RES 2003-32TOWN OF TROPHY CLUB
RESOLUTION NO. 2003 - 32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS, APPROVING AN INTERLOCAL AGREEMENT BETWEEN
THE TOWN AND THE TROPHY CLUB MASTER DISTRICT FOR THE
ADMINISTRATION OF FIRE PROTECTION SERVICES WITHIN THE
BOUNDARIES OF THE TOWN, MUDl, AND MUD2, WITHIN AREAS THAT
ARE PART OF THE FIRE DISTRICT DESIGNATED BY DENTON COUNTY,
AND WITHIN AREAS WHICH ARE COVERED UNDER MUTUAL AID
AGREEMENTS; AUTHORIZING THE MAYOR OR HIS DESIGNEE TO
EXECUTE ALL NECESSARY DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The Town of Trophy Club (the "Town") is a general law municipality of
the State of Texas, located in Denton County and Tarrant County, Texas and is authorized under
the Interlocal Cooperation Act to enter into agreements with other governmental entities to
perform governmental functions; and
WHEREAS, The Trophy Club Master District (hereinafter "Master District") operates
under the "Contract for the Provision, Operation, and Maintenance of Water Supply and Waste
Disposal Facilities" (hereinafter "Contract") and serves as the administrative agency for Trophy
Club Municipal Utility District No. 1 ("MUD I"): and Trophy Club Municipal Utility District No.
2 ("MUD2"); and
WHEREAS, the Contract confers upon the Master District the authority to enter into
agreements with the Town of Trophy Club and other local governments pursuant to the Interlocal
Cooperation Act, in order to jointly provide firefighting activities, fire protection services, and
related governmental functions and services; and
WHEREAS, additionally the Master District is individually authorized to perform fire
functions pursuant to Section 49.351 of the Texas Water Code, and the Town is individually
authorized to perform fire functions pursuant to its police powers; and
WHEREAS, the parties desire to enter into an Interlocal Cooperation Agreement for
Administration of Fire Protection Services; and
WHEREAS, the parties believe that shifting the administration of fire protection services
from the Master District (operating as the administrative agency for MUD 1 and MUD2) to the
Town serves a valid governmental purpose and benefits all taxpayers; and
WHEREAS, the Town has determined that it is in the best interest of the Town and its
residents for the Town to administer fire protection services by overseeing the daily operations of
Fire Protection Services and performing all duties and responsibilities of the Master District
necessary to render fire protection services within the boundaries of the Town, MUD1, and
MUD2, within areas that are part of the fire district designated by Denton County, and within
areas which are covered under mutual aid agreements (hereinafter "Service Area"); and
WHEREAS, the Town and MUD l have negotiated a written Interlocal Cooperation
Agreement for Administration of Fire Protection Services within the Service Area, and a
substantial copy of such Agreement is attached hereto and incorporated herein as Exhibit "A" to
this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That, based upon the foregoing premises, the Town of Trophy Club,
Texas, hereby determines that entering into the Interlocal Cooperation Agreement for
Administration of Fire Protection Services with the Master District serves a valid governmental
purpose and is beneficial to all taxpayers within the Service Area.
Section 2. That the Town hereby approves the terms of the Interlocal Cooperation
Agreement for Administration of Fire Protection Services and authorizes the Mayor or his
designee to execute all necessary documents;
Section 3. That this Resolution shall become effective from and after its date of
passage in accordance with law.
PASSED AND APPROVED by the
this 15th day of September, 2003.
ATTEST:
Town Secretary L
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
2
of the Town of Trophy Club, Texas,
Town of Trophy Club, Texas
11 � � � �► �.
'
y A
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this I e
> day of 2003,
by and between Trophy Club Master District, an administrative agency operating
under the "Contract for the Provision, Operation and Maintenance of Water Supply and
Waste Disposal Facilities" executed December 1, 1982 (the "original" Master District
contract), as most recently amended, October 4, 2000; hereinafter referred to as
"Master District", and the Town of Trophy Club, a Type "A" General Law municipality,
hereinafter referred to as "Town".
