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HomeMy WebLinkAboutAugust 7, 2007 Regular Session BackupNOTICE OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TUESDAY, AUGUST 7, 2007 6:00 P.M. TO: THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS AND TO ALL OTHER INTERESTED PERSONS: NOTICE IS HEREBY GIVEN THAT THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 OF TARRANT AND DENTON COUNTIES WILL MEET IN REGULAR SESSION ON TUESDAY, AUGUST 7, 2007, AT THE DISTRICT ADMINISTRATION BUILDING, IN THE BOARDROOM, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS 76262, AT 6:00 P.M., FOR THE FOLLOWING: *REGULAR SESSION A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Review and discuss FY07-08 Preliminary Budget for MUD 1. (Sakura Moten-Dedrick) Pgs. 1-12 B.2 Present and discuss 2007 Certified Appraisal Records and Rollback Tax Rate Calculation. Pgs. 13- 17 B.3 Discuss and take appropriate action to take a record vote approving the placement of a proposal to adopt a 2007 Tax Rate on the September 11, 2007 Municipal Utility District No. 1 public meeting agenda as an action item. B.4 Discuss and take appropriate action regarding the MUD 1 President announcing September 11, 2007, as the date for a Public Hearing regarding the adoption of the Fiscal Year 2007-2008 MUD 1 Budget. Pg. 18 B.5 Discuss and take appropriate to renegotiate Cingular's (AT&T) cell tower lease agreement. B.6 Discuss and take appropriate action concerning proposed contract(s) with Town of Trophy Club for the providing of water and sewer services to the proposed new development by Centurion American. B.7 Discuss and take appropriate action concerning disposition of amounts to be received as a result of the contract(s) with the Town of Trophy Club for the furnishing of water and wastewater services to the new development known as "The Highlands," including discussion and appropriate action for resolving disputes with Trophy Club MUD No. 2 over the disposition of such funds by nonbinding mediation, nonbinding arbitration or binding arbitration. C.1 Receive District Manager's Report a. Items to be placed on future agendas. D.1 Review and Approve Minutes a. July 5, 2007 – Pgs. 20-21 b. July 12, 2007 – Pgs. 22 - 25 D.2 Review and Approve Disbursements and Variance Report a. June 2007 - Pg. 27 D.3 Review Monthly Tax Collection Report a. June 2007 - Pg. 29 D.4 Set Next Meeting Date - Pg. 30 Next regularly scheduled meeting date: Tuesday, September 11, 2007 at 6:00 p.m. F.1 Adjourn. Notice is hereby given that a quorum of the Town Council may be in attendance at this scheduled meeting. * THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION) THE STATE OF TEXAS) COUNTY OF DENTON) COUNTY OF TARRANT) THIS CERTIFIES THAT ON THE AUGUST 2, 2007, A COPY OF THE ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL DISTRICT NO. 1 TO BE HELD ON AUGUST 7, 2007, WAS POSTED ON THE FRONT WINDOW OF THE TROPHY CLUB M.U.D. ADMINISTRATION BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE CONVENIENT TO THE PUBLIC WITHIN THE BOUNDARIES OF THE DISTRICT, AND A COPY WAS ALSO PROVIDED TO THE COUNTY CLERKS OF DENTON AND TARRANT COUNTIES, TO BE POSTED ON A BULLETIN BOARD AT A PLACE CONVENIENT TO THE PUBLIC IN SUCH COUNTY COURT HOUSES, PURSUANT TO SECTION 49.063 OF THE WATER CODE AND SECTION 551.054 OF THE OPEN MEETINGS ACT, CHAPTER 551 TEXAS GOVERNMENT CODE. THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETATIVE SERVICES MUST BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT MARY MOORE AT (682) 831-4685 OR FAX YOUR REQUEST TO (817) 490-0705. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No. B.1 Review and discuss FY07-08 Preliminary Budget for MUD 1. (Sakura Moten- Dedrick) EXPLANATION: For discussion. Anticipate both the required Public Hearing (per Water Code) and Budget Adoption to occur on same meeting date in September. (smd) Attachments: 1. FY07-08 MUD 1 Preliminary Budget 1 2 3 4 5 6 7 8 9 10 11 12 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No.B.2 Present and discuss 2007 Certified Appraisal Records and Rollback Tax Rate Calculation. EXPLANATION: While Water Districts are not are required to publish their rollback tax rate in the newspaper, we will, however, publish it on Trophy Club’s website and television channel. The rollback rate is the highest rate the Water District may adopt without qualified voters petitioning for a rollback election. Water Code Section 49.236(d) sets the rollback as the current year’s debt service and contract tax rates, plus the maintenance & operations (M&O) rate that would impose no more than 1.08 times the amount of M&O tax imposed by the district in the preceding year on the average appraised value of a residence homestead in the district. The average appraised value disregards any homestead exemption available only to people with disabilities or those sixty-five (65) years of age or older. MUD No. 1’s rollback tax rate is $._______/$100 valuation (provided prior to meeting). Will post "Rollback Tax Rate Calculation" on the internet and local television channel beginning August 10, 2007 through budget and tax rate adoption during September’s meeting. Newspaper not required. RECOMMENDATION: ACTION: (smd) Attachments: 1. 