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HomeMy WebLinkAboutMay 18, 2006 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, May 18, 2006 5:15 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Discuss and take appropriate action regarding adoption of Order 2006-0518, canvassing the returns and declaring the results of the Directors' election. B.2 Discuss and take appropriate action to grant an Easement and Right-of-Way to TXU Electric Delivery Company for electric service at new building adjacent to Wastewater Treatment Plant. B.3 Discuss and take appropriate action to consider MUD 1's fund allocation for annual 4th of July Festivities (Adam Adams). B.4 Discuss and take appropriate action regarding 2006 Interlocal Cooperation Agreement between MUD 1 and Denton County for property tax collection. B.5 Discuss and take appropriate action to amend Cingular lease. D.1 Receive Preliminary Budget Information D.2 Review and Approve Minutes a. March 9, 2006 - Regular Session minutes D.3 Review and Approve Disbursements a. February 2006 b. March 2006 c. April 2006 D.4 Review Monthly Tax Collection Report a. February 2006 b. March 2006 c. April 2006 D.5 Set Next Meeting Date a. Tuesday, June 13, or July 11, 2006 at 6:00 p.m. F.1 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.A.1 Call to Order and Announce a Quorum. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.A.2 Public Comments or Presentations. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.B.1 Discuss and take appropriate action regarding adoption of Order 2006-0518, canvassing the returns and declaring the results of the Directors' election. (mm) Attachments: 1. Order (Incomplete due to date of inclusion into packet; for reference only.) TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ORDER NO. 2006-0518 AN ORDER OF THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR THE CANVASSING OF RETURNS AND DECLARING THE RESULTS FROM A JOINT GENERAL ELECTION HELD ON MAY 13, 2006, FOR THE PURPOSE OF ELECTING THREE (3) DIRECTORS TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 FOR FOUR (4) YEAR TERMS EACH. WHEREAS, on the 18th of May, 2006, Trophy Club Municipal District No. 1 of Denton and Tarrant Counties, Texas (the “District”) held an election at 100 Municipal Drive, Trophy Club, within the boundaries of the District, for the election of three (3) members of the Board of Directors of the District; and WHEREAS, the official returns of said election have been delivered to the presiding officer of the Board of Directors of the District and have been certified to the Board of Directors by the presiding judge of said election; NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, OF DENTON COUNTY, TEXAS, THAT: Section 1: It is hereby found and declared that at the election described in the preamble hereto ballots were cast for the election of three (3) directors of the District for the following persons received the following votes: NAME OF CANDIDATE TOTAL NUMBER OF EARLY VOTING VOTES RECEIVED TOTAL NUMBER OF VOTES RECEIVED AT POLL ON ELECTION DAY TOTAL NUMBER OF VOTES RECEIVED Connie White Mike Foley Neil Twomey Gary Cantrell Ted Neidenberger CANVASSING ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT 1 Page 2 Section 2: It is hereby found and declared that: 1. 2. 3. have been elected directors of Trophy Club Municipal Utility District No. 1, of Denton and Tarrant Counties, Texas, to serve until the annual directors’ election in May, 2010 or until their successors have been duly elected or appointed and have qualified. Section 3: Each of said persons shall enter into the duties of his or her office and shall begin to serve his or her term of office upon filing the sworn statement prescribed by the Constitution of the State of Texas, posting bond in the amount of $10,000 as required by law, taking the constitutional oath of office. PASSED AND APPROVED this 18th day of May, 2006. ________________________________ DEAN HENRY, President Trophy Club Municipal Utility District No. 1 ATTEST: ____________________________________ CONSTANCE WHITE, Secretary Trophy Club Municipal Utility District No. 1 [SEAL] APPROVED AS TO FORM: ____________________________________ Robert G. West, District Attorney Trophy Club Municipal Utility District No. 1 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.B.2 Discuss and take appropriate action to grant an Easement and Right-of-Way to TXU Electric Delivery Company for electric service at new building adjacent to Wastewater Treatment Plant. EXPLANATION: RECOMMENDATION: Staff recommends approval. (wrf) Attachments: 1. Easement and Right-Of-Way MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.B.3 Discuss and take appropriate action to consider MUD 1's fund allocation for annual 4th of July Festivities (Adam Adams). EXPLANATION: RECOMMENDATION: (aa) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding 2006 Interlocal Cooperation Agreement between MUD 1 and Denton County for property tax collection. EXPLANATION: Annual agreement with Denton County for tax collection. RECOMMENDATION: Staff recommends approval of this annual agreement with Denton