HomeMy WebLinkAboutMarch 6, 2007 Regular Session BackupTown of Trophy Club
Municipal Utility District No.1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Tuesday, March 6, 2007
6:00 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 acceptance of the 2005-2006 fiscal year-
end financial audit for Trophy Club Municipal Utility District No. 1.
B.2 Discuss and take appropriate action regarding Order 2007-0306, establishing a records
management program.
B.3 Discuss and take appropriate action concerning the amount of directors' fees. (Gary
Cantrell)
B.4 Discuss and take appropriate action concerning improving the communication between
the MUDs and Trophy Club residents. (Neil Twomey)
B.5 Discuss and take appropriate action concerning proposed contract with Town for the
providing of water and sewer services to the proposed new development by Centurion
American.
D.1 Receive District Manager's Report
a. Items to be placed on future agendas
D.2 Review and Approve Minutes
a. January 9, 2007
D.3 Review and Approve Disbursements
a. December 2006
b. January 2007
D.4 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, April 10, 2007, 6:00 p.m.
E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov.
Code: Adjourn into closed meeting for the Board to conduct a private consultation with
its attorney for the following purpose: On a matter in which the duty of the attorney to
the District under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas clearly conflicts with Chapter 551 of the Texas Government Code, on the
following matter: Proposed agreement between Trophy Club MUD No. 1 and Trophy
Club MUD No. 2 for division of funds expected to be received from Centurion American
Development as developer of the areas in the Town of Trophy Club not within a MUD,
for water and sewer services to the proposed new development areas.
F.1 Discuss and take appropriate action regarding proposed agreement between Trophy Club
MUD No. 1 and Trophy Club MUD No. 2 for division of funds expected to be received
from Centurion American Development, as developer of the areas of the Town of Trophy
Club not within a MUD, for water and sewer services to the proposed new development
areas.
F.2 Adjourn.
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
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: 3-6-2007
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: 3-6-2007
Subject: Agenda Item No. B.2
Discuss and take appropriate action regarding Order 2007-0306, establishing a
records management program.
EXPLANATION:
The attached order is a revision of Order 91-0227, which was outdated and in need of revision.
Shannon DePrater, the Town/MUD Records Management Officer, is requesting the Order be
brought up to date. The Town and MUD 2 have approved the update to their Records
Management Ordinance.
RECOMMENDATION:
Staff recommends approval.
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Attachments: 1. Memorandum
2. Ordinance 2007-0306
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER NO. 2007-0306
AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1,
(the “DISTRICT”) REPEALING ORDER NO. 91-0227, ESTABLISHING
A RECORDS MANAGEMENT PROGRAM, AND ADOPTING A NEW
ORDER BY DESIGNATING THE OFFICE OF COMPUTER SUPPORT
SPECIALIST AND SUCCESSIVE HOLDERS AND DESIGNEES OF
THAT OFFICE AS THE RECORDS MANAGEMENT OFFICER FOR THE
DISTRICT; REQUIRING THE DEVELOPMENT OF A RECORDS
MANAGEMENT PLAN UNDER THE DIRECTION OF THE DISTRICT
MANAGER; AND REQUIRING SUBMISSION OF THE PLAN TO THE
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF
DIRECTORS (“BOARD OF DIRECTORS”) FOR APPROVAL;
SPECIFYING DUTIES OF THE RECORDS MANAGEMENT OFFICER
AND OTHER REGULATIONS RELATED TO THE MAINTENANCE,
DESTRUCTION, AND STORAGE OF RECORDS; PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND
REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a
Municipal Utility District operating pursuant to Chapter 54 of the Texas Water Code; and
WHEREAS, the District’s Board of Directors (“Board of Directors”), as the
governing body of the Municipal Utility District, is charged with establishing and
maintaining a program for the efficient and economical management of all local
government records; and
WHEREAS, the Board of Directors is required to cause policies and procedures
to be developed for the administration of a Records Management Program under the
direction of a Records Management Officer; and
WHEREAS, Chapter 203 of the Texas Local Government Code establishes
duties of the Records Management Officer and requires the Board of Directors to
prescribe rules and procedures for the establishment and operation of the records
management program; and
WHEREAS, the Board of Directors has determined that the Office of Computer
Support Specialist shall serve as the Records Management Officer and a Records
Management Plan for the District shall be developed under the direction of the District
Manager.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
1. Policy
A. It is hereby declared to be the policy of the District to provide for efficient,
economical, and effective controls over the creation, distribution, organization,
maintenance, use, and disposition of all district records through a comprehensive
system of integrated procedures for the management of records from their
creation to their ultimate disposition, consistent with the requirements of the Texas
Local Government Records Act and accepted Records Management Practice.
