursuant to an Emergency Medical Services Agreement effective September 1, 1996. C. TCMUDI provides fire protection services to residents and property within its boundaries and now owns, operates, and maintains facilities and equipment and employs personnel and utilizes volunteers to provide such services. TCMUDI also provides such services to TCMUD2 pursuant to a Contract for the Provision, Operation and Maintenance of Water Supply and Waste Disposal Facilities dated December 1, 1982, as amended (commonly referred to as the "Master District Contract"). TCMUDI also provides such services to Westlake pursuant to a Fire and Rescue Services Agreement effective June 6, 1994. D. TCMUD2 provides fire protection services to residents and property within its boundaries pursuant to the agreement with TCMUDI referred to in Paragraph 2.0 above. E. This Contract is to confirm the agreements of the parties to this Contract to provide governmental functions and services relating to police protection, municipal court services, fire protection, and emergency medical services in a Trophy Club/Westlake Department of Public Safety (the "Department") for the mutual benefit of the parties to this Contract and their respective residents and customers. The parties believe that by cooperating and contracting with each other for the establishment of the Department, their governmental functions and services relating to police protection, municipal court services, fire protection, and emergency medical services will be provided more efficiently, effectively, and economically. F. This Contract is executed by the parties as an interlocal contract among local governments under Chapter 791 (the Interlocal Cooperation Act) of the Texas Government Code to jointly provide governmental functions and services that the parties to the contract are authorized to perform individually, as allowed by Section 791.011(c)(2) of the Texas Government Code. G This Contract has been authorized by the governing body of each party to this Contract. The governing body of each party to this Contract has determined that the terms and provisions of this Contract are desirable, fair, and advantageous for that party. 3. Effective Date. This Contract is effective when signed by all parties to the Contract, but with service to begin pursuant to the Contract as of October 1, 1999. 4. Term, Automatic Extension. Services will be provided under this Contract for a minimum term of five (5) fiscal years starting on October 1, 1999, and ending on September 30, 2004, but as of October 1 each year, beginning in 2000, the expiration date of this Contract shall automatically be extended by one additional fiscal year, so that there is always a new minimum N term of five (5) fiscal years beginning each October 1, unless and until this Contract is terminated as provided in Paragraph 14 below. 5. Service Area. This Contract shall apply to all territory within the boundaries of Westlake, Trophy Club, TCMUD 1, TCMUD2, and other areas currently served by one or more of the parties to this Contract under County Mutual Aid Contracts with Denton County or Tarrant County, as though all such territories were a single entity and service area, including any territory legally annexed by one of the parties to this Contract subsequent to the effective date of this Contract. A map of the service area initially covered by this Contract is attached to and made a part of this Contract as Exhibit A. Parties or territory outside the boundaries of the parties to this Contract may be added to this Contract only upon the prior written consent of all parties to this Contract and the execution of an appropriate amendment to this Contract. 6. Equipment and Facilities. The equipment and facilities (other than the real estate assets) of the Trophy Club Fire Department and the Trophy Club Department of Public Safety existing as of the effective date of this Contract shall be dedicated to the Department under this Contract as of the effective date of this Contract, but legal ownership of such assets shall not change. The police station (DPS building) and fire station in Trophy Club will be leased to the Department at a rental rate of $1 per year, plus the Department will pay all operating costs, utilities, and maintenance relating to the facilities during the term of the lease. At such time as the DPS Board determines that these facilities are no longer necessary for the performance of the duties of the Department, the DPS may terminate the lease of the facilities and possession of each facility will revert to the Trophy Club entity that owns such facility. The remaining principal and interest payments on the police station will be totally funded by the Town of Trophy Club. The fire station is owned free and clear of debt. A list of the assets dedicated to the Department by each party is attached to this Contract as Exhibit B. On and after the effective date of this Contract, any new equipment and facilities shall be acquired in the name of the Department with funds provided by the parties to this Contract as part of the annual budget or special capital contributions. 