County. (mm) Attachments: 1. Cover Letter 2. ILA MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.B.5 Discuss and take appropriate action to amend Cingular lease. EXPLANATION: The proposed amendment has been sent to counsel for approval, and will be presented for execution on Thursday May 18. RECOMMENDATION: Staff recommends approval. (wrf) Attachments: 1. Amended Cingular Agreement Cell Site No. 3346 Market: NTX Address: 100 MUNICIPAL DR, TROPHY CLUB, TEXAS 76262 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (“Amendment”), dated as of the latter of the signature dates below, is by and between Trophy Club Municipal Utility District #1, , a Texas Municipal Utility District, having a mailing address of 100 Municipal Drive, Trophy Club, Texas 76262 (hereinafter referred to as “Landlord”) and Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as “Tenant”). WHEREAS, Landlord and Tenant entered into a Lease Agreement dated August 22, 1995, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at North of the Intersection of T.W. King and Hwy 114 on T.W. King Road, Trophy Club, Texas 76262 ("Agreement"); and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. The Lease Agreement shall be extended as follows: Beginning July 1, 2006 through June 30, 2011 the rent shall be Twelve Thousand Six Hundred Ninety Six Dollars ($12,696.00) per year to be paid in equal monthly installments and the rental for years July 1, 2011 to June 30, 2016 and hereafter shall be Fourteen Thousand Six Hundred Dollars ($14,600.00) per year to be paid in equal monthly installments. 2. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the following: NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. As to Tenant, Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, Attn: Network Real Estate Administration Re: Cell Site # 3346, Cell Site Name : TROPHY CLUB, 6100 Atlantic Boulevard, Norcross, GA 30071, with a copy to Cingular Wireless LLC, Attn: Legal Department 15 E Midland Avenue, Paramus, NJ 07652 Re: Cell Site # 3346, Cell Site Name TROPHY CLUB; and as to Landlord, TROPHY CLUB MUD #1, Attn: District Manager, 100 Municipal Drive, Trophy Club, Texas 76262. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 3. Emergency 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 4. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 5. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. 6. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. (signature page immediately following) IN WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the dates set forth below. LANDLORD: TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1 By: _______________________ Name: _______________________ Title: ________________________ Date: ________________________ TENANT: Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, ___________________________ By: _____________________ Name: _______________________ Title: _____________________ Date: ______________________ ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ______________________, __________________________of Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company , known to me to be the person and the officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company and that they executed the same as the act of such association for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this the ______day of __________, A.D. 2006 _____________________________________ (seal) Notary Public in and for the State of Texas _____________________________________ Commission Expires ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ______________________, __________________________of _______________________, known to me to be the person and the officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of ____________________ and that they executed the same as the act of such association for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this the ______day of _________, A.D. 2006 _____________________________________ (seal) Notary Public in and for the State of Texas _____________________________________ Commission Expires Return to: c/o Cingular Wireless 6100 Atlantic Boulevard Norcross, Georgia 30071 Attn: Network Real Estate Administration Re: Cell Site #3345; Cell Site Name: TROPHY CLUB State: TEXAS County: DENTON FIRST AMENDMENT TO MEMORANDUM OF LEASE This FIRST Amendment to Memorandum of Lease is entered into on this ____ day of ________, 2006, by and between TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1, a Texas Municipal Utility District, having a mailing address of 100 Municipal Drive, Trophy Club, Texas 76262 (hereinafter referred to as “Landlord”) and Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company having a mailing address of 6100 Atlantic Boulevard, Norcross, GA 30071 (hereinafter referred to as "Tenant"). 1. Landlord and Tenant entered into a certain Lease (“Agreement”) on the 22 day of August, 1995, as amended by that certain FIRST Amendment to Lease Agreement for the purpose of installing, operating and maintaining a communications facility and other improvements. A Memorandum of Lease reflecting the Agreement was recorded _______, 1995 in Book ____, page(s) _______, in the public records of Denton County, State of Texas. 