WITNESSETH:
WHEREAS, Trophy Club Municipal Utility District No. 1, (hereinafter "MUD1")
and Trophy Club Municipal Utility District No. 2, (hereinafter "MUD2") are duly organized
political subdivisions of the State of Texas engaged in the administration of fire
protection and related services for the benefit of those persons residing, traveling within,
or being physically located within the boundaries of MUD1 and MUD2, which
boundaries include, without limitation, the incorporated and unincorporated limits of the
Town of Trophy Club, Texas; and
WHEREAS, MUD1 and MUD2 are the parties to the existing "Trophy Club Fire
Department Contract" that became effective on April 6, 1986, and to the amendment to
that contract entitled "First Amendment to Trophy Club Fire Department Contract",
effective as of the 1 st day of October, 2003; and
WHEREAS, said contract as amended confers upon the Master District the
authority to enter into contracts with the Town of Trophy Club, the Town of Westlake,
Denton County, Tarrant County, and other local governments under Chapter 791 (the
Interlocal Cooperation Act) of the Texas Governmental Code, to jointly provide
firefighting activities, fire protection services, and related governmental functions and
services to the fullest extent allowed by Section 791.011(c)(2) of the Texas Government
code, or other applicable statutes; and
WHEREAS, the provision of Fire Functions is a governmental function that
serves the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS, the Master District (as the administrative agency for MUD 1 and
MUD 2) is individually authorized to perform Fire Functions pursuant to Section 49.351
of the Texas Water Code and the Town is individually authorized to perform Fire
Functions pursuant to its police powers and the parties desire to enter into this
Agreement regarding the performance of Fire Functions; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the "Act") provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act;
NOW, THEREFORE, Master District and Town, for and in consideration of
the recitals set forth above and terms and conditions below, agree as follows:
I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall become effective upon approval by each of the
respective governing bodies of Town and Master District and upon execution by their
respective authorized representatives, and shall remain in effect for a term of one (1)
year. Such one (1) year initial term shall renew annually for a total of ten (10) terms of
one (1) year each, unless terminated by either party as provided herein.
1111.
Definitions
2.01 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. "Eligible Persons" shall mean those persons residing, traveling within, or being
physically located within the corporate boundaries of the Town of Trophy Club,
Texas and/or MUD1 and MUD2, and shall also include those persons residing,
traveling within, or being physically located within the corporate boundaries of
another political subdivision of the State of Texas with whom Town and/or MUD1
and/or MUD2 have a mutual aid agreement to provide fire protection services and
those persons located within the fire district as designated by Denton County and
accepted by Town and/or MUD1 and/or MUD 2.
B. "Fire -fighting Activities", "Fire Protection Services", or "Fire Functions"
shall mean any and all of the customary and usual activities of a fire department,
including fire suppression, fire prevention, training, safety education, maintenance,
communications, medical emergency services, photography, and administration.
K
Ill.
Obligations and Rights of the Parties
3.01 Master District Obligations and Rights:
A. Master District shall fund all costs associated with Fire Protection Services
provided to Eligible Persons, as defined herein, in accordance with the terms of this
Agreement.
B. Master District shall have approval authority of annual budgets for Fire Protection
Services. Budget amendments requiring additional funding by Master District shall
also be submitted to Master District for approval. It shall be the responsibility of
Master District to fund a budget that meets the Fire Protection needs of the Eligible
Persons and allows an appropriate level of service. The approval of Master District
under this section shall not be unreasonably withheld. This agreement does not
impact the authority of MUD1 and MUD2 to set the appropriate tax rate for their
respective districts.
C. Master District shall perform all of its duties and obligations as herein stated and
shall devote sufficient time and attention to the execution of such duties in full
compliance with the terms and conditions of this Agreement
3.02. Town Obligations and Rights:
A. Upon the effective date of this Agreement, Town shall be responsible for
providing Fire Protection Services to Eligible Persons, including but not limited to
assuming full responsibility for the operational control and management of Fire
Protection Services, previously under the control and direction of MUD1. The
Town's responsibilities hereunder shall include, without limitation, the control and
management of all policy and personnel matters related to and arising out of
providing Fire Protection Services and the obligations specifically assumed
hereunder.
B. Town, acting through its Town Manager and her designees, shall oversee the
daily operations of Fire Protection Services.