2007 Certified Assessment Roll Grand Totals Report 2. 2007 Water District Tax Rate Rollback Worksheet (provided prior to meeting) 13 14 15 16 17 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding the MUD 1 President announcing September 11, 2007, as the date for a Public Hearing regarding the adoption of the Fiscal Year 2007-2008 MUD 1 Budget. EXPLANATION: Will publish “Notice of Public Hearing On Tax Rate” in the Trophy Club Times on August 17, 2007. This is much in advance of the 7 days prior to hearing requirement. The notice will also be advertised on both the internet and local television channel through budget and tax rate adoption during September’s meeting. RECOMMENDATION: ACTION BY MUD1: (smd) 18 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No.D.1 Review and Approve Minutes a. July 5, 2007 b. July 12, 2007 (mm) Attachments: 1. Minutes 19 MINUTES OF SPECIAL SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 July 5, 2007 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and Denton Counties met in Special Session on Thursday, July 5, 2007, at 12:00 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer DIRECTORS ABSENT: Gary Cantrell Vice President Neil Twomey Director STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Mary Moore Recording Secretary Pete Tart Tax Attorney Sakura Dedrick Finance Director Jim Buxton Financial Analyst REGULAR SESSION A.1 Call meeting to order. President Henry announced a quorum and called the meeting to order at 12:07 p.m. A.2 Public Comments or Presentations. No public comments. B.1 Discuss and take appropriate action to approve a resolution authorizing the issuance of Series 2007 Contractual Obligations for the acquisition of a Fire Truck (E681). District Manager Fitzpatrick advised that Attorney West has reviewed the resolution and made a few minor revisions. Director Hase moved to approve the resolution, authorizing the issuance of Series 2007 Contractual Obligations for the acquisition of Fire Truck E681. Director White seconded the motion. Floor was opened up for discussion. Pete Tart addressed the Board’s questions. Motion carried unanimously. 20 F.1 Adjourn. Meeting adjourned at 12:40 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance White, Secretary/Treasurer ____________________________ Mary Moore, Recording Secretary 21 MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 July 12, 2007 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and Denton Counties met in Regular Session on Thursday, July 12, 2007, at 5:00 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Jim Hase Asst. Secretary/Treasurer Neil Twomey Director DIRECTORS ABSENT: Gary Cantrell Vice President Connie White Secretary/Treasurer STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Sakura Dedrick Finance Director Mary Moore Recording Secretary Bob West Attorney Betty Ann Henry 308 Oakmont Drive REGULAR SESSION A.1 Call Meeting to Order. President Henry announced a quorum and called the meeting to order at 5:03 p.m. A.2 Public Comments or Presentations. No public comments. B.1 Review and discuss FY07-08 Preliminary Budget for MUD 1. (Sakura Moten- Dedrick) Finance Director Dedrick addressed the Boards’ questions regarding the preliminary budget adding that not much is different from the previous month except that bank balances have been added. Director Hase stated that MUD 1 will need to raise MUD 1’s fire tax, possibly by one or two cents, to cover MUD 1’s costs of improving the Fire Station. B.2 Discuss and take appropriate action concerning proposed contract(s) with Town of Trophy Club for the providing of water and sewer services to the proposed new development by Centurion American. 22 Attorney West provided the Board with an update regarding the status of the contracts, which will be distributed later this evening at the Master District meeting for the Board to review. B.3 Discuss and take appropriate action concerning disposition of amounts to be received as a result of the contract(s) with the Town of Trophy Club for the furnishing of water and wastewater services to the new development known as "The Highlands," including discussion and appropriate action for resolving disputes with Trophy Club MUD No. 2 over the disposition of such funds by nonbinding mediation or binding arbitration. Attorney West advised that Joe B. Allen or Robin Bobbitt or someone from her law firm, Andy Johnson, or someone similar and who is familiar with MUD affairs, are arbitrator/mediator candidates. Bob West received an email today from Attorney Liston to consider Mike Page, who is familiar with Trophy Club and wrote the originall Master District contract, and was the attorney for MUD 2 and 3 when they merged. Bob West thinks it is a good suggestion, as he is a good lawyer. Bob West is more interested with finding someone who can stay neutral and is familiar with MUD agreements and