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.
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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.
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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.
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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.
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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.
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