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HomeMy WebLinkAboutRes 02-09 Approving the Settlement of Litigation with the Town of Trophy Club, Trophy Club MUD #1 and Trophy Club MUD #2TOWN OF WESTLAKE RESOLUTION NO. 02-09 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE SETTLEMENT OF LITIGATION WITH THE TOWN OF TROPHY CLUB, TROPHY CLUB MUD 41 AND TROPHY CLUB MUD #2. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the Board of Aldermen of the Town of Westlake hereby approves the settlement of litigation with the Town of Trophy Club, Trophy Club MUD 41 and Trophy Club MUD #2 under the material terms of the Agreed Judgment attached as Exhibit A. SECTION 2: That the Town's attorneys of record are authorized to make all changes in the form of the Agreed Judgment as they may deem necessary or advisable to obtain entry by the Court of a final judgment reflecting the material terms of the Agreed Judgment. SECTION 3: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 2�o DAY OF MARCH, 2002. ATTEST: -A 0,,. , - ing Crosswy, Town Qcretary APPROVED AS TO FOW: L. Scott Brad ey, Mayor Trent O. Petty, Town Mann r CAUSE NO. 153-191410-02 THE TOWN OF WESTLAKE, TEXAS IN THE DISTRICT COURT Plaintiff ' vs. 153`l JUDICIAL DISTRICT THE TOWN OF TROPHY CLUB, TEXAS, ' TROPHY CLUB MUNICIPAL DISTRICT ' NO. 1, AND TROPHY CLUB MUNICIPAL ' UTILITY DISTRICT NO.2 Defendants TARRANT COUNTY, TEXAS AGREED JUDGMENT ON THIS DAY, in the above entitled and numbered cause carne the Town of Westlake, Plaintiff, along with Defendants, the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal Utility District No. 2, all by and through their attorney(s) of record, (hereinafter collectively the "Parties") and the Parties having presented this Agreed Judgment to the Court, and the Court having considered same, together with the pleadings on file in this case, makes the following determinations and findings: Plaintiff filed with this Court on February 11, 2002, its Original Petition for Declaratory Judgment wherein it prayed for relief and damages relating to the interpretation and application of a document known as the Contract for the Trophy Club/Westlake Department of Public Safety dated June 14, 2000 (hereinafter the "DPS Contract"). Each of the Defendants filed a response and counterclaim seeking relief and damages along with a declaration of the status of the DPS Contract. AGREED JUDMENT- Page 1 I✓ That Plaintiff and Defendants admit and agree that the claims in question are disputed, and acknowledge that if the matter were to proceed to trial, a different ruling than that agreed upon could be obtained; That the Parties have agreed that this cause should be compromised and settled pursuant to the terms of this Agreed Judgment; IT IS THEREFORE ORDERED, ADJUDGED, AGREED AND DECREED as follows: I. CONDUCT OF PARTIES The terms of this Agreed Judgment shall supersede the terms of the DPS Contract in its entirety and shall be the relevant document governing the conduct of the Parties to the above styled lawsuit until the termination of the Trophy Club / Westlake Department of Public Safety at 12.00:01 a.m. on June 1, 2002. The Parties agree that the terms of this Agreed Judgment shall be effective upon approval by the Court. II. CONSIDERATION The Town of Westlake shall pay the sum of $100,250.77, to the Town of Trophy Club for use in the funding and operation of the Trophy Club/Westlake Department of Public Safety (the "DPS") within five (5) business days of the execution of this Agreed Judgment by the Judge. The Town of Westlake shall also pay to the Town of Trophy Club all revenues collected by the Town of Westlake Municipal Court of Record No. 1 (hereinafter "Westlake Court"), (less any State fees required to be forwarded to the State and any dedicated Municipal Court technology or security funds) that have been retained by the Town of Westlake up to and including the date of AGREED JUDMENT- Page 2 execution of this Agreed Judgment by the Judge. Such funds shall be used in the funding and operation of the Trophy Club/Westlake Department of Public Safety and shall be paid by the Town of Westlake to the Town of Trophy Club within five (5) business days of the execution of this Agreed Judgment by the Judge. Further, all revenues collected by the Westlake Court between the date of the execution of this Agreed Judgment by the Judge and May 31, 2002 (less any State fees required to be forwarded to the State and any dedicated Municipal Court technology or security funds) shall be paid to the Town of Trophy Club for use in the funding and operation of the Trophy Club/Westlake Department of Public Safety. Such funds shall be paid at the end of each month (`Collection Month") and must be received by the Town of Trophy Club no later than the tenth (10th) business day of the month following the Collection Month. Westlake assumes all responsibility for the