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HomeMy WebLinkAboutOctober 9, 2007 Regular Session Backup Town of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, October 9, 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 to amend Cingular's (AT&T) cell tower lease agreement. (Sakura) B.2 Discuss and take appropriate action to enable the Master District to collect and retain interest on customer deposits. B.3 Discuss and take appropriate action regarding Order 2007-1009, approving the 2007 MUD 1 Rate Order. B.4 Discuss and take appropriate action regarding the PowerPoint presentation prepared by the Town. B.5 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. C.1 Receive District Manager's Report Items to be placed on future agendas: a. Discuss and take appropriate action concerning the contract between the MUDs and the Town of Trophy Club for the operation of the Fire Department. D.1 Review and Approve Minutes a. September 7, 2007 - Special Joint Session minutes b. September 11, 2007 - Regular Session minutes D.2 Review and Approve Disbursements and Variance Report a. August 2007 D.3 Review Monthly Tax Collection Report a. August 2007 D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, November 13, 2007, 6:00 p.m. (This is AFTER the Master District meeting, scheduled for November 8th) F.1 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 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: 10-9-2007 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: 10-9-2007 Subject: Agenda Item No.B.1 Discuss and take appropriate action to amend Cingular's (AT&T) cell tower lease agreement. (Sakura) EXPLANATION: In Aug 2007, Finance mistakenly took an AT&T (tenant) request specifically to MUD 1 to renegotiate the current cell tower lease agreement. At that time, we were not aware of the fact that the original contract entered into on 22 Aug 95 was done so by MUD1 as the lessee; however, it was acting as the Master District. The first amendment entered into on 31 May 06 also had the lessee listed as MUD1 as well. Since Aug 2007, Finance was able to negotiate AT&T’s second amendment offer, and they have revised their proposed contract as countered. Below are the major details: Original contract entered into 22 Aug 95, with effective term date beginning Sep 95. Expiration terms: Notice in writing at least six (6) months prior to expiration of such term (Either Party). Anytime upon one (1) year’s prior written notice (Lessee). No guarantee period. First Amendment to original contract entered into 31 May 06, with effective term date beginning Jul 06 and automatic renewal for two (2) separate consecutive additional periods of five (5) years each: Notice in writing at least sixty (60) days prior to expiration of existing term (Tenant). Anytime upon one (1) year’s prior written notice (Lessee). No guarantee period. Summary Overview Current AT&T Counter Base Rent: $1058 ($12,696 Year) $688 ($8,252 Year) $847 ($10,164 Year) Rent Frequency: Monthly Monthly Monthly New Initial Term: N/A 60 Months 60 Months # Of Renewal Terms: N/A 5 2 Escalation After Term: 15.00% 5.00% 7.50% Termination Notice By Lessee: 12 Months 30 Months 12 Months Rent Guarantee Period: N/A N/A 36 Months Upon review and the recommendation of legal, this proposed second amendment also incorporates the following: • Updated the lessee to Trophy Club Master District • Corrected our address for notice and correspondence • Removed any reference to “Expansion of Permitted Use,” which states that the Tenant may modify, supplement, replace, upgrade, expand or refurbish its Communications Facility, increase the number of antennas thereon or relocate the Facility within the leased premises at any time during the term of the agreement. This language went far beyond the language and intent of the existing original lease. RECOMMENDATION: Finance would like to recommend that the proposed amendment be approved. ACTION: (smd) Attachments: 1. Lease Optimization Program Memo From AT&T 2. Lease Extension Term Sheet 3. Proposed Second Amendment To Lease Agreement MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.B.2 Discuss and take appropriate action to enable the Master District to collect and retain interest on customer deposits. EXPLANATION: Currently, each MUD does not collect nor retain any interest on customer deposits. Furthermore, to my knowledge, each MUD has never collected nor retained interest on deposits made by customers who are required to provide a deposit in order to set up initial utility accounts. During a Finance Director Roundtable at Dallas City Hall, the topic of interest income was addressed, specifically in regards to utility deposits. As the Finance Director, I was amazed to find out that most, if not all, of the cities in attendance allow their deposits to gain interest in an interest bearing account. The only difference being that several actually returned the interest gained back to the customer, while most retained the interest internally to offset operations. It was my observation that the larger cities comprised those that returned the interest back to the customer. My assumption would be that larger cities have the ability to do so because they have resources to accomplish such a task. While we recognize that each MUD’s rate order refers to Security Deposits in the manner below, Finance would like to request that it re-consider the option of allowing it to set deposits aside into an “interest bearing” escrow account. Given that Fort Worth has budgeted to increase its water rate, and each MUD may subsequently adopt an increase in its rate order, our hope would be that this could be accomplished in parallel. Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builders. A $75.00 security deposit shall be required of builders for each tap made by the District for such service connection, payable at, or prior to, the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. B. Residential Owners. A security deposit of $40.00 shall be required from each residential owner customer for a single-family home connected to the District’s system. The security deposit is refundable to the customer when the account is later closed if that account is current at the time it is closed. However if the account is not current at the time account is closed, then the security deposit shall be applied against the outstanding balance of the customer’s account at that time. C. Residential Lessees. A security deposit of $100.00 shall be required from each residential lessee customer for a single-family home. D. Construction Meters. A security deposit of $1,875.00 shall be required from customers desiring to use a construction meter. E. Other customers. A security deposit equal to two months’ estimated average monthly water and sewer bill shall be required of all other customers. Such security deposits shall be held by the District in escrow to assure prompt payment of all charges for water and sewer service. No interest shall be allowed on such deposits. RECOMMENDATION: Finance sees an opportunity for each MUD to bring in additional revenue in the form of interest income, should it decide to place these customer deposits in an interest bearing account, and requests that each MUD respectfully reconsider the aforementioned. As of July, the average daily balance maintained in the Customer Deposit account at First Financial is between $130K-$140K. If these funds were placed in a Texpool account at a rate of even 5%, this would generate up to $7000 annually in additional revenue. Furthermore, there may be a potential for this amount to increase with a rise in the interest rate or even daily balance due to potential new development. Would like to recommend that the rate order make mention of the following should each MUD decide to allow interest to be earned: “Currently, the MUD/District does not pay interest on deposits. The interest drawn by the MUD/District on customer deposits is returned into the operating budget of the water/sewer fund to help in providing the lowest possible water and sewer rates for our citizens. ACTION BY DISTRICT: (smd) Attachments: 1. None. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding Order 2007-1009, approving the 2007 MUD 1 Rate Order. EXPLANATION: The City of Fort Worth has raised their water rates approximately $.033 or 2.5% from $1.3183 per 1,000 gallons in the current year to $1.3507 ($.6377 wholesale + $.7130 raw water) per 1,000 gallons, effective October 1, 2007. Generally, MUD1 would pass 1.8% of the 2.5% increase through to the residents (based on 70% consumption from Fort Worth). However, because MUD1 has not had an increase to actual water rates other than the aforementioned pass through for some time, and it desires to take increasing operations and maintenance costs into consideration, upon the passage of this Rate Order, MUD1 will increase current water rates by 3%. This increase will become effective November 1, 2007. As a result, the Rate Order has been amended to reflect the recommended increase of $.04 per 1,000 gallons. Additionally, a paragraph has been added under Section 1.04 – Inspections and Fees – adding fees associated with Backflow Inspections. RECOMMENDATION: Staff recommends approval. ACTION BY MUD1: (mm) Attachments: 1. Rate Order 2005-20076 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER No. 20075-10131009 AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club development; and WHEREAS, the District’s most recent Rate Order was adopted on June 8October 13, 2005 (the “2005-2006 Rate Order”), several additional modifications are needed at this time and the District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this 2007 Rate Order and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system; THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. Section 1.02. Policies Governing Initial Connections. A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or 44 Water/Wastewater Superintendent has certified that the System or applicable portion thereof is operable. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. At any commercial establishment where an actual or potential contamination hazard exists, protection shall be required at the meter in the form of a backflow prevention assembly. The type of assembly required shall be the one known as “Reduced Pressure Zone” (RPZ) unless otherwise specified by the District through its Superintendent. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph, or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the MUD not later than a date to be fixed by the MUD. If the Customer fails to comply with the terms of this Order, the MUD shall, at its option, either terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. C. Availability of Access/Obstructions. By application for connection to the District’s System, the customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The customer shall also be deemed to be granting to the District and its representatives a right of ingress 55 and egress to the customer’s property, including the exterior of the customer’s premises, for the purpose of performing the inspections and completing the customer‘s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. Section 1.03. Connections by District. All connections to the District’s sewer system shall be made in accordance with the District’s Plumbing Code and its rules and regulations. No person except the District Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, except for emergency firefighting purposes, or make any repairs or additions to or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water service or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system, unless otherwise specified by the Board of Directors of the District. No sewer connection shall be covered in the ground before a representative of the District has inspected the sewer connection. No house lead shall be covered in the ground before the water connection has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Inspections and Fees. Fees for permits and for plumbing inspections (other than for the sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located, or to the District if the property is not located within a city or town. A. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of $150.00 shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re-inspection fee of $25.00, plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re-inspection fee of $25.00 shall be paid to the District for each subsequent re-inspection. Re-inspections by the District requested after regular business hours will be charged at a minimum of $100.00. 66 B. Backflow Inspections. For all backflow installations (residential and commercial) inspected by the personnel of the District, an inspection fee of $50.00 shall be paid to the District. Inspections that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re-inspection fee of $25.00, plus payment by the customer of all outstanding charges. If subsequent re- inspections are required, a re-inspection fee of $25.00 shall be paid to the District for each subsequent re-inspection. Re-inspections by the District requested after regular business hours will be charged at a minimum of $100.00. Section 1.05. Builder’s Deposit. A. Residence, Commercial Building or Other Structure. Each builder of a residence, commercial building or other structure shall, at the time a request for a water tap is made, pay a deposit of $75.00 for the first lot for which a water tap has been requested, and $75.00 for each additional lot thereafter. The deposit shall be refunded within ninety (90) days after the builder certifies the sale of its last residence, commercial building or other structure within the District, less any amounts forfeited as provided herein. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are so deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Swimming Pool Discharge into Sanitary Sewer System. Any backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of 6” (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum 3” (or 76 mm) p-trap not less than 12” (304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be $75.00 to be paid at the time of issuance of the pool permit. Section 1.06. Temporary Water Service. A. Temporary Connections. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the 77 temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System without prior approval of the District, except for emergency fire-fighting purposes, is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum security deposit of $1,875.00, but not more than $3,000.00 with such determination to be made by the District depending on the length of time temporary service is required and estimated amount of water to be used. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Fees and Rates. A fee of $100.00 for costs of installation, plus the cost of the metered water, shall be charged for temporary water service. The following rate for the sale of water for each temporary water service connection shall be in effect from the effective date hereof until such time as the Board amends said rate: Gallons Used Rate Any amount $2.940 per each 1,000 gallons Section 1.07. Service Outside the District. The rates and charges stated in this Rate Order are for service to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon special approval by the Board of Directors of the District. Unless other provisions are established by a special contract approved by the Board of Directors of the District, any service to customers or property outside the boundaries of the District shall be at the same rates and terms as specified in this Rate Order, except that regular charges for water, sewer, and tap charges shall be doubled. Service to Marshall Creek Park is specifically exempted from the doubling provision of the preceding paragraph. Section 1.08. Water Tap Fees. A fee of $1,000.00 must be received by the District before any residential connection is initially made to the District’s water system, which tap fee will include a one-inch (1”) 3/4 inch (District side) by 5/8 inch (customer side) meter. Any request by a customer for service from an oversized connection line or from a meter larger than a 5/8 one-inch (1”) (customer side) standard meter shall be granted by the District only if the customer agrees and makes suitable arrangements to pay 1) the increased Utility Fee and 2) the increased costs for such larger line and/or meter, which increased costs shall be the actual cost to the District of the larger line 88 and/or meter plus twenty percent (20%). The fee for making any fire line tap shall be $30.00 per inch of diameter of the fire line. Each customer requesting an initial connection to the District’s water system shall also pay to the District the cost required to be paid by the District to the City of Fort Worth as a “water impact fee” or “water access fee” for the additional customer connection to the Fort Worth water system. Section 1.09. Sewer Tap Fees. The charge for all taps of sewer lines within the District shall be equal to the cost to the District for making such connections. Section 1.10. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. ARTICLE II SERVICE RATES Section 2.01. Water Service. The following monthly rates for the sale of water shall be in effect for each Separate Connection within the District from the effective date hereof until such time as the Board of Directors amends said rates: A. Chemically Treated Water. Water from the District’s facilities which has been mixed, chlorinated, or otherwise treated so that it is suitable for human use and consumption shall be at the following rates: (1) Single-Family Homes. Each single family home shall be billed as follows: Administrative Fee (Does not include water usage) $11.50 0-59996000 gallons per month $2.1915/1,000 gal 6,0001 to 11,9992,000 gallons per month $2.640/1,000 gal 12,0001 to 24,9995,000 gallons per month $2.840/1,000 gal More than 25,000-plus gallons per month $2.940/1,000 gal (2) Commercial. Each business service connection shall be deemed to be a single-family home for purposes of water service. (3) Clubs. Each club shall be deemed to be a single-family home for purposes of water service. (4) Golf Course. Each meter shall be deemed to be a single- family home for the purposes of water service. (5) Multi-Family Buildings. 99 (i) Single Meter. Each multi-family building or complex of buildings which is served by a single meter shall be billed for water at the same rate as a single-family home, with an administrative fee of $11.50 times the number of units in the building or complex. (ii) Multiple Meters. If a multi-family building or complex of buildings is served by more than one meter, then water delivered through each meter shall be billed at the same rate as a single family home, with an administrative fee of $11.50 times the number of units served by the meter. (6) Public Access Parks. Any water or sewer services utilized by the Town of Trophy Club in public access parks for the operation and maintenance of such parks will be billed at the in-district rate. Such water and sewer services shall be for the benefit of the residents of the Town of Trophy Club. Use for any other purpose shall require the services to be billed at double the rate. B. Golf Course Irrigation Water to the Lakes. In addition to water usage charges, when the customer requests fresh water on the day that established the District’s peak draw from the City of Fort Worth, the customer shall be required to pay its respective portion of any demand rate and/or minimal payment rate as specified in the District’s wholesale water supply contract with the City of Fort Worth. However, if the customer’s demand is absorbed by the District with no additional charges from Fort Worth, the District may in its discretion waive the demand and/or minimal payment charges to the customer. Section 2.02. Sewer Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each Separate Connection within the District from the effective date hereof until such time as the Board of Directors amends said rates: A. Single-Family Homes and Cottages. Each single-family home and cottage shall be billed based upon the treated water used by such unit that month, as follows: Administrative Fee (does not include sewer usage) $11.50 0-5,9996,000 gallons per month $2.1905/1,000 gal 6,0001-11,9992,000 gallons per month $2.645/1,000 gal 12,000 gallons maximum per month maximum for residential 1010 B. Commercial Buildings (including Clubs). Each commercial building shall be billed for sewer service at the same rate as single-family homes, based on the treated water used by such unit that month as follows: Administrative Fee (does not include sewer usage) $11.50 0-5,9996,000 gallons per month $2.1905/1,000 gal 6,0001-11,9992,000 gallons per month $2.645/1,000 gal Over 12,000-plus gallons per month $2.645/1,000 gal C. Multi-Family Buildings. Each unit in a multi-family building or complex of buildings shall be billed at the same rate as a single-family home, with an administrative fee of $11.50 times the number of units in the building or complex. Section 2.03. Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. At this time of the passage of this Rate Order, the District has contracted to sell effluent to the Trophy Club Country Club and discharged into golf course lakes at a charge of $.30 per thousand gallons for the year 2004-2005; $.40 per thousand gallons for the year 2005-2006; $.45 per thousand gallons for the year 2006-2007; and $.50 per thousand gallons for the year 2007-2008. Section 2.04. Stand-by Charge. For those lots subject to recorded restrictive covenants that require or authorize the District to charge a stand-by fee for water and sewer service where the lot has water and sewer service available but the lot is not yet connected to the District’s system, the stand-by fee shall be $6.00 per month. Unless otherwise provided by the terms of the recorded restrictive covenant applicable to a particular lot, the stand-by charge shall commence on the first day of the month following the date upon which water and sewer service is available at the property line of the lot and the charge shall cease on the first day of the month preceding the date upon which water and sewer use charges become due and payable to the District for water and sewer service supplied to the lot. Section 2.05. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading less the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC291.76, the District shall pay a regulatory assessment to the Texas Commission on Environmental Quality (“TCEQ”) annually in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. 1111 At the end of each year, the District shall prepare a written statement indicating (i) the total charges for retail water and sewer service for the year and (ii) the regulatory assessment due and payable to the TCEQ. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order, and no reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers for which rates differing from the rates stated herein may be adopted. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builders. A $75.00 security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. B. Residential Owners. A security deposit of $40.00 shall be required from each residential owner customer for a single-family home connected to the District’s system. The security deposit is refundable to the customer when the account is later closed if that account is current at the time it is closed. However, if the account is not current at the time it is closed, then the security deposit shall be applied against the outstanding balance of the customer’s account at that time. C. Residential Lessees. A security deposit of $100.00 shall be required from each residential lessee customer for a single-family home. D. Construction Meters. A security deposit of $1,875.00 shall be required from customers desiring to use a construction meter. E. Other customers. A security deposit equal to two months’ estimated average monthly water and sewer bill shall be required of all other customers. Such security deposits shall be held by the District in escrow to assure prompt payment of all charges for water and sewer service. No interest shall be allowed on such deposits. 1212 Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: A. Due Date and Delinquency. Charges for water service, sewer service, and standby fees shall be billed monthly. Payment shall be due on or before the twentieth (20th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of ten percent (10%) per month on water, sewer and standby charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on the fifteenth (15th) day after the date of such notice unless payment in full is received by such day. Notice shall be sent by first class United States mail and will provide the customer with an opportunity to appear in person or by written correspondence at a scheduled meeting of the Board of the District to contest, explain, or correct the charges, services, or disconnection. The notice shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain his bill. If the customer appears before the Board, in person or by written correspondence, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether service will be disconnected. If service is disconnected, it shall be reconnected only upon payment in full of all amounts due, including any late charges, the security deposit set out in Section 3.01, and a reconnection charge of $25.00, if the reconnection is made during the District’s normal business hours. