HomeMy WebLinkAboutRes 99-05 Approving the Contract for Trophy Club/Westlake DPSRESOLUTION NO. 99-05
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS APPROVING THE CONTRACT FOR TROPHY
CLUB/WESTLAKE DEPARTMENT OF PUBLIC SAFETY; AUTHORIZING
THE MAYOR TO SIGN THE CONTRACT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the Towns of Trophy Club ("Trophy Club") and Westlake
("Westlake") are general law cities organized and operating pursuant to the Constitution
and laws of the State of Texas; and Trophy Club Municipal Utility District No. 1
("TCMUD I") and Trophy Club Municipal Utility District No. 2 ("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
WHEREAS, Trophy Club, Westlake, TCMUD 1 and TCMUD2 desire to enter
into a contract to provide governmental functions and services relating to police
protection, municipal court services, fire protection, and emergency medical services in a
Trophy C1ubJWestlake Department of Public Safety for the mutual benefit of the parties
to the agreement and their respective residents and customers; and
WHEREAS, the parties believe that by cooperating and contracting with each
other for the establishment of the Trophy Club/Westlake Department of Public Safety,
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; and
WHEREAS, Chapter 791 (the Interlocal Cooperation Act) of the Texas
Government Code authorizes governmental entities to enter into contracts to provide
governmental functions and services jointly.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: The Contract for Trophy Club/Westlake Department of Public
Safety attached hereto as Exhibit "1" and incorporated herein for all purposes is hereby
approved, and the Mayor of the Town of Westlake is hereby authorized to execute the
Contract on behalf of the Town of Westlake.
SECTION 2: That this Resolution shall become effective from and after the date
of its passage.
PASSED AND APPROVED this 24`' day of May, 1999.
Resolution No. 99-05
Page 2
Fred Held, Mayor Pro -Tem
ATTEST:
'Y
'L Q,
Ging Crosswy, Town retary
APPROVED AS TO FORM:
Interim TohdAttorn
RES 99-05
Contract for Trophy Club/Westlake
Department of Public Safety
Approved by the Board of Aldermen of the Town of Westlake, Texas, May
24, 1999, as amended. Amendments are und rlined,
Contract for Trophy Club/Westlake
Department of Public Safety
1 Par-tie
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 ("TCMUDl")
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 the laws of the State of
Texas and located in Denton and Tarrant Counties.
TCMUD1 and TCMUD2 are each municipal utility districts created and
operating under 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. TCMUD1 and TCMUD2 are each
authorized to provide fire protection services under Section 49.351 of the
Texas Water Code.
2 Backaround and 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. TCMUD1 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. TCMUD1 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").
TCMUD1 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 TCMUD1
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 the 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 of 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 term of five years
beginning each October 1 , unless and until this Contract is terminated as
provided in Paragraph 14 below.
5. Service Area,
This Contract will apply to all territory within the boundaries of Westlake,
Trophy Club, TCMUD1 , 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.
6. Equipment and Facilities.
Other than real estate assets, the equipment and facilities 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. The police station (DPS Building) and the
fire station shall be leased to the Department for $1 per year. At such time
as the DPS Board of Directors determines that these facilities are no longer
necessary for the performance of the duties of the department, the facilities
will revert to the appropriate Trophy Club entity. 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. The
annual operating costs of these facilities will be a cost to the Department.
A list of 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
TCMUD1 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 and receive benefits
administered by the Town of Trophy Club, subject to existing contracts. All
volunteers shall be treated as volunteers to Trophy Club/Westlake.
8. DPS Boa—rd.
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 shall consist of six members, each serving a term
of three years, with the terms to be staggered so that the terms of one
member from Westlake and one member from the Trophy Club entities
shall expire each year. Three members of the DPS Board shall be
appointed by the Board of Aldermen of Westlake. The Town Council of
Trophy Club, the Board of Directors of TCMUD1 and the Board of
Directors of TCMUD2 shall each appoint one member of the DPS Board. At
the initial meeting of the DPS Board, the members of the DPS Board shall
draw straw or slips of paper to determine which 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 terms of office. 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 DPS
Board position, to fill that position for the remaining term that was vacated.
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. The
entity providing the chairmanship for the year shall also provide secretarial
support for that year.
In the event of a tie vote, the dispute will be submitted to binding arbitration
by a single independent arbitrator selected through the Dallas Office of the
American Arbitration Assn. and using the rules of commercial arbitration of
the AAA and with the Westlake and Trophy Club entities each paying one-
half of the expenses of the arbitration.
