HomeMy WebLinkAboutOrdinance No. 313 ORDINANCE
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS, AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH THE FIRM OF
JAMES RAY ASSOCIATES IN THE AMOUNT OF
$ ~J,O~,~,O0 FOR THE PURPOSE OF CON-
DUCTING A FEASIBILITY STUDY REGARDING
THE CITY OF THE COLONY AND THE COLONY
MUNICIPAL UTILITY DISTRICT #1; ATTACHING
THE APPROVED FORM OF THE CONTRACT AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
Section 1. That the City Manager of the City of The Colony,
Texas, is hereby authorized to execute on behalf of the City a contract
with the firm of JAMES RAY & ASSOCIATES in the amount of
$ 0 q6 for the purpose of conducting a feasibility study
regarding the City of The Colony and The Colony Municipal Utility
District #1. The approved form of such contract is attached hereto
as Exhibit "A", and made a part hereof for such purposes.
Section 2. This Ordinance shall take effect immediately from and
after its passage by the City Council of the City of The Colony, Texas.
DULY PASSED by the City Council of the City of The Colony,
Texas on the ~ day of December, 1984.
APPROVED:
ATTEST:
J~ff{ Gadd, City Secretary
[SEAL]
CON~RAC? FOR SERVICES
Parties
1. This is a contract for professional services among Ray Associates, Inc., here-
inafter called "Contractor," and the City 9f The Colony and The Colony Municipal
Utility District, hereinafter called the "City/District."
Services
2. The Contractor agrees to perform the services set forth in the "Statement of
Services to be Performed," pages I through 5 of Ray Associates' Proposal for
Personnel Management Consulting Services' dated October 31, 1984, and attached to
and made a part of this contract.
3. The Contractor assumes responsibility for furnishing normal items necessary to
perform these services, including but not limited to, office space and furni-
ture, equipment, supplies, and local telephone service.
4. The Contractor may not assign the contract.
Period of Contract
5. This contract is for a period of three (3) months beginning November 20, 1984,
and terminating February 20, 1985.
Compensation
6. The City/District agrees to compensate the Contractor for professional services
and expenses in the fixed amount of $22,026.00. Invoices and progress reports
will be presented on the following schedule:
December 20, 1984: $ 7,342.00
January 20, 1985: 7,342.00
February 20 or upon
final acceptance of
work products: 7,342.00
TOTAL PAYMENTS: $ 22,026..00
The final payment will be made upon satisfactory completion of the Contractor's
obligations under this contract.
7. The CiO/District agrees to pay,the Cpntractor each installment identified in
paragraph 6 upon submission of a progress report or other documentation of work
completed satisfacto~ to the CiO/District, together with a signed invoice for
each installment.
Assurances
8. Accessibili~ of Records. The Contractor shall give the City/District, through
its authorized representative, the access to and the right to examine records,
books, papers, or docu~nts relating to this contract.
9. Reports.. Reports produced as a result of this contract shall be the property of
the Ci~/District to publish, othe~ise use, and to authorize others to use for
public purposes. Reports shall be presented to the Ci~/District in Bo (2}
bound copies and one (1} camera-rea~ copy for further reproduction.
10. Non-Discrimination and Equal Opportuni~. The Contractor is an Equal Employment
Opportuni~ (EEO) empl~er.
11. Individuals signing this contract for the Ci~/District are not personally
liable under it, and the Contractor agrees to seek recourse solely against the
CiO/District in case of b~ach.
12. This contract contains the entire agreement of the parties.
13. This contract is made in Texas, and Texas laws govern its interpretation and
perfo~ance.
CON~T~CTn~~ / / ~Date
,Jam~/~a¥~ayAssociates, Inc.
THE CII~OF THE COLOh~Y.
I~Y~L~XI~KX 3anice Carroll, City Manager
THE COLONY MUNICIPAL UTILITY DISTRICT
Sandra ~hi~o~h, President Date
STATEMENT OF SERVICES TO BE PERFORMED
INTRODUCTION The Feasibility Committee of The City of the Colony and The
Colony Municipal Utility District have requested a proposal for
management consulting services for a study regarding the
timeliness and appropriateness of either {a) consolidation of
the two entities or {b) actions to enhance the growth potential
of The Colony through additional cooperation between the city
and the district. This proposal has been prepared in response
to the request.
CONSULTING APPROACH Ray Associates, Inc.'s, approach to consulting is practical and
directed toward the implementation of our findings and recom-
mendations. We have developed a consulting style in support of
this philosophy that emphasizes:
· A team spirit toward the engagement, with the client(s)
always an active member of the team.
· Careful project organization and control. We are con-
vinced that it is the discipline of good planning and
supervision that pays off in superior performance by our
consultants and the client personnel with whom we work.
All of our engagements are actively supervised and
directed by a principal in the fi m.
· Rigid quality control reviews which assure high quality
results.
· The submission of all recommendations to our clients for
review. The result is a product that is practical and has
the full support of the client's management.
· Final products that are practical in a form that is ready
for adoption and use. We want our products to be directly
usable by general managers and local elected officials.
·Provision of assistance to key personnel to insure a
smooth transition during the implementation period.
UNDERSTANDING OF The City of The Colony (created in 1977) and The Colony Munici-
P~OJECT OBJECTIVES pal Utility District (created in lg74) have similar, but not
identical, boundaries. Together they serve the approximately
17,500 residents of The Colony community. Currently, the two
entities divide the responsibility for providing basic munici-
pal-type services. The city provides police, fire, EMS, code
enforcement, parks, recreation, and library services. The
district provides water and wastewater services. Existing
cooperative ar. rangements between the two entities provide for
cooperative use of equipment, city mowing of public lands, and
utilization of the district tax clerk to send out tax state-
ments for both entities.