7. Employees and Volunteers. As of the effective date of this Contract, all employees of Trophy Club and TCMUD 1 with job responsibilities primarily for police protection, municipal court services, fire protection, and emergency medical services under the control of the Department shall initially be paid by the Department but through the Town of Trophy Club and such employees shall receive benefits administered by the Town of Trophy Club subject to existing contracts. All volunteers shall be treated as volunteers to Trophy Club/Westlake. The DPS Board in its discretion, and subject to the approval of the governing bodies of the parties to this Contract, may alter this method of providing payment and benefits to employees and treatment of volunteers. S. DPS Board. The operation of the Department under this Contract shall be supervised by a Trophy Club/Westlake Department of Public Safety Board (the "DPS Board"). The DPS Board 3 shall consist of six members each serving a term of three years, with the terms staggered so that the terms of two members (one from Westlake and one from the Trophy Club entities) expire each year. Three of the DPS Board members shall be appointed by the Board of Aldermen of Westlake. The Town Council of Trophy Club, the Board of Directors of TCMUD 1, and the Board of Directors of TCMUD2 shall each appoint one member of the DPS Board. At the first meeting of the DPS Board, the members of the DPS Board shall draw straws or slips of paper to determine which of the initial appointments shall expire at the end of one year, at the end of two years, and at the end of three years, in order to establish the staggered schedule, with one appointment from Westlake and one appointment from the Trophy Club entities to expire at the end of each of the first three years. In the event that a member of the DPS Board resigns or is not able to complete his or her term for any reason, a successor shall be appointed by the same party to this Contract that had appointed the person resigning or vacating the Board position to fill that position for the remaining term that was vacated. When the term of an appointee to the DPS Board expires, the resulting vacancy on the DPS Board shall be filled by appointment by the same party to this Contract that had appointed the person whose term expired. The City Manager from the Town of Westlake, the City Manager from the Town of Trophy Club, and the District Manager of the Trophy Club MUDs shall be non-voting ex -officio members of the DPS Board. The members of the DPS Board shall select one Board member to serve as Chairman, to serve for a one year term. The Chairmanship shall rotate between Westlake and the Trophy Club entities on an annual basis. Whichever entity is providing the chairmanship for the year shall also provide secretarial support for that year. In the event of a tie vote on the same agenda item at two consecutive meetings of the DPS Board, the dispute will be submitted to binding arbitration by a single independent arbitrator selected through the Dallas office of the American Arbitration Association and using the rules of commercial arbitration of the AAA, and with Westlake and the Trophy Club entities each paying one-half the expenses of the arbitration. The DPS Board shall have authority to set policies and procedures for the Department, subject to the review and approval of the governing bodies of the parties to this Contract. Until such time as new policies and procedures are adopted by the DPS Board, the Department of Public Safety Standard Operating Procedures in effect for Trophy Club on the effective date of this Contract shall be in effect for the Department. 9. Control. This Contract is intended to provide for the furnishing of governmental functions and services by the parties through the Department. Each party to this Contract 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 area of its jurisdiction. 4 Nothing in this Contract shall be interpreted as an abdication by a party of its governmental rights, powers, and duties with regard to services provided by the Department. 