The DPS Board shall have authority to set policies and procedures for the
Department, subi!act to the review and approval ofthegoverning 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 force 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.
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. Budged Fundin-,
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 by each party, and shall
submit such budget and request funding to the governing Boards of the
individual parties no later than August 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 pro rata part of the budget based on its pro rata part of such
total valuation.
B. The budget for fire protection shall be based on the total
valuation of property within Westlake, less that portion of Westlake within
TCMUD1, and the total valuation of property within Trophy Club plus the
portion of Westlake within TCMUD1 , with Westlake allocated its pro rata
share of the budget based on its pro rata part of such total valuation, and
the remainder of the budget allocated to TCMUD1 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 party, as set forth in Exhibit
-Q, which is attached to and made part of this Contract.
Once the budgethasbeen 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
government body, must make its payments from current revenues available
to the paying party in the manner it 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. However, the first year of this Contract shall consist of five quarters
with the total funding equivalent to 125% of the approved Fiscal 1999-2000
budgets. Twenty per Cent (20%) of each party's total funding obligation will
be due October 1 , 1999 with the balance, eighty per cent (80%) of total
funding, due on Jan. 1, 2000. Thereafter, payment for each year shall be
due each January 1. 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, the
amount due shall bear interest at the rate of 18 per cent per annum from
February 1 until paid.
To ensure that the budget allocation process -described earlier in this
section continues to yield a fair and equitable distribution of the
Department's expenses between Westlake and Trophy Club,lbaDIE-5-
Board-will-review-and recommend ne essa anges to ach of the
governing bodies of the parties to this contra ,fin change the method of
determining those allocations at the end of the initial five year period.
Consideration shall include, but not be limited to, population, assessed
valuation and service consumption and usage. A review prior to the end of
the initial five-year period may be conducted with the unanimous consent of
the DPS Board.
The Department of Public Safety Board shall not have any taxing authority
as a separate entity.
11. Audit, Legal Cour -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. Liabilily 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 red parties under such insurance policies. As provided in
Section 791.006 of the Texas Government Code, the government 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.
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 Sept. 30 at the end of
the initial term with one-year written notice. Following the initial five-year
period, the contract may be terminated as of September 30 by any party
with one year written notice. Termination by one party shall be occasion for
reconsideration and amendment of this agreement. This contract may be
terminated at any other time or upon shorter notice only upon the
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 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 prorate basis based upon the relative funding contributions during
the five year period immediately preceding the termination of this Contract.
15. Entire Agreement; Amendments.
This Contract represents the entire and integrated amendment among the
parties relating to this matter and supersedes all prior negotiations,
representations and/or agreements, whether 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 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 or
Tarrant County, Texas, and venue of any dispute arising under or relating
to this Contract shall be in either Denton or Tarrant County, Texas.
17. Partial Invalidity, I
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.
18. Authorization of Contract.
Each party hereby certifies to the other parties that the execution of this
Contract has been authorized by the governing DPS 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 party 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, with the term and service to begin
on October 1, 1999, as provided in Paragraphs 3 and 4 above.
TROPHY CLUB MUNICIPAL UTILITY TOWN OF TROPHY CLUB,
DISTRICT NO. 1 TEXAS
By: B
T. A. Neidenberger Date Marshall Englebeck Date
President, Board of Directors Mayor
Attest: Attest:
By: By:
Dean Henry Diane Cockrell
Secretary, Board of Directors Town Secretary
TROPHY CLUB MUNICIPAL UTILITY TOWN OF WESTLAKE,
DISTRICT NO. 2 TEXAS
By: B
James C. Thomas Date Scott Bradley Date
President, Board of Directors Mayor
Attest: Attest:
By: By:
Walter R. Fitzpatrick Ginger Crosswy
Secretary, Board of Directors Town Secretary
r �`a
"EXHIBIT B"
TROPHY CLUB DEPARTMENT OF PUBLIC SAFETY
POLICE SERVICES DIVISION
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 area.
Trophy Club DPS, Police Services Division, currently operates the following equipment:
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
01 1999 HARLEY DAV. MOTORCYCLE 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.
TOWN OF TROPHY CLUB
FIREIEMS 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/EMT'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:
QTY YEAR MAKE MODEL EQUIPMENT
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.
L
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:
TY 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 lease.