2. Definitions
A. Commission: The Texas State Library and Archives Commission.
B. Custodian of Records: The appointed public officer(s) who by Order or
administrative policy is in charge of an office that creates or receives local
government records.
C. Director and Librarian: The executive and administrative officer of the Texas
State Library and Archives Commission.
D. Essential Record: Any local government record of the District necessary to
the resumption or continuation of operations of the District in an emergency
or disaster, to the re-creation of the legal and financial status of the District,
or to the protection and fulfillment of obligations to the people of the state.
E. District Record: Any documents, papers, letters, books, maps,
photographs, sound or video recordings, microfilm, magnet tape, electronic
media, or other information recordings media, regardless of physical form or
characteristic and regardless of whether public access to it is open or
restricted under the laws of the state, created or received by District or any
of its officers or employees pursuant to law or in the transaction of public
business are hereby declared to be the records of the District and shall be
created, maintained, and disposed of in accordance with the provisions of
this Order or procedures authorized by it and in no other manner. The term
does not include:
1. Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the District;
2. Notes, journals, diaries, and similar documents created by an officer or
employee of the District for the officer’s or employee’s personal
convenience;
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of
reference or display;
6. Copies of documents in any media furnished to members of the public
to which they are entitled under Chapter 552, Government Code, or
other state law; or
7. Any records, correspondence, notes, memoranda, or documents, other
than a final written agreement described by Section 2009.054(c),
Government Code, associated with a matter conducted under an
alternative dispute resolution procedure in which personnel of a state
department or institution, local government, special district, or other
political subdivision of the state participated as a party, facilitated as
an impartial third party, or facilitated as the administrator of a dispute
resolution system or organization.
F. Permanent Records: Or “Record of Permanent Value” means any record of
the District for which the retention period on a Records Retention Schedule
issued by the Texas State Library and Archives Commission is given as
permanent.
G. Records Control Schedule: A document prepared by or under the authority
of the Records Management Officer listing the records maintained by the
District, their retention periods, and other records disposition information
that the District’s Records Management Program may require.
H. Records Management: The application of management techniques to the
creation, use, maintenance, retention, preservation, and disposal of records
for the purposes of reducing the costs and improving the efficiency of
recordkeeping. The term includes the development of Records Control
Schedules, the management of filing and information retrieval systems, the
protection of essential and permanent records, the economical and space-
effective storage of inactive records, control over the creation and
distribution of forms, reports, and correspondence, and the management of
micrographics and electronic and other records storage systems.
I. Records Liaison Officers: The persons designated by the District Manager
to interface with other departments, “Master District” and Town, and the
public and to perform such other duties as assigned.
J. Records Management Officer: The person or position designated in this
Order as the Records Management Officer and his or her successor.
K. Records Management Plan: A plan developed under Section 5 of this Order.
L. Records Retention Schedule: A document issued by the Texas State Library
and Archives Commission under authority of the Texas Government Code,
as amended, establishing mandatory retention periods for local government
records.
M. Retention Period: The minimum time that must pass after the creation,
recording, or receipt of a record, or fulfillment of certain actions associated
with a record, before it is eligible for destruction.
3. District Records Declared Public Property
A. All District Records as defined in this Order are hereby declared to be the
property of the District. No District official or employee has, by virtue of his
or her position, any personal or property right to such records even through
he or she may have developed or compiled them. The unauthorized
destruction, removal from files, or use of such records is prohibited.