collection of fees due to the Westlake Court and for the remittance of those fees to Trophy Club consistent with the terms of this Agreed Judgment. Further, Westlake shall at all times throughout the entire terns of this Agreed Judgment, operate the Westlake Court in the same manner and with the same efficiency as if the fees collected from such Court were to be retained by Westlake. Revenues from the Westlake Court shall be subject to verification through state reports filed by the Westlake Court. Copies of such reports shall be provided by the Town of Westlake with each payment provided hereunder. In. MANAGEMENT Upon the Court's approval of this Agreed Judgment, the management and oversight of the operation of the DPS shall immediately be under the sole direction and control of the Town of Trophy Club, Trophy Club Municipal Utility District No. 1, and Trophy Club Municipal AGREED JUDMENT- Page 3 Utility District No. 2. The Trophy Club/Westlake Department of Public Safety Board is hereby eliminated and is no longer in effect. IV. EQUIPMENT AND OTHER PROPERTY At 12:00:01 a.m. on June 1, 2002, the Town of Westlake shall relinquish any and all equity, right, title and interest in or to the following equipment currently being utilized by the DPS: quint, brush truck, ambulance, Fire Chief's vehicle, and all patrol cars (hereinafter collectively "Equipment"). The vehicle identification numbers for such Equipment are identified in Exhibit "A", a copy of which is attached hereto and incorporated herein. In relinquishing such equity, right, title and interest in the Equipment, Westlake acknowledges that it is waiving any and all rights to receive any compensation for such equity which amounts to approximately $54,580.03 in value, except as otherwise provided for herein, and that it will not assert any claims against the right, title or ownership of the Equipment. In addition to the foregoing, the Town of Trophy Club, MUD No. 1 and MUD No. 2 shall retain ownership and possession of all property currently utilized by the DPS, whether purchased prior to the establishment of the DPS Contract, during the period in which the DPS Contract was in effect, or during the period pending dissolution of the DPS Contract. The Town of Trophy Club must assume the remaining debt on the DPS ambulance and pay the remaining debt according to the terms of the note payable to the Town of Westlake. Notwithstanding the foregoing, the Town of Westlake retains its collateral/security interest in such ambulance. AGREED JUDMENT- Page 4 V. TRUE -UP 1 LIABILITY The Town of Westlake shall not be subject to true -up regardless of the DPS budget status and, except as provided herein, shall assume no liability for the costs of either past or future operation of the DPS, regardless of the status of the DIS budget at that time. The purpose of this provision is to clarify that the payments made by the Town of Westlake under this Agreed Judgment shall be the sole amounts due by Westlake for the DPS services provided hereunder through 12:00:01 a.m. on June 1, 2002. VI. SERVICES From the date of the execution of this Agreed Judgment through 12:00:01 a.m, on June 1, 2002, the Town of Westlake shall be provided service levels from the DPS substantially in accordance with service provided since that entity was established_ Such service shall include two (2) dedicated motorcycle patrol officers as provided hereinbelow and shall include: A. Fire and Emergency Medical Services: continued response to all 911 emergency and other calls for service in the Town of Westlake with expedience and professionalism. B. Police: continued response to all 911 emergency and other calls for service in the Town of Westlake with expedience and professionalism; the dedication of one (1) uniformed police officer driving a marked patrol vehicle working in the Town of Westlake twenty-four (24) hours a day, seven (7) days a week; and the dedication of the two (2) motorcycle officers referenced above to patrol the Town of Westlake. The dedicated Westlake patrols are subject to calls for emergency service in other areas, and shall be verified by officer assigned time sheets. AGREED JUDMEINT- Page 5 C. Other Department of Public Safety services as needed or within any other reasonable standard requested by the Town of Westlake. VII. SERVICE INTERRUPTION The Town. of Westlake assumes all legal liability, costs, and expenses related to, arising out of, or resulting from any interruption in public safety services to the Town of Westlake after June 1, 2002 at 12:00:01 a.m. VIII. RELEASES Each party hereto hereby releases all other Parties hereto, their officers, employees, agents, attorneys, and assigns from any claim for the payment of money for the funding and operation of the Trophy Club/Westlake Department of Public Safety as well as for any claims for failure to provide services or for the quality