10. Budget and Funding. The DPS Board shall develop an annual budget for the operation, maintenance and proposed capital improvements and expenditures for the Department, and the share of the budget required of each party, and shall submit such budget and request for funding to the governing boards of the individual parties no later than July 1 of each year. The budget shall include all expenses arising from or relating to the maintenance and operation of the Department, including personnel costs, equipment and supplies, training, new facilities, and administrative costs, as provided in Exhibit C which is attached to and made a part of this Contract. The allocation of the budget to each party shall be based on the total valuation of property (both real and personal) within the respective parties to this Contract for ad valorem tax purposes on an annual basis, as follows: A. The budget for police protection, municipal court services, and emergency medical services shall be based on the total valuation of property within Westlake and Trophy Club, with each of those parties allocated its prorata part of the budget based on its prorata part of such total valuation. B. The budget for fire protection shall be based on the total valuation of property within Westlake less the portion of Westlake within TCMUDI, and the total valuation of property within Trophy Club plus the portion of Westlake within TCMUD 1, with Westlake allocated its prorata part of the budget based on its prorata part of such total valuation, and the remainder of the budget allocated to TCMUDI and TCMUD2 (to be divided between them as they may agree). Recognizing that Westlake and Trophy Club include territory located in two counties with different tax appraisal procedures, the allocation for the budget shall include a methodology for equalizing appraisal variances and computation of the budget allocations of each parry, as set forth in Exhibi _C which is attached to and made a part of this Contract. Once the budget has been approved by the governing bodies of the parties to this Contract and the share of the budget is allocated to each party as provided above, then each party to this Contract, acting through its governing board, must make its payments from current revenues available to the paying party in the manner its deems best, which may include user fees, ad valorem taxes, sales taxes, voluntary contributions, or other revenue sources. Payment from each party is due on January 1 of each year. If the amount due from a party is not received by the Department by January 31 of the year for which the allocation is due, then the amount due shall bear interest at the rate of 18 % per annum from February 1 and until paid. 5 Since the first fiscal year of the Contract (beginning October 1, 1999) will begin before the first full payment is due from each party on January 1, 2000, and to provide funding for the Department for the period from October 1 through December 31, 1999, each party agrees to make a payment to the Department on or before October 1, 1999, in an amount equal to an additional 25 % of the first year budget as set by the DPS Board. The DPS Board shall not have any taxing authority as a separate entity. If any parry does not pay its share of the budget by January 31 by the year for which the allocation is due (or by October 1, 1999, for the initial three month budget), any other parry to this Contract may (but is not required to) pay the amount required from the defaulting parry and recover the interest on the funds advanced for the defaulting party at the rate of eighteen percent (18%) per annum from the date paid and until reimbursed by the defaulting parry. To insure that the budget allocation process described in subparagraphs A and B above always continues to yield a fair and equitable distribution of Department expenditures among the participating entities, during the last year of the five-year initial term the DPS Board will review the budget allocation process and will recommend any necessary changes to each of the governing bodies of the parties to this Contract to change the method of determining those allocations at the end of the initial five-year term, with any changes to be effective as of the fiscal year beginning October 1, 2004. Consideration will include (but not be limited to) population, valuation, and service consumption. Additionally, upon majority consent of the DPS Board, this review may occur and changes may be recommended to the governing bodies of the parties to this Contract prior to the end of the five-year initial term. 11. Audit; Legal Counsel; Advisors. A separate independent audit of the Department shall be performed following the close of each fiscal year of the Department by an auditing firm selected by the DPS Board. The DPS Board also may employ separate legal counsel or other professional advisors, within the limits set by the approved annual budget. 