C. The officers and employees of Town shall perform all duties and responsibilities
of the Master District necessary to render Fire Protection Services to all Eligible
Persons.
D. It shall be the responsibility and duty of Town, its officers and employees, within
the sole discretion of such officers and employees, to determine priorities in the
dispatching and use of such equipment and personnel to perform Fire Functions
under this Agreement.
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E. Town shall have the authority to enter into mutual aid agreements on behalf of
Master District and Town to provide Fire Protection Services as deemed appropriate
by Town. The term of such agreements shall run concurrently with the term of this
Agreement and shall terminate upon termination of this Agreement.
F. Town shall perform all of its duties and obligations as herein stated and shall
devote sufficient time and attention to the execution of such duties provided on
behalf of Master District in full compliance with the terms and conditions of this
Agreement and shall provide immediate and direct supervision of employees,
agents, contractors, sub -contractors and/or laborers, if any, in the furtherance of the
purposes, terms and conditions of this agreement for the mutual benefit of Town and
Master District.
G. Town shall prepare a budget for Fire Protection Services and present that budget
to the governing board of the Master District for approval; which budget shall then in
turn be submitted to MUD1 and MUD2 for approval. Budget amendments requiring
additional funding by Master District must be submitted to Master District for
approval. It shall be the responsibility of the Town to prepare a budget that meets
the Fire Protection needs of the Eligible Persons and allows an appropriate level of
service.
IV.
Assets
4.01 Ownership. All assets currently owned by MUD1 and MUD2 utilized for
Fire Protection Services shall remain the property of MUD1 and MUD2. This agreement
does not affect right, title or interest to such property. Additionally, all property
purchased with Master District funds shall remain the property of Master District. In the
event that Town either utilizes currently owned Town property or utilizes Town funds to
purchase assets of any type for the purpose of providing Fire Protections Services
hereunder, all right, title and interest to such assets are not affected by this Agreement
and shall be fully vested in the Town. However, if Town needs a particular item of
equipment or other asset for use in performing its duties under this Agreement, Town
will request the Master District to provide it and, for a period of 45 days after Master
District receiving such request, Master District shall have a right of first refusal to
provide or take reasonable steps to acquire or provide such item or asset to the Fire
Department. If Master District fails to act or decides not to provide such item or asset
within such period, then Town may do so at its expense. This agreement shall not be
construed as creating any right, title or interest to property owned by either party hereto
where such property was purchased with funds solely provided by such party. In the
event of joint purchases of property, each party shall own a percentage of such property
based upon the ratio of the amount of money contributed toward the purchase relative
to the total cost of the item. Assets acquired by grants to purchase fire equipment shall
belong to the Fire Department and not the Town, unless the terms of the grant
specifically require otherwise.
S
4.02 Ownership Upon Termination. Upon termination of this Agreement,
each party shall retain ownership of assets purchased with its respective funds. Upon
such termination, one party may, upon the consent of the other party, purchase such
other party's interest in the property. If the parties agree to such percentage purchase,
the purchasing party shall pay an amount equal to the percentage contributed by the
selling party based upon the then current fair market value of the property. If the
parties cannot agree to such percentage purchase, then those assets that were
purchased jointly shall be sold through a bid process with the profits received from such
sale being distributed back to the parties based upon the percentage that each
contributed to the purchase of such item(s).
V.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above and other good and valuable consideration.
Master District's agreement to fund Fire Functions as provided in Paragraph 3.01 above
in exchange for Town's agreement to oversee and manage Fire Functions for Eligible
Persons as provided in Paragraph 3.02 above, shall serve as sufficient consideration
under this Agreement. Each party hereto paying for the performance of governmental
functions or services shall make such payments from current revenues legally available
to the paying party. Each party further agrees that it is fairly compensated for the
services or functions performed under the terms of this Agreement.
V11.
Negligence of Parties/Insurance
6.01 Town Negligence/Insurance. Town shall be responsible for its sole
negligence. Town agrees to and accepts full responsibility for the acts, negligence
and/or omissions of all Town's officers, employees and agents acting under its direction.
Town shall provide liability insurance to cover the acts and omissions of Town, its
officers, employees and agents performing obligations under this agreement, including
but not limited to all personnel providing Fire Protection Services.