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at a reconnection fee of $25.00, plus an additional charge of $100.00. C. Business Hours. For purposes of assessing the foregoing charges, “normal” or ”regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday, and between 7 a.m. and 9 a.m. Saturdays, Sundays, and Holidays. All other times are outside of the District’s normal business hours and will result in the higher charge. 1313 D. Returned Checks. A $25.00 charge will be charged to the customer’s account for any check returned by the bank. Any amounts due on an account which have been paid with a check that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within five (5) days from the day the District hangs a notice on the customer’s door or otherwise notified the customer that the check has been returned by the bank. E. Confidentiality Request. A one-time charge of $5.00 shall be made on each confidentiality request as set forth in HB. 859. F. Same-Day Service. An additional charge of $25.00 shall be made on customer requested same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to do re-reads the same day as requested. G. Accuracy Reading Fee. A meter accuracy reading fee in the amount of $10.00 shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. Should a customer request that the meter accuracy reading be made by an outside source, then a fee of $35.00 will be charged to the customer. If the original meter reading is found to be in error, then the customer will be given a credit offsetting the amount of the charge. Section 3.03. Entitlement. Customers are not guaranteed a specific quantity or pressure of water or specific capacity in sewer facilities for any purpose whatsoever; furthermore, in no instance shall the District be liable for failure or refusal to furnish water or any particular amount or pressure of water or to provide capacity in sewer facilities. Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall open a meter box, tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a 1414 damage fee not to exceed $5,000.00, plus any applicable charge for same day service. B. Repair. It shall be the responsibility of each customer to maintain the water and sewer lines from the point of connection to the District’s water and sewer system to the building served. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be $150.00 payable to the District assessed on the next month’s bill. Section 3.06. Requested Temporary Disconnection. If service is temporarily disconnected at the customer’s request, the charge for such voluntary disconnection shall be $10.00, and the charge for subsequently reconnecting the service shall also be $10.00. These charges apply to connects and disconnects that are completed during normal business hours. Section 3.07. Easements. Before service is begun to any customer, or once begun before reconnection is made, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.08. Required Service. No service will be given from the District’s water and sewer system unless the customer agrees to take both water and sewer service, except that permanent irrigation only services may receive water only, and projects under construction may, if they wish, receive water service only during the period of such construction. Section 3.09. Additional Charges. In all cases where services are performed for and equipment or supplies are furnished to a party or entity not within MUD 1, the charge to said party or entity shall be the MUD’s cost of providing such services, equipment and/or supplies, plus 15%. This shall not apply to services; equipment and/ or supplies furnished by MUD 1 under an existing Interlocal Agreement, nor to the rates MUD 1 charges for out-of-district water and sewer service. ARTICLE IV INDUSTRIAL WASTE 4.01. Policy. The following policy regarding industrial waste shall be effective: 1515 A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as amended, and the General Pretreatment Regulations contained in 40 C.F.R. §403 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge-Charges and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to $5,000.00. A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. 1616 B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. Section 6.03. Headings. The section and paragraph headings used herein are for reference only and are not to be construed as part of the text of the section or paragraph. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “20075-2006 Rate Order” (Order 20075- 100913) of the District. All previous orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII EFFECTIVE DATE This Order shall be effective as of November 1st, 20075. 