12. Liability, Insurance. The DPS Board shall obtain insurance coverages as it deems appropriate and with an insurance carrier selected by the DPS Board to insure the work done by the employees and volunteers under this Contract, with all parties named as insured parties under such insurance policies. As provided in Section 791.006 of the Texas Government Code, the governmental unit that would have been responsible for furnishing fire protection services in the absence of this Contract shall be responsible for any civil liability that arises from the furnishing of such fire protection services. No party to this Contract waives or shall be deemed by this Contract to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 1.1 13. 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. 14. Termination. This Contract may be terminated by any party as of September 30, 2004, so long as notice to terminate is submitted in writing to all other parties by September 30, 2003. After September 30, 2004, this Contract may be terminated by any party as of September 30 of any year by written notice to all other parties delivered at least one (1) year in advance. Such termination by any one party to this Contract shall be occasion for reconsideration and amendment of this Contract. This Contract may be terminated at any other time or upon shorter notice only upon unanimous consent of all parties. Upon termination of this Contract, each asset dedicated to the Department pursuant to this Contract shall be returned to the party that originally dedicated such asset to the Department. Assets that were acquired by the Department during the term of this Contract shall be divided by the parties and conveyed to individual parties as they may agree among themselves, but on a prorata basis based upon the relative funding contributions made by the parties during the three year period immediately prior to the effective date of the termination. The value of particular assets shall be determined by a current appraisal of the assets of the Department to be divided, to be prepared by a mutually agreeable appraiser. If the parties cannot agree to a division of the assets, or to an appraiser to perform the appraisal of assets to be divided, then the dispute will be submitted to binding arbitration by a single independent arbitrator selected through the Dallas office of the American Arbitration Association and using the rules of commercial arbitration of the AAA, with Westlake and the Trophy Club entities each paying one-half of the expenses of the arbitration. Before any distribution of an asset to a party, that party must have paid its share of all budgets and any interest assessed on budget payments made on its behalf by other parties. 15. Entire Agreement; Amendment . This Contract represents the entire and integrated agreement among the parties relating to this matter and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Contract may be amended only by written instrument signed by all parties to this Contract. 16. Applicable Law; Venue. The validity of this Contract and of any of its terms or provisions, as well as the rights and duties of the parties to the Contract, shall be governed by the laws of the State of Texas. This Contract is performable in Denton and Tarrant County, Texas, and venue of any dispute arising under or relating to this Contract shall be in either Denton or Tarrant County, Texas. li. Partial Invalidity. If any clause, paragraph, section or portion of this Contract is found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Contract remains in full force and effect and the parties shall be deemed to have contracted as if that clause, section, paragraph, or portion had not been in the Contract. VA 18. Authorization of Contract. Each party hereby certifies to the other parties that the execution of this Contract has been authorized by the governing board of the certifying party in accordance with applicable law and the rules of such party and that the undersigned officers and/or agents of the certifying parry are the properly authorized officials and have the necessary authority to execute this Contract on behalf of such party. 