of services provided under the DPS Contract_ However, the Parties' respective obligations to comply with the terms of the Agreed Judgment and the payment required hereunder are not released. The releases do not include the release of any claim for a party's failure to comply with the terms of this Agreed Judgment or any other claim not specifically listed herein. The releases provided herein shall not be construed as a waiver or release by any of the Parties hereto of liability for third party claims or lawsuits, whether or not anticipated, threatened, or pending, (hereinafter collectively referred to as "Claims") arising out of or related to the dissolution of the Trophy Club 1 Westlake Department of Public Safety; or to such third party Claims arising out of or related to prior conduct of officials, officers, employees or agents AGREED JUDNIENT- Page 6 of the DPS or of any of the officials, officers, employees or agents of the individual member entities participating in the Trophy Club / Westlake DPS Contract; or to such claims related to or arising out of claims by third parties based on services provided or omitted while the Trophy Club 1 Westlake Department of Public Safety was in existence. LY. NUSCELLANEOUS A. Additional Documents. The Parties agree to cooperate with each other in the drafting and execution of such additional documents as are reasonably requested by their respective legal counsel or by a third party to implement the terms and spirit of this Agreed Judgment. B. Binding Effect. This Agreed Judgment shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors, and assigns. Additionally, the Parties acknowledge that they have been afforded an opportunity to seek advice from the counsel of their choice with regard to the negotiation and execution of this Agreed Judgment, that they have been afforded an opportunity to review this Agreed Judgment, and that they fully understand the implications and ramifications of the agreements made herein. C. No Assignment/Authority. The Parties hereby represent and expressly warrant that they have made no assignment, pledge, sale, or transfer of any right, title, or interest in or to the Lawsuit. Furthermore, the Parties have fail legal right and authority to execute, deliver and perform their obligations under this Agreed Judgment. No further consent or approval of any person or entity is required as a prerequisite to the validity and enforceability of the Agreed Judgment. D. Entire Agreement. This Agreed Judgment supersedes all other prior understandings and AGREED JUDMENT- Page 7 agreements between the Town of Westlake and the other Parties hereto, whether written or not, and constitutes the entire and complete understanding between the Town of Westlake and the other Parties hereto. No other representation, promise, or agreement between the Town of Westlake and the other Parties shall be binding except as set forth herein, nor shall any modification of this Agreed Judgment be binding upon the Parties unless it is in writing and executed by the Parties and approved by the Court. E. Invalid Provisions / Severability. If any provision of this Agreed Judgment is held to be illegal, invalid or unenforceable, such provision shall be modified to the extent necessary to render such provision enforceable and, if necessary, shall be fully severable. Thus, if any provision of this Agreed Judgment is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable and this Agreed Judgment shall be construed and -enforced as if such illegal, invalid or unenforceable provision never comprised a part of the Agreed Judgment; and the remaining provisions of the Agreed Judgment shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by severance herefrom. F. Multiple Originals. This Agreed Judgment may be executed in any number of counterparts; all of which together shall constitute a single instrument. G. Construction. The Parties hereto acknowledge and agree that this Agreed Judgment shall not be construed more favorably in favor of one than the other based upon which Party drafted the Agreed Judgment, it being acknowledged that all Parties hereto contributed substantially to the negotiations and preparations of this Agreed Judgment. H. Headings. The headings contained in this Agreed Judgment are for reference purposes AGREED JUDMENT- Page 8 only and shall not affect in any way the meanings or interpretation of this Agreed Judgment. L Time of the Essence. Time shall be of the essence in this Agreed Judgment with respect to all of the Parties' obligations hereunder. J. Enforcement. The Court retains jurisdiction to effectuate the enforcement of this Agreed Judgment. K. Costs. All costs of Court incurred in this cause be taxed against the party incurring the same. This Agreed Judgment shall be effective immediately upon its signing. SIGNED this Z- day of M f- , 2002. JUDGE, 153" District C