1717 ARTICLE IX PUBLIC MEETING It is hereby found that the meeting at which this order is adopted is open to the public as required by law, and that public notice of the time, place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. PASSED, ADOPTED, ORDERED, AND APPROVED this 139th day of October 20075. ___________________________ DEAN HENRY, President Board of Directors, Trophy Club Municipal Utility District No. 1 ATTEST: __________________________ CONSTANCE S. WHITE, Secretary Board of Directors, Trophy Club Municipal Utility District No. 1 1818 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.B.4 Discuss and take appropriate action regarding the PowerPoint presentation prepared by the Town. (wrf) Attachments: 1. PowerPoint presentation prepared by the Town. 1919 2020 2121 2222 2323 2424 2525 2626 2727 2828 2929 3030 3131 3232 3333 3434 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.C.1 Receive District Manager's Report Items to be placed on future agendas: a. Discuss and take appropriate action concerning the contract between the MUDs and the Town of Trophy Club for the operation of the Fire Department. (mm) 3535 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No. D.1 Review and Approve Minutes a. September 7, 2007 - Special Joint Session minutes b. September 11, 2007 - Regular Session minutes (mm) Attachments: 1. Minutes 3636 MINUTES OF JOINT WORKSHOP SESSION AND SPECIAL JOINT SESSION BETWEEN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 September 7, 2007 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties and the Board of Directors of Trophy Club Municipal Utility District No. 2 of Denton County were scheduled to meet in Joint Workshop and Special Joint Session on Friday, September 7, 2007, at 10:00 a.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262, and a notice was posted for such meeting. The public notice of the meeting, however, was not posted until 4:00 p.m. on Tuesday, September 4, 2007, less than 72 hours prior to the scheduled beginning of the meeting. Therefore, at 10:00 a.m. on September 7, 2007, the President of MUD 1 and the President of MUD 2 each announced that the start of the public meeting would be delayed until at least 4:00 p.m., later in the day, 72 hours after the posting of the public notice of the meeting, and that, in the meantime, each of the two MUDs would participate in an intermediation of disputes with William “Bill” Schweinle, Jr., as the mutually agreed Intermediator and with only two elected officials (not a quorum) from each of the two MUD boards participating in the intermediation discussions. At 4:37 p.m. on Friday, September 7, 2007, the Board of Directors of Trophy Club Municipal Utility District No. 1 and the Board of Directors of Trophy Club Municipal Utility District No. 2 met in Joint Workshop and Special Joint Session, in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. MUD 1 DIRECTORS PRESENT: Dean Henry President Gary Cantrell Vice President Connie White Secretary/Treasurer. Jim Hase Asst. Secretary/Treasurer Neil Twomey Director MUD 2 DIRECTORS PRESENT: James P. Budarf President James C. Thomas Secretary/Treasurer Andy Hayes Director MUD 2 DIRECTORS ABSENT: Carol Ann Borges Director Kevin Carr Vice-President 3737 STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Mary Moore Recording Secretary Bob West Attorney for MUD 1 Pam Liston Attorney for MUD 2 Roger Unger Consultant for MUD 2 William “Bill” Schweinle, Jr. Mediator/Facilitator SPECIAL JOINT SESSION A.1 Call MUD 1 to Order. President Henry announced there was a quorum at 4:37 p.m. A.2 Call MUD 2 to Order. President Budarf announced there was a quorum at 4:37 p.m. B.1 MUD 1 and MUD 2 Boards to convene into a Joint Workshop Session. MUD 1 President Henry and MUD 2 President Budarf summarized the status of the intermediation discussions held previously during the day beginning at 10:00 a.m. with two representatives of each MUD Board meeting with William “Bill” Schweinle, Jr., as Intermediator. President Henry and President Budarf stated that some progress had been made in discussions, but that no agreement had yet been reached, and they stated that the intermediation discussions should now continue in a Joint Workshop Session with the other directors present and in closed sessions of each MUD Board, as needed to determine if a mutual agreement can be reached. B.2 Joint workshop between MUD 1 and MUD 2 to participate in and conduct an intermediation with William "Bill" Schweinle, Jr., regarding the receipt and allocation of the development funds expected to be received by the Town from Centurion American Development Company. MUNICIPAL UTILITY DISTRICT 1 TO CONVENE INTO CLOSED SESSION MUD 1 Board convened into Closed Session at 4:50 p.m. in the Boardroom of the Trophy Club Administration Building, with the following officers, staff and guests present: MUD 1 DIRECTORS PRESENT: Dean Henry President Gary Cantrell Vice President Connie White Secretary/Treasurer Jim Hase Asst. Secretary Neil Twomey Director STAFF AND GUESTS PRESENT Bob West Attorney William “Bill” Schweinle, Jr. Attorney/Intermediator 3838 MUD 1 Board President Henry announced that the closed session was being held pursuant to Chapter 551.071 of the Texas Government Code, for the following purpose: TO CONDUCT A PRIVATE CONSULATION 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: Intermediation with William “Bill” Schweinle, Jr., regarding the receipt and allocation of the development funds expected to be received by the Town from Centurion American Development