19. Execution and Date. This Contract is signed by the parties in multiple counterparts. This Contract is dated and effective as of the date of the last party to sign as indicated on their signature lines below, but with the term and service to begin as of October 1, 1999, as provided in Paragraphs 3 and 4 above. TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 _.Y may:_ T. A. Neenberger Date id President, Board of Directors Attest: By: 4 1-- 15ean He Secretary, Board of Directors TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 TOWN OF TROPHY CLUB, TEXAS By: co Marshall Englebeck Date Mayor Attest: By: SCG"T Diane Cockrel Town Secreta TOWN OF WESTLAKE, TEXAS By: �- L�,w-.z.. G �� By:f James C. Thomas Date Scott radley Date President, Board of Directors Mayor Attest: Attest: By: /r ^f By alter R. itz ` ick, J . '--Ger Crosswy Secretary, oard of Di jctors Town Secretary H:\STOR\RGW\N=\ 0 ,&// �/ / " DENTON AUNTY T -� COUNTY C HowE> L I ' 1�K » t~� ' .��z= �« 0Y�� / r-- -�------- / ^ � �� GRAPHIC SC,44'..E /N FEET 5 40 c tOCC 1500 20CC 3000 4ACCO 5000 GRAPE -1C SCALE IN )WILES K 1/10 2/10 3/10 4/10 ./Z 3/4 0 loo 20C 300 400 50C 600 700 800 90C !000 GRAPHIC SCALE !N METERS 0 z 0 D T N 7; grANR REA - N .CT --------------- r W -1 -lit iz OAD ---------- 7-7-- wlrA 70- !TREF-Hdu S'Li � k4 I. CIOUN-, -ROAD 40-.: I= INN cgs; r - ........... Li Lr) 0 Vol, k I PE �-- 0 R C N A NC E ACPr--S ( 7.05= L I 'A'klg* I'l", s NUMBER 253 SQUrRE M( --ES "; OF LAND M. J. FILE: WES7L*KE/m,kP2_x MEC JOB NUMBER: 7650 9 0.14 yo 11 *9 rts 170, 9 as MTA us] Xy 11 ILYA 0 The Trophy Club Department of Public Safety is housed in a 6900 square foot facility accommodating all operations personnel, to include, the Director of Public Safety, Fire Chief, and administrative staff for Police and Fire Services. The facility is designed specifically for future expansion and growth. The facility currently has a designated training area that converts into an Emergency Operations Center, as well as workout facilities, showers, interview rooms, etc. The building also has designated expansion space for two 8 x 8 cells to house up to four inmates, and a separate Telecommunications i ini cations area - Trophy Club DPS, Police Services Division, currently operates the following equipment: OTY YEAR MAKE 01* 1995 CHEVROLET 01* 1994 FORD 01* 1995 CHEVROLET 01 1995 CHEVROLET 01 1996 FORD 01 1996 FORD 01 1996 FORD 01 1999 HARLEY DAV. MODEL CAPRICE CROWN VICTORIA CAPRICE CAPRICE CROWN VICTORIA CROWN VICTORIA CROWN VICTORIA MOTORCYCLE POLICE PKG POLICE PKG POLICE PKG POLICE PKG INTERCEPTOR INTERCEPTOR INTERCEPTOR POLICE PKG *UNMARKED UNITS NOT USED FOR DAILY PATROL SERVICES. THE INTERCEPTORS ARE USED FOR DAILY PATROL FUNCTIONS AND ARE FULLY EQUPPED MARKED UNITS. SPECIALIZED EQUIPMENT INCLUDES VIDEO RECORDING SYSTEMS, SHOTGUNS, RADAR UNITS, PRISONER TRANSPORT CAGES, AND COMMUNICATIONS EQUIPMENT. M"'.1 T C, 11 F � TOWN OF TROPHY CLUB FIRE/EMS SERVICES DIVISION The Trophy Club Fire Department Facility is a 4,500 sq. foot facility accomodating the following personnel. There are six (6) certified Firefighter/Paramedics on 24 hour shift, one (1) certified Firefighter/Paramedic 8-5 weekdays, two certified Firefighter/Ei fT's 8-5 weekdays plus 14 additional Fire/EMS reserve personnel available evenings and weekends. Trophy Club DPS, Fire Department Division, currently operates the following equipment: OTY YEAR MAKE MODEL EQUIPNIE`NT 01 1997 HME CHASSIS 3-D, Al LADDER QUINT 681 01 1988 SPARTAN CHASSIS 3-D ENGINE 681 01 1991 FORD E-350 ROAD RESCUE BOX 01 1984 DODGE 1 -TON BRUSH 681 01 1989 CHEVROLET SUBURBAN COMMAND 680 Quint 681 is capable of functioning as a pumper, ladder truck with ventilation and rescue with equipment featuring a 75' Aerial Device, 1500 GPM Pump, 10 KW Power Unit, 450 gallon water tank, two (2) high rise packs, high angle rescue equipment, Ventilation equipment, salvage and overhaul equipment and 116' of ground ladders. Engine 681 is capable of functioning as a pumper, rescue, advanced life support unit with equipment featuring 1500 GPM pump, 10 KW power unit, 750 gallon water tank, extrication/rescue equipment, lifepack 5 EKG and advanced life support system. Medic 681 is capable of functioning as a medical intensive care unit providing the highest level of pre -hospital care available, lifepack 11-12 lead EKG technology and advanced cardiac life suuport. Brush 681 is primarily used for grass fires with 300 GPM pump and roll. Percentage owned by whom at Inception of contract is listed below for the Department of Public Safety Apparatus and Equipment