DPS EQUIPMENT SPREADSHEET
°oiOWNED OUTSTANDIN.G::=
a AKE {,.' MODEL =„ :: EG2UIPIVIENT ``. °lo;OWNED TC' �{, TCVII=DPS r- MtJD. BALANCE
1 1995 CHEVROLET CAPRICE POLICE PKG 100% 0 0 0
1 1994 FORD CROWN VICTORIA POLICE PKG 100% 0 0 0
1 1995 CHEVROLET CAPRICE POLICE PKG 100% 0 0 0
1 1995 CHEVROLET CAPRICE POLICE PKG 100% 0 0 0
1 1996 FORD CROWN VICTORIA POLICE PKG 100% 0 0 0
1 1996 FORD CROWN VICTORIA POLICE PKG 100% 0 0 0
1 1996 FORD CROWN VICTORIA POLICE PKG 100% 0 0 0
1 1997 HME CHASSIS 3-D, AI LADDER QUINT 681 0% 100% 0 $ 384,000.00
1 1988 SPARTAN CHASSIS 3-D ENGINE 681 0% 0 100% 0
1 1991 FORD E-350 AMBULANCE 100% 0 0 0
1 1984 DODGE 1-TON BRUSH 681 0% 0 100% 0
11 1989 CHEVROLET SUBURBAN BATTALION 680 0% 0 100% 0
*DPS BUILDING 100% 0% 0 $ 140,000.00
*FIRE BUILDING 0% 0% 100% 0
*NOTE ,HARCEY:,DAVIDSON,IS ON A'MONTH TO,MONTi LEASE
*TC-TOWN OF TROPHY CLUB
*TCW-DPS-TROPHY CLUB WESTLAKE DEPARTMENT PUBLIC SAFETY
*MUD-MUNICIPAL UTILITIES DISTRICT
*DPS & FIRE BUILDING WILL BE LEASED TO THE DEPARTMENT FOR $1.00 PER YEAR
EXHIBIT C
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 will 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
from 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.
U � Q
EXHIBIT C
TROPHY CLUB WESTLAKE PROPORTIONAL FUNDING OF DPS FUNCTION FOR FISCAL 99-00 .
THE FUNDING OF THE POLICE,COURT AND EMS FUNCTION WILL BE ALLOCATED AS FOLLOWS:
NET POLICE BUDGET NET EMS BUDGET
NET COURT BUDGET
ADJUSTED WESTLAKE VALUATION 227,640,000.46 TROPHY CLUB VALUATION 388,559,632.00
WESTLAKE SHARE WESTLAKE VALUATION/COMBINED VALUATION= 36.94%
TROPHY CLUB SHARE TROPHY CLUB VALUATION/COMBINED VALUATION= 63.06%
EXPENSE TO WESTLAKE
EXPENSE TO TROPHY CLUB
THE FUNDING OF FIRE AND RESCUE SERVICES WILL BE AS FOLLOWS:
NET FIRE AND RESCUE BUDGET
TCMUDI VALUATION= 415,667,516.00 TCMU02 VALUATION= 187,138,848.00
WESTLAKE VALUATION LESS SOLANA COMPLEX= 12,640,000.46
WESTLAKE SHARE WESTLAKE VALUATION/COMBINED VALUATION= 2.054%
TROPHY CLUB MUD SHARE COMBINED TCMUD VALUATION/COMBINED VALUATION= 97.946%
EXPENSES TO WESTLAKE
EXPENSES TO TCMUDS
EQUALIZATION OF TARRANT AND DENTON COUNTY VALUATION
PROPERTY TOAD VALUATION DCAD VALUATION
CAMPUS CIRCLE 101,221,165.00 96,008,275.00
NINE VILLAGE CIRCLE 14,077,164.00 13,352,190.00
SEVEN VILLAGE CIRCLE 15,296,244.00 14,508,487.00
MARRIOTT REAL PROPERTY 12,771,743.00 12,113,999.00
TOTAL 143,366,316.00 135,982,951.00
ADJUSTMENT FACTOR APPLIED TO WESTLAKE VALUATION 94.85%
TCAD VALUATION FOR WESTLAKE TO BE MULTIPLIED BY CELL F56 TO EQUALIZE TO DCAD
WESTLAKE VALUATION TCAD 240,000,000.00
TOWN OF TROPHY CLUB VALUATION DCAD 388,559,632.00
TROPHY CLUB MU01 VALUATION DCAD 415,667,516.00
TROPHY CLUB MU02 VALUATION DCAD 187,138,848.00
SOLANA WESTLAKE VALUATION DCAD 215,000,000.00
POLICE BUDGET EMS BUDGET
POLICE REVENUE EMS REVENUE
NET POLICE BUDGET NET EMS BUD
COURT BUDGET FIRE BUDGET
COURT REVENUE FIRE REVENUE
NET COURT BUDGET NET FIRE BUD