Continued
1
UNDERSTANDING OF The city and the district, working through a joint feasibility
PROJECT OBJECTIVES committee want to accomplish the following objectives:
(Continued)
1. Examine the current appropriateness of consolidation
of the city and the district.
2. As an alternative to consolidation, examine the ap-
propriateness of an intergovernmental approach to
cooperation between the two entities; and
3. In the course of examining the above alternatives,
assess the impact under each alternative of (a)
future possible annexation of additional territory to
the district (such as Eastvale) and (b) possible fu-
ture annexation by the city of unincorporated areas.
4. Prepare a plan of proposed responsibilities and
actions for future municipal-type services under the
more appropriate of the two above alternatives,
showing the effect on the governmental entities and
the benefits to residents of The Colony (taxes,
service qualities, future growth potential).
WORK PLAN The work activities to be completed by Ray Associates, Inc.,
are outlined below:
Activity 1 PROJECT ORIENTATION
Objective: To meet with the Feasibility Committee's
designated officials to reconfirm project objectives, work
activities, sequencing, and key dates.
Scope and Method: The project manager will make an
initial visit to activate work on the project. Specific
tasks include:
1. Review project objectives and work plan.
2. Establish key reporting dates and specific dates for
field visits.
3. Meet key participants.
4. Collect background documents and materials~
OR~NIZE AND CONTROL THE ENGAGEMENT
~: To organize each work activity and to insure
Activity 2 that the work is completed within the proposed time frame.
Scope and'Method: The project manager will be responsible
for organizing Ray Associates, Inc.'s, responsibilities in
the engagement. Specific tasks include:
Continued
2
WORK PLAN 1. Coordination and liaison with city and district
(Continued) personnel.
Activity 2 2. Allocation of responsibilities to consulting team
(Continued) members.
3. Scheduling and sequencing of work.
4. Quality control.
5. Refinement of the work program in response to chang-
ing requirements.
Activity 3 DOCUMENT CURRENT MUNICIPAL-TYPE SERVICE ARRANGEMENTS AND ISSUES
~p: To document the services and service providers
al-type services for residents of The Colony and
surrounding area.
Scope and Method. The consultants will gather by personal
interview and will analyze information regarding current
service providers and services including:
a. Physical boundaries (incorporated areas, dis-
trict boundaries, extraterritorial jurisdiction,
utility service areas);
b. Financial information (budget, bonded indebted-
ness, tax rates, overall value of capital
investments, financial reports);
c. Organizational structures and functions;
d. Current personnel (numbers, positions, duties,
supervisory structure);
e. Major facilities and equipment;
f. Legal authorities and responsibilities of each
entity; and
g. Arrangements concerning the governing bodies and
electoral process for each entity.
A section of the final report will be prepared' using this
information to document the current situation.
Activity 4 REVIEW OF STATUTORY (LEGAL) ALTERNATIVES
Objective: To document and explain the statutory author-
ities and procedural requirements for (a) consolidation;
{b) Interlocal Cooperation; and {c} city and district
annexations as they would affect consolidation or inter-
governmental agreements.
Continued
3
WORK PLAN Scope and Method: After detemining the array of possible
(Continued) consolidation or intergovernmental agreements that the
city and the district might consider, the consultants will
Activity 4 explain the controlling statutory authorities and proce-
(Continued) dural requirements for each of the possible legal alterna-
tives, including th~ effects on:
1. Boundaries (corporate, district, ETJ, utility
service areas);
2. Ownership of assets;
3. Bonded indebtedness and other obligations;
4. Tax rates and limits;
5. Personnel;
6. Elected officials and voters; and
7. Other related matters.
A section of the report will be prepared addressing legal
ramifications of each consolidation or joint service
agreement.
Activity 5 DESCRIPTION AND ANALYSIS OF ALTERNATIVES
Objective: To describe two alternative service arrange-
ments and major advantages and disadvantages of each.
Scope and Method: The consultants will provide a written
description of:
1. A consolidation alternative;
2. An intergovernmental cooperation alternative;
3. The comparative general advantages and disadvan-
tages of each to the major governmental entities
(budgets, personnel, boundaries, bonds and in-
terest rates, utility service areas~ facilities
and equipment); and
4. An analysis of the effect on residents of The
Colony of each of the two alternatives (tax
rates, types and levels of service, water and
wastewater rates).
Continued
4
WORK PLAN PREPARE A SUGGESTED PROGRAM FOR APPROPRIATE ENHANCEMENT OF
(Continued) MUNICIPAL-TYPE SERVICES AND BENEFITS FOR THE COLONY AND COM-
PLETE THE FINAL REPORT
Activity 6
Objective: After consideration of alternatives, prepare a
step-by-step suggeeted program for implementation of the
most appropriate plan for municipal services that will
enhance the growth potential and protect or improve the
quality of municipal-type services for The Colony.
Scope and Method: This work element will result in a
written program of action for use by the Feasibility
Committee and the participating governmental entities in
providing the most appropriate service arrangements for
the residents of The Colony.
This part of the report will be written in a procedural
form that outlines possible step-by-step actions, time
schedules, and related organizational charts.
A draft report incorporating the findings of Sections 3-6
of this work program will be presented to the Feasibility
Committee and, after review, finalized.
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