procedures. Attorney West feels that the MUDs could sign the contracts as written even though the money issue is not yet resolved between MUD 1 and 2, as it is agreed that the money will go into an escrow account. The contracts are currently written to be signed by TCMUD 1, TCMUD 2, and the Town. Attorney West suggested that it should also be signed by the Master District, which is an issue that still needs to be resolved. C.1 Receive District Manager's Report a. Items to be placed on future agendas District Manager Fitzpatrick had nothing to report. D.1 Review and Approve Minutes a. April 19, 2007 - Special Session minutes b. June 12, 2007 - Regular Session minutes Director Hase moved to approve the minutes for both April 19 and June 12, 2007, with corrections. Director Twomey seconded the motion. Floor was opened for discussion. Director Twomey stated that some of the numbers under Agenda Item B.6 of the June 12th minutes were incorrect and he would submit the corrected information to Recording Secretary Moore for inclusion into the minutes. Motion carried unanimously. Amended June 12, 2007 regular session minutes now read as follows: Director Twomey looked at the 2006 fire tax values. If something was to happen to Solana, which has a value of $149 million, it would cause both MUDs’ to have to increase their fire tax rate by roughly two cents to make up for the loss of $135,142 in Solana fire taxes. 23 Next, Director Twomey looked at the amount of water and wastewater that we were charging Solana. Robert Scott provided all the numbers. In 2006, the Master MUD has total revenues of water and wastewater sales of $3.8 million dollars, with about 805 million gallons of water consumed. At the same time, roughly 672 million gallons of water were used by the non- Solana areas. In order to determine the impact of Solana has on our water system, Director Twomey first looked at total cost for Fort Worth water purchased, assuming we were still using all of our well water, and he was able to determine the cost of water per gallon purchased. Then, he examined Solana’s water revenues of $599,254, and determined that Master MUD purchased water from Fort Worth at a cost of $221,649. Director Twomey again noted that the Solana Fire Tax revenue equals $135,143 along with the revenue from Solana reduced by the cost of Fort Worth water expenditures was $377,604 equaled $512,747 in financial benefits to the taxpayers in MUD 1 and MUD 2 in 2006. Also, Director Twomey asked the Board to consider the anticipated expansion in Solana. It can only increase future tax valuations and water usage and that will have an increased positive financial impact on both MUDs in the form of lower Fire taxes and reduced water rates. He noted that the present value of $512,747 over 20 years is worth $6.3 million to the Master MUD and the future financial benefits will increase as Solana continues to develop. Master MUD has total revenues of water and wastewater sales of $3.8 million dollars, with about 805 million gallons consumed, then subtracted out Solana, came down to roughly $672 million used by non-Solana areas. The impact of Solana has on water system, first, looked at total cost for Fort Worth water, assuming still using well water, and figured out their cost per gallon, then took Solana water sales, and determined that Master MUD would have a reduced expense of $221,000. The Solana Fire Tax revenue equals $135,000. The revenue from Solana reduced by Fort Worth water expenditures, purchases came out to net of $377,000 and add $145,000 equals a $513,000 benefit to the MUDs and our water system. Also, need to look at expansion in Solana, which will increase taxes and water usage, positive impact on both MUDs. The present value of $513,000 over 20 years is worth $6.3 million, and the income will go up in taxes and water sales, and that number will increase. Everyone’s water would be higher without Solana as well as have taxes go up two cents. D.2 Review and Approve Disbursements and Variance Report a. May 2007 Director Hase moved to approve the disbursements and variance report for May 2007. Director Twomey seconded the motion. Motion carried unanimously. 24 D.3 Review Monthly Tax Collection Report a. May 2007 Board reviewed the May Tax Collection Report with no action taken. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, August 7, 2007, 6:00 p.m. Board agreed to meet on Tuesday, August 7, 2007, at 6:00 p.m. F.1 Adjourn. Meeting adjourned at 5:48 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Jim Hase, Secretary/Treasurer ____________________________ Mary Moore, Recording Secretary 25 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No.D.2 Review and Approve Disbursements and Variance Report a. June 2007 EXPLANATION: See attached. RECOMMENDATION: ACTION BY MUD1: (smd) Attachments: 1. Variance Report 26 27 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 8-7-2007 Subject: Agenda Item No. D.3 Review Monthly Tax Collection Report a. June 2007 EXPLANATION: June 2007 (mm) Attachments: 1. June Tax Collection Report 28 29