6.02 Master District Negligence/Insurance. Master District shall be
responsible for its sole negligence. Master District agrees to and accepts full
responsibility for the acts, negligence and/or omissions of all Master District's officers,
employees and agents acting under its direction. Master District shall maintain liability
insurance to cover the acts and omissions of the Master District, its officers, employees
and agents performing obligations under this agreement.
6.03 Joint Insurance Policy. As an alternative to each party maintaining an
individual insurance policy for its respective entity as required by subsections 6.01 and
6.02, the parties may purchase a joint insurance policy covering acts and omissions as
specified in subsections 6.01 and 6.02 above and covering each entity and its
respective officers, employees and agents in accordance with this paragraph VI. In the
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event that the parties agree to exercise this option, each party shall pay its pro rata
share of the joint insurance policy based upon the cost associated with its individual
coverage. The purchase of a joint insurance policy pursuant to this subsection shall in
no manner alter or affect the provisions of this paragraph VI relative to each entity's
liability for its own negligence.
VII.
Immunity
The fact that Town and Master District accept certain responsibilities relating to
the rendering of Fire Protection Services under this Agreement as part of their
responsibility for providing protection for the public health makes it imperative that the
performance of these vital services be recognized as a governmental function and that
the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent
possible under the law. Neither Town nor Master District waives any immunity or
defense that would otherwise be available to it against claims arising from the exercise
of governmental powers and functions.
VIII.
Default / Termination
8.01 In the event that either party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of thirty (30) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the thirty (30) day period, this agreement shall
immediately terminate without further notice.
8.02 Notwithstanding the foregoing, this agreement may be terminated at any
time without cause by either party giving sixty (60) days advance written notice to the
other party.
IX.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town
and Master District and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties.
X.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to the rights and duties of the parties hereto,
and exclusive venue shall be in Denton County, Texas.
XI.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
XII.
Non -Waiver
All rights, remedies and privileges permitted or available to either party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of
any such right, remedy or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by the either party in the
enforcement of any such right, remedy or privilege against the other party, shall not
constitute a waiver of such right, remedy or privilege by the forbearing party. A default
by either party under this Agreement shall not result in a forfeiture of any rights,
remedies, or privileges under this Agreement by such defaulting party.
XIII.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
IA
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged
2003 by JIM HASE,
MASTER DISTRICT, on behalf of such entity.
STATE OF TEXAS §
COUNTY OF DENTON §
�4
before me on the day of
CHAIRMAN, of the TROPHY CLUB
Notary Public in and/for the
State of Texas
This instrument was acknowledged before me on
2003 by SCOTT SMITH, MAYOR of the
CLUB, Texas, on behalf of such entity.
the Af day of
TOWN OF TROPHY
Notary Public in and for", the
State of Texas
.1
DANIE
ST
21 1 TE A X A5:3
STATE OF TEXAS §
COUNTY OF DENTON §
�4
before me on the day of
CHAIRMAN, of the TROPHY CLUB
Notary Public in and/for the
State of Texas
This instrument was acknowledged before me on
2003 by SCOTT SMITH, MAYOR of the
CLUB, Texas, on behalf of such entity.
the Af day of
TOWN OF TROPHY
Notary Public in and for", the
State of Texas
.1
EXECUTED in duplicate originals
October 1, 2003.
TROPHY CLUB MASTER DISTRICT
B y
?I Y, Hase, President/Chairman
Date:
ATTEST:
Master Dis� ict Secretary
APPROVED AS TO FORM:
Master District Attorney
The effective date of this agreement shall be
N
TOWN OF TROPHY CLUB, TEXAS
Date: Z - �
ATTEST.--, 1
Town Secr(etary
I
Town Attorney
EXECUTED in duplicate originals.
October 1, 2003.
TROPHY CLUB MASTER DISTRICT
By v!
Jim Hase, President/Chairman
Date:
ATTES�F.,,'
I X,
Master District Secretary
Master District Attorney
The effective date of this agreement shall be
R
TOWN OF TROPHY CLUB, TEXAS
Date:
ATTEST,,
/7
TowrSecretary
APPROVED AS TO FORM:
Town Attorney