2. In addition to the Extension Terms presently set forth in the Agreement, the Agreement will automatically renew for two (2) separate consecutive additional periods of five (5) years each upon the same terms and conditions of the Agreement, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the existing term. 3. This First Amendment to Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this [First, Second, Third] Amendment to Memorandum of Lease and the provisions of the Agreement, the provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. (signature page immediately following) IN WITNESS WHEREOF, the parties have executed this First Amendment to Memorandum of Lease as of the day and year first above written. WITNESSES: "LANDLORD" TROPHY CLUB MUNICIPAL UTILITY DISTRICT #1 Print Name: By: Print Name: Print Name: Its: Date: "TENANT" Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, ___________________________________ ________________________________ Print Name: _______ By: Print Name: Print Name: Its: Date: ATTACHMENT 1 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DALLAS § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ______________________, __________________________of Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company , known to me to be the person and the officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Houston Cellular Telephone Company, LP, by its general partner, New Cingular Wireless PCS, LLC, a Delaware limited liability company and that they executed the same as the act of such association for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this the ______day of __________, A.D. 2006 _____________________________________ (seal) Notary Public in and for the State of Texas _____________________________________ Commission Expires ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF DENTON § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared ______________________, __________________________of _______________________, known to me to be the person and the officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of ____________________ and that they executed the same as the act of such association for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office on this the ______day of _________, A.D. 2006. __________________________________ (seal) Notary Public in and for the State of Texas _____________________________________ Commission Expires MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.D.1 Receive Preliminary Budget Information We are giving you these very preliminary budget numbers to begin budget consideration. As this will be a brief special meeting, we will not be able to enter into any full discussion of any items. However, Roger and I felt that by getting them out to you now would be more productive for discussion at the next full budget meeting. (rau) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No. D.2 Review and Approve Minutes a. March 9, 2006 - Regular Session minutes (mm) Attachments: 1. Minutes MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 MARCH 9, 2006 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and Denton Counties met in Regular Session on Thursday, March 9, at 5:30 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Ted Neidenberger Vice President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer Gary Cantrell Director STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Mary Moore Recording Secretary Roger Unger Interim Town Manager Sakura Dedrick Financial Analyst Pam Liston MUD 2 Attorney Jim Budarf MUD 2 Director REGULAR SESSION A.1 Call meeting to order. President Henry announced a quorum and called the meeting to order at 5:30 p.m. A.2 Public Comments or Presentations. None. B.1 Discuss and take appropriate action regarding an Ordinance calling a Joint/General/Special Election for May 13, 2006. Director White moved to approve the Ordinance calling a Joint/General/Special election for May 13, 2006. Director Neidenberger seconded the motion; motion carried unanimously. D.1 Review and Approve Minutes a. February 13, 2006 - Special Meeting Director Neidenberger moved to approve the minutes for February 13, 2006. Director Hase seconded the motion; motion carried unanimously. D.2 Review and Approve Disbursements a. January 2006 Director Neidenberger moved to approve the disbursements for January 2006. Director Hase seconded the motion; motion carried unanimously. D.3 Set Next Meeting Date a. Tuesday, May 9, 2006 at 6:00 p.m. The Board agreed to meet on above date and time. F.1 Adjourn. Meeting adjourned at 5:40 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ____________________________________ Mary Moore, Recording Secretary MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.D.4 Review Monthly Tax Collection Report a. February 2006 b. March 2006 c. April 2006 (mm) Attachments: 1. Tax Collection Reports for February and March MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 5-18-2006 Subject: Agenda Item No.F.1 Adjourn. (mm)