4. Designation of Records Management Officer
A. The office of Computer Support Specialist, and successive holders and
designees of said office, shall serve as Records Management Officer. As
provided by state law, each successive holder of the office shall file his or
her name with the director and librarian of the Texas State Library within
thirty (30) days of the initial designation or of taking up the office, as
applicable. The Board of Directors designation of the name, office, or
position of the Records Management Officer shall be entered into the
minutes of the District’s meeting at which such designation is made.
5. Records Management Plan to be Developed; Approval of Plan; Authority of Plan
A. The Records Management Officer, under the direction of the District
Manager, shall develop a Records Management Plan for the District for
submission to and approval by the Board of Directors. The plan shall be
adopted by Order and must provide methods and procedures to enable the
Board of Directors, Custodian of Records, and Records Management Officer
to fulfill the duties and responsibilities set out in the Texas Local
Government Code, Sections 203.021, 203.022, and 203.023, as amended,
concerning the management and preservation of records. A copy of the
Order shall be filed by the Records Management Officer with the Director
and Librarian within thirty (30) days after the date of its adoption. The plan
shall also contain policies and procedures designed to reduce the costs and
improve the efficiency of recordkeeping, to adequately protect the essential
records of the District, and to properly preserve those records of the District
that are of historical value. The plan must be designed to enable the
Records Management Officer to carry out his or her duties prescribed by
state law and this Order effectively.
B. Once approved by the Board of Directors, the Records Management Plan
shall be binding on all offices, departments, divisions, programs,
commissions, bureaus, boards, committees, or similar entities of the District
and records shall be created, maintained, stored, microfilmed.
C. State law relating to the duties, other responsibilities, or recordkeeping
requirements of a Custodian of Records does not exempt him or her or the
records in his or her care from the application of this Order and the Records
Management Plan adopted under it, nor may it be used by the Custodian of
Records as a basis for refusal to participate in the Records Management
Program of the District.
6. Duties of Records Management Officer
A. In addition to other duties assigned in this Order and state law, the Records
Management Officer shall:
1. Assist in establishing and developing policies and procedures for a
Records Management Program; and
2. Administer the Records Management Program and provide assistance
to Staff for the purposes of reducing the costs and improving the
efficiency of recordkeeping; and
3. In cooperation with the Custodian of Records shall:
a. Prepare and file the records control schedules and amended
schedules required by Section 203.041 and the list of obsolete
records as provided by Section 203.044 as amended, of the Texas
Local Government Code; and
b. Prepare or direct the preparation of requests for authorization to
destroy records not on an approved control schedule as provided
by this Order; and
c. Identify and take adequate steps to preserve District Records that
are of permanent value; and
d. Identify and take adequate steps to protect essential District
Records; and
e. Ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of records is carried out in
accordance with the policies and procedures of the District’s
Record Management Program and the requirements of state law,
including rules and policies adopted under that Program; and
f. Disseminate to the Board of Directors and Custodians of Records
information concerning state laws, administrative rules, and the policies
of the District relating to District records; and
g. Establish procedures to ensure that the handling of records in any
context of the Records Management Program by the Records
Management Office or those under the officer’s authority is carried out
with due regard for:
i. The duties and responsibilities of Custodians that may be imposed
by law; and
ii. The confidentiality of information in records to which access is
restricted by law.
7. Records Control Schedules to be Developed; Approval; Filing with State
A. The Records Management Officer, acting under the direction of the District
Manager, shall prepare Records Control Schedules on a department-by-
department basis, listing all records created or received by the department,
and the retention period for each record. Records Control Schedules shall
also contain such other information regarding the disposition of District
Records as the Records Management Plan may require.
B. Each Records Control Schedule shall be monitored and amended as needed
by the Records Management Officer on a regular basis to ensure that it is in
compliance with records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs of the
department and the Records Management Program of the District.
C. Before its adoption, a Records Control Schedule or amended schedule for a
department must be approved by the District Manager.
D. Before its adoption, a Records Control Schedule must be submitted and
accepted for filing by the Director and Librarian as provided by state law. If
a Schedule is not accepted for filing, the Schedule shall be amended to
make it acceptable for filing. The Records Management Officer shall submit
the Records Control Schedules to the Director and Librarian.