unless specified otherwise. *The following equipment is owned 100% by the Town of Trophy Club: QTY YEAR MAKE MODEL EQUIPMENT 01* 1995 CHEVROLET CAPRICE POLICE PKG 01* 1994 FORD CROWN VICTORIA POLICE PKG 01* 1995 CHEVROLET CAPRICE POLICE PKG 01 1995 CHEVROLET CAPRICE POLICE PKG 01 1996 FORD CROWN VICTORIA INTERCEPTOR 01 1996 FORD CROWN VICTORIA INTERCEPTOR 01 1996 FORD CROWN VICTORIA INTERCEPTOR The Department of Public Safety Police Services building will be 75% Town of Trophy Club and 25% Town of Trophy Club/Westlake Department of Public Safety. The Fire Department building is owned 100% by Municipal Utilities District. *The Quint 681 has an outstanding balance of $384,000. *Engine 681 is owned 100% by Municipal Utilities District. *Medic 681 is owned 100% by Town of Trophy Club. *Brush 681 is owned 100% by Municipal Utilities District Note - The 1999 Harley Davidson Motorcycle that is listed in the Police Services Division is a month by month tease. a a (=) a 0 0 C) C) ci C-) C) C) C) 'IT C) co Cl) O (can) O O C:) o C:) C) a C) a CD 0 C) a w a cc co wp o. o 0. U) CL F— C) z co w co ui 0 LL U - w Se Sc S4 Se 2 w 0 z < cL EL a. d- EL cL cL z o uj Uj LLJ W w w w 0 w7C.) z �- Z 5 0 C.), 0 0 () z U) < U LU cc m OOOOOOOMZM=< 0cr — CL CL CL CL a- C- a- 0 w < m m CL < < < < < a. III Z L.0 D cC tp, uj 0 0 0 0 0C, Li uj 00 z LLJ > ui ul > > > < < 0 W ) C.z 0 C-) z zz a- 1= z LLJ 0 Oa-0a.CL000 LOOm uj , < cr- < < = (= = Cuj F- cn ? 0 C 0 <-) 0 0 0 0 0 m LLI — Cl) LU Cl) co uj C/) Ct) Co LU CO CO < -D � m -j m uj uj Uj LLI CO C/) Li =5 z 0 00 _¢ uj0 C - z L) r%— >c>>Ccc =00> 0 Jo = LLJ Ui = = = LLI < LLI CL 0 0 0 o M 00 <::j ULLC)(-)U-U-Ll -rCcLoo=0zz /) U- 0 u — I= (D to CC) 50 �1=., U- 0 C) ui M 4M T 0) co 00 00 _j z cn, CL o U- m Od cr- co 0 0 C-) CL U- The method for equalizing the Denton and Tarrant Count appraisal processes shall be as follows. Given that both Tarrant and Denton County appraise the Solana properties, the comparative analysis shall be done on a sampling of only Solana properties. In the initial phase of this agreement, the properties selected W"'Ill be: Campus Circle Nine Village Circle Seven Village Circle Marriott Real Property The DPS Board of Directors may add to, delete from, or change these properties at their discretion. The valuation as stated in the certified tax rolls; published in July of each year will be used for these annual computations. The combined value for these properties fr6m DCAD and TCAD will then be set equal based on the following algebraic formula: TCAD X Adjustment Factor = DCAD Adjustment Factor = DCAD / TCAD The adjustment factor will then be multiplied by the TCAD valuation for Westlake in order to arrive at the valuation for purposes of this agreement. This process will achieve the desired results even if DCAD appraisals are higher than TCAD. The attached spreadsheet accomplishes this computation and then computes the obligation of all parties to this agreement. oil Ll, Tu EXHIBIT C TROPHY CLUB WESTLAKE PROPORTIONAL FUNDING OF OPS FUNCTICN FOR FISCAL 99-010 IF: FUNDING OF THE POLICE. COURT AND EMS FUNCTION WILL BE ALLOCATED AS FOLLOWS: NET POLICE BUDGET NET EMS BUDGET NET COURT BUDGET AO -JUST E0 WESTLAKE VALUATION =-397,5(30-45 TRCPHY CLUB VALUATION :STLAKE SHARE WESTLAKE VALUATION I CCMBINEO VALUATION = CPHY CLUB SHARE TROPHY CLUB VALUATION I CCMBINEO VALUATION PENSE TO WESTLAKE PENSEE TO TROPHY CLUB FUNDING OF FIRE AND RESCUE SERVICES WILL BE AS FOLLOWS. NET FIRE AND RESCUE BUDGET TCMU01 VALUATION = 415.667.516.00 TClMU02VALUATION - WESTLAKE VALUATION LESS SOLANA COMPLEX . 7.897.5130.45 TLAKE SHARE WESTLAKE VALUATION / COMBINED VALUATION - 3HY CLUB MUD SHARE COMBINED TCMUD VALUATION I COMBINED VALUATION TO WESTLAKE TO TCMUDS ECUALIZA71CN OF TARRANT AND DENTON COUNTY VALUATION PROPERTY TCAO VALUATION OCAO VALUATION CAMPUS CIRCLE 101.221.165.00 98.008275 00 NINE VILLAGE CIRCLE 14.077.164.0() 133$2190.00 SEVEN VILLAGE CIRCLE 15.296.244.00 14.508.497.00 MARRIOTT REAL PROPERTY I2771.743.00 I2113.999.00 TOTAL I43Z66216.00 133 982 931.00 EJUSTME.NT FACTOR APPLIED TO WESTLAKE VALUATION D TCAO VALUATION FOR WESTLAKE TO BE MULTIPLIED BY CELL F56 TO EQUALIZE To OCAD WESTLAKE VALUATION TCAO TOWN OF TROPHY CLUB VALUATION OCAO 235.000.000.ao TROPHY CLUB MUDI VALUATION OCAO 388: 559.832.00 TROPHY CLUB MU02 VALUATION OCAO 415.667.51S.00 SOLANA WESTLAKE VALUATION OCAO 187.138.848.00 215.000.000.00 POLICE BUDGET POLICE REVENUE EMS BUDGET • NET POLICE BUDGET EMS REVENUE NET EMS BUD COURT BUDGET COURT REVENUE FIRE BUDGET NET COURT BUDGET FIRE REVENUE NET FIRE allO -4 2 388-559.622.00 187,128.3m.00 I