Tarrant County Texas AGREED JUDMENT- Page 9 APPROVED AS TO SUBSTANCE: TOWN OF WESTLAKE, TEXAS: Scott Bradley Mayor Town of Westlake TOWN OF TROPHY CLUB, TEXAS: Scott Smith Mayor Town of Trophy Club APPROVED AS TO FORM: By: rt" �) - Mathew C.G. Boyle Attorney of Record for the Town of Westlake In Patricia A, Adams Attorney of Record for Town of Trophy Club TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 k-► Dean Henry President, Board of Directors Trophy Club MUD No. 1 Robert G. West Attorney of Record for the Trophy Club MUD No. 1 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 In James C. Thomas President, Board of Directors Trophy Club MUD No. 2 AGREED JUDMENT- Page 10 Alex Vasquez Attorney of Record for Trophy Club MUD No. 2 03/15/2002 J.5: 02 8174301812 Mar -15-02 on; 41Pm From-aoyls 8 LowF, .APRI O ' TD AS TO SUBSTANCy: T{7WN t7F WESTLAIU, TEXAS: By Scott $z3ey �,,ayar Town of Westlake TO 7 OF TROPHY CLUB, SAS:. By: Scott Smith Mayor Tovm of Trophy. Cmb TOWN OF WESTLAKE PAGE 03 9112SH7105 T-211 P. 002/002 -r-038 APPROVED .AS TO FORM: By: N Mathew C.G. Boyle Attorney of Record for the Town of Westlake to Patricia'A- Adams Attomey of Record for Town of'I mphy Club TR07U' CLUB NI€ NXCI?AL L'MM DISTRICT NO. l By: By. Dean Henry Presideut, Board of Directors T:iaphy Club MUD No. 1 Robert. G_ rest Attoffiey of Record for the Trophy Club TYRM No, 1 ' OP CLUB M N-IC&AL ` UY DISTRICT NO- 2 James C. Thomas President, Board of Directozs Trophy Club MUI3 No. 2 At:�R-r-,-vn ,TTJDUSNT- Page 10 Alex Vasqudz Attorney afRecord for Thy Club MUD No. 2 APPROVED AS TO SUBSTANCE: TOWN OF WESTLAKE, TEXAS: iC TO, Scott Bradley Mayor Town of Westlake Town of Trophy Club APPROVED AS TO FORNI: 1-2 M- Mathew C.G. Boyle Attorney of Record for the Town of Westlake Patricia A. Adams Attorney of Record for Town of Trophy Club TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: Dean Henry President, Board of Directors Trophy Club MUD No. 1 By: C __& Robert G. West Attorney of Record for the Trophy Club MUD No. 1 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 By. r dZnes C. Thomas President, Board of Directors Trophy Club MUD No. 2 AGREED JUDMENT- Page 10 By: Alex Vasquez Attorney of Record for Trophy Club MUD No. 2 APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: TOWN OF WESTLAKE, TEXAS: By: By: Scott Bradley Mathew C.G. Boyle Mayor Attorney of Record for the Town of Westlake Town of Westlake TOWN OF TROPHY CLUB, TEXAS: By: By����,C' Scott Smith Patricia A. Adams Mayor Attorney of Record for Town of Trophy Club Town of Trophy Club TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I By: By: Dean Henry Robert G. West President, Board of Directors Attorney of Record for the Trophy Club MUD No. 1 Trophy Club MUD No. 1 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.2 By: By: .lames C. Thomas Alex Vasquez.. President, Board of Directors Attorney of Record for Trophy Club MUD No. 2 Trophy Club MUD No. 2 AGREED JUDMENT- Page 10 IIIHK- 1iI_j•ae. APPROVED AS TO SUBSTANCE: APPROVED AS TO FORM: TOWN OF WESTLA��, TEXAS: By= By: Scott Bradley Mathew C.G. Boyle Mayor Attorney of, Record for the Town of Westlake Town of Westlake TOWN OF TROPHY CLUB, TEXAS: By: By: Scott Smith Mayor Town. of Trophy Club Patricia A. Adams Attomey of Record for Town of Trophy Club TRO'A"'ITY CLUB N1 [INYCIPAL UTILI l Y DISTRICT NO. 1 Dean Henry President, Board of Directors Trophy Club MUD No. I TROPHY CLUB MUNICIPAL UTILITY 1-2 James C. Thomas President, Board of Directors Trophy Club MUD No. 2 AGREED J DMENT- Page 10 By: Robert G. West Attorney of Record for the Trophy Club MUD No. 1 Tl1tIiT NO.2 By: 409,9A Alex Vasque Attorney of ecor for Trophy Club MUD No. 2 T1TnI R i ':,' noc xkfGwlrl PC 1993 GMC Pickup Animal Control 26TEC19K6P1560868 1991 Chevrolet Suburban Fire 1 GNER16K5MF125192 1996 HME 3-D Fire Truck Fire 44KFT4287TWZ18139 1999 Ford Fire truck -brush Fire 1 FDXF47F9XED3495 1991 Ford 350 Ambulance Fire 1 FDKE30MZMHA45829 1988 Spartan Fire Truck Fire 15GCT6L05JC185480 2000 Ford Ambulance Fire 1 FOXE45F8YHA61769 1995 Chevrolet Caprice Police 1 G1 BL52PXSR136425 1995 Chevrolet Caprice Police 1 G1 H152P7SH135992 1995 Chevrolet Caprice Police 1 G1 BL52P2SR147029 1990 Ford Crown Victoria Police ZFALP71 W8RX155307 1991 Chevorlet Impala Police 2GiWF55K719125755 2001 Chevrolet Impala Police 2GIWF55K4191124840 2001 Chevrolet Impala Police 2G1WF55K819125490 2000 Harley Davidson Motorcycle Police 1 HDI FHW 18YY629096 Leasing 1995 Chevrolet Caprice Police 1 G1 BL52P1 SR182967 1999 Ford Crown Victoria Police 2FAP71W8XX186244 2000 Ford Expedition Sport Utility Police FMRU1668Y1 866768 2001 Harley Davidson Motorcycle Police 1 HD1 FHW 131 Y604077 Leasing 2000 Ford Crown Victoria Police 2FAFP71WIYX207842 2002 Harley Davidson Motorcycle Police 1 HD1 FHW 142Y625070 Leasing 2002 Harley Davidson Motorcycle 1police 11HDlFHW142Y626249 Leasing EXHIBIT DA"