8. Implementation of Records Control Schedules; Destruction of Records Under
Schedule
A. A Records Control Schedule for a department that has been approved and
implemented in accordance with the policies and procedures of the Records
Management Plan.
B. A record whose retention period has expired on a Records Control Schedule
shall be destroyed unless an open records request is pending on the record,
the subject matter of the record is pertinent to a pending lawsuit, or a
department head requests in writing to the Records Management Officer that
the record be retained for an additional period.
C. Prior to the destruction of a record under an approved Records Control
Schedule, authorization for the destruction must be obtained by the Records
Management Officer from the District Manager.
9. Destruction of Unscheduled Records
A. A record that has not yet been listed on an approved Records Control
Schedule may be destroyed if its destruction has been approved in the same
manner as a record destroyed under an approved schedule and the Records
Management Officer has submitted to and received back from the Director
and Librarian an approved destruction authorization request.
10. Records Center
A. A records center, developed pursuant to the plan required by this Order,
shall be under the direct control and supervision of the Records
Management Officer. Policies and procedures regulating the operations and
use of the records center shall be contained in the Records Management
Plan developed hereunder.
11. Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the
Records Management Plan shall be centralized and under the direct
supervision of the Records Management Officer. The Records Management
Plan shall establish policies and procedures for the storage of District
Records, including policies to ensure that any alternative storage method is
utilized in accordance with standards and procedures for the District
Records established in rules of the Texas State Library and Archives
Commission. The plan shall also establish criteria for determining the
eligibility of records for alternative storage methods and protocols for
exempting records from the centralized process; provided however, that
exempted records are still subject to periodic review by the Records
Management Officer as to cost-effectiveness, administrative efficiency, and
compliance with commission rules
SECTION 3.
SAVINGS AND REPEALER
That this Order shall be cumulative of all other Orders of the District affecting
Records Management and shall not repeal any of the provisions of such Orders except
in those instances where provisions of those Orders are in direct conflict with the
provisions of this Order and all other provisions of the Orders of the District, not in
conflict with the provisions of this Order, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Order has been initiated or has arisen under or
pursuant to such repealed Order shall continue to be governed by the provisions of that
Order and for that purpose the Order shall be deemed to remain and continue in full
force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Order, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of the Order, and the Board of
Directors hereby declare it would have passed such remaining of the Order
despite such invalidity, which remaining portions shall remain in full force and
effect.
SECTION 5.
EFFECTIVE DATE
This Order shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Board of Directors of the Trophy Club
Municipal Utility District No. 1, this the _____ day of ___________, 2007.
_______________________________
President
Trophy Club Municipal Utility District No. 1
ATTEST:
_________________________________________
Secretary
Trophy Club Municipal Utility District No. 1
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Attorney
Trophy Club Municipal Utility District No. 1
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
Subject: Agenda Item No. B.3
Discuss and take appropriate action concerning the amount of directors' fees. (Gary
Cantrell)
EXPLANATION:
One of the Directors has suggested that we should re-visit the matter of the amount of a Director's fees,
particularly but not exclusively, for the regular meeting. FYI, the maximum which can be charged, and
which many MUD Directors elsewhere receive is $150.00.
(gc)
Attachments: 1. None
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
Subject: Agenda Item No.B.4
Discuss and take appropriate action concerning improving the communication between the
MUDs and Trophy Club residents. (Neil Twomey)
EXPLANATION:
Several of the Directors have suggested that we should improve our public relations. This item is placed
on the agenda to give an opportunity to advance suggestions, and upon agreement, to implement those
suggestions.
(nt)
Attachments: 1. None
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
Subject: Agenda Item No.D.1
Receive District Manager's Report
a. Items to be placed on future agendas
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
Subject: Agenda Item No. D.2
Review and Approve Minutes
a. January 9, 2007
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Attachments: 1. Minutes
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
January 9, 2007
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Tarrant and
Denton Counties met in Regular Session on Tuesday, January 9, 2007, at 6:00 p.m., in the
Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club,
Texas 76262.
DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
STAFF AND GUESTS PRESENT:
Walter Fitzpatrick District Manager
Sakura Dedrick Finance Director
Mary Moore Recording Secretary
Brandon Emmons Town Manager
Danny Thomas Fire Chief
Bob West Attorney
REGULAR SESSION
A.1 Call meeting to order.
President Henry announced a quorum and called the meeting to order at 6:00 p.m.
A.2 Public Comments or Presentations.
No public present.
B.1 Discuss and take appropriate action concerning proposed contract with Town for
the providing of water and sewer services to the proposed new development by
Centurion American.
Town Manager Emmons stated that he should have the first draft of the contract ready for the
MUDs to review for their February meeting.
District Manager Fitzpatrick stated that use of a PID for the new development is still under
consideration by the Attorney General.
No action taken.
B.2 Discuss and take appropriate action to authorize the MUD 1 President to execute
the sale of a 1988 Spartan Fire Engine for not less than $48,000.
President Henry moved to authorize the MUD 1 President to execute the sale of the Fire
Department’s 1988 Spartan Fire Engine for not less than $48,000. Director Cantrell seconded
the motion. Floor was opened for discussion. Mover amended the motion to strike out for not
less than $48,000 and amend/replace with for the best price possible or best offer. Director
Cantrell seconded the amended motion. Motion carried unanimously.
D.1 Receive District Manager's Report
a. Items to be placed on future agendas
District Manager Fitzpatrick updated the Board and addressed their questions.
President Henry stated that Director Hase will be serving on the audit committee, replacing
Director Neidenberger, who was part of the audit committee.
Counsel West updated the Board with regard to discussions with Fort Worth Water Department.
D.2 Review and Approve Minutes
a. December 14, 2006 - Regular Session minutes
Director Hase moved to approve the minutes for December 14, 2006. Director Twomey
seconded the motion; motion carried unanimously.
D.3 Review and Approve Disbursements
a. November 2006
Director Twomey moved to approve the November 2006 disbursements. Director White
seconded the motion. The floor was opened for discussion. Director Cantrell had questions
regarding the amount already spent on the line for Small Tools. Finance Director Dedrick stated
she would investigate. Motion carried unanimously.
D.4 Set Next Meeting Date
a. Tuesday, February 13 or March 13, 2007 at 6:00 p.m.
Board agreed to meet on Thursday, February 15, 2007 at 5:30 p.m., before the Master District
meeting.
MUNICIPAL UTILITY DISTRICT 1 TO CONVENE INTO CLOSED SESSION
CLOSED SESSION
The MUD 1 Board convened into Closed Session at 6:26 p.m.
E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov.
Code: Adjourn into closed meeting for the Board to conduct a private consultation with
its attorney for the following purpose:
TO CONDUCT A PRIVATE CONSULTATION WITH THE
DISTRICT'S ATTORNEY on a matter in which the duty of the attorney to
the District under the Texas Disciplinary Rules of Professional Conduct of
the State Bar of Texas clearly conflicts with Chapter 551 of the Texas
Government Code, on the following matter: Proposed agreement between
Trophy Club MUD No. 1 and Trophy Club MUD No. 2 for division of
funds expected to be received from Centurion American Development as
developer of the areas of the Town of Trophy Club not within a MUD, for
water and sewer services to the proposed new development areas.
MUNICIPAL UTILITY DISTRICT 1 TO RECONVENE INTO REGULAR SESSION
REGULAR SESSION
The MUD 1 Board reconvened into Regular Session at 7:08 p.m.
F.1 Discuss and take appropriate action regarding proposed agreement between Trophy
Club MUD No. 1 and Trophy Club MUD No. 2 for division of funds expected to be
received from Centurion American Development, as developer of the areas of the
Town of Trophy Club not within a MUD, for water and sewer services to the
proposed new development.
Discussion was held in closed session with no action taken.
F.2 Adjourn.
Meeting adjourned at 7:10 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Jim Hase, Secretary/Treasurer
____________________________________
Mary Moore, Recording Secretary
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 3-6-2007
Subject: Agenda Item No.F.2
Adjourn.
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