Company. MUNICIPAL UTILITY DISTRICT 2 TO CONVENE INTO CLOSED SESSION MUD 2 Board convened into Closed Session at 4:50 p.m. in the Conference Room of the Trophy Club Public Services Building, with the following officers, staff and guests present: MUD 2 DIRECTORS PRESENT James P. Budarf President James C. Thomas Secretary/Treasurer Andy Hayes Director STAFF AND GUESTS PRESENT: Pam Liston Attorney Roger Unger Consultant William “Bill” Schweinle, Jr. Attorney/Intermediator MUD 2 Board President Budarf announced that the closed session was being held pursuant to Section 551.071 of the Texas Government Code for the following purpose: TO CONDUCT A PRIVATE CONSULATION WITH THE DISTRICT’S ATTORNEY on matters 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: Intermediation with William “Bill” Schweinle, Jr., regarding the receipt and allocation of the development funds expected to be received by the Town from Centurion American Development Company. 3939 END OF CLOSED SESSIONS AND WORKSHOP SESSION B.3 MUD 1 and MUD 2 Boards to convene into Joint Special Session. MUNICIPAL UTILITY DISTRICT 1 TO RECONVENE INTO SPECIAL SESSION Board reconvened into Special Session at 7:34 p.m. MUNICIPAL UTILITY DISTRICT 2 TO RECONVENE INTO SPECIAL SESSION Board reconvened into Special Session at 7:34 p.m. E.2 Discuss and take appropriate action concerning MUD 2’s discussions held in Closed Session. President Henry and President Budarf announced that an agreement had been reached during the intermediation discussions. Mr. Schweinle stated the terms of the agreement as follows: 1. As to the Centurion PID deal, the first upfront money, in the amount of $540,000, will come intact, in toto, to MUD 2. 2. All downstream funds realized from the Centurion PID deal thereafter will be split 75/25; as received, 75% to MUD 2; 25% to MUD 1. 3. MUD 2 current board members will agree to not petition or participate in any effort by the City of Trophy Club to take them over and dissolve them nor will they assist in any hostile takeover effort by the City of Trophy Club to takeover and dissolve MUD 2. 4. It is understood by both MUDs that the wastewater treatment plant capacities are allocated 50/50 equally between the two MUDs. 5. All the parties, that is both MUDs, agree that all past disputes between the two districts are forever forgiven, forgotten and released; whatever those disputes might be. 6. William “Bill” Schweinle’s mediator/facilitator fees are to be paid one-hundred percent (100%) by MUD 2. Director Thomas moved to accept the agreement points as stated by Mr. Schweinle; Director Hayes seconded the motion; motion carried unanimously. E.3 Discuss and take appropriate action concerning MUD 1’s discussions held in Closed Session: Director White moved to accept the agreement points as stated by Mr. Schweinle. Director Twomey seconded the motion; motion carried unanimously. F.1 MUD 1 to Adjourn. MUD 1 Board adjourned at 7:40 p.m. F.2 MUD 2 to Adjourn. MUD 2 Board adjourned at 7:40 p.m. 4040 _________________________________ Dean Henry, President – MUD 1 (SEAL) ______________________________ Jim Hase, Secretary/Treasurer – MUD 1 ___________________________ Jim Budarf, President - MUD 2 _________________________________________________________________ James C. Thomas, Secretary - MUD 2 ________________________________ Mary Moore, MUD Recording Secretary 4141 MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 September 11, 2007 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on Tuesday, September 11, 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 Bob West Attorney Danny Thomas Fire Chief 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 Open Public Hearing Board opened the Public Hearing at 6:02 p.m. MUD 2 BOARD TO CONVENE INTO PUBLIC HEARING PUBLIC HEARING B.2 Trophy Club Municipal Utility District No. 1 to conduct a Public Hearing, regarding their Budget and proposed tax rate to increase, decrease, or make no change for the fiscal year beginning October 1, 2007 and ending September 30, 2008. No public present. B.3 Close Public Hearing Board closed the Public Hearing at 6:03 p.m. 4242 MUD 2 BOARD RECONVENED INTO REGULAR SESSION *REGULAR SESSION B.4 Discuss and take appropriate action regarding Resolution 2007-0911, adopting and approving the Budget for Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2007, and ending September 30, 2008. Director Henry moved to approve Resolution 2007-0911, adopting the budget for FY 2007-8. Director Cantrell seconded the motion. Floor was opened for discussion. Motion carried unanimously. B.5 Discuss and take appropriate action regarding Resolution 2007-0911-B, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1, 2007, and ending September 30, 2008. Director Hase moved to approve Resolution 2007-0911-B, setting the debt service tax rate at $.12086. Director Cantrell seconded the motion; motion carried unanimously. B.6 Discuss and take appropriate action regarding Resolution 2007-0911-C, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for maintenance and operations, including the portion of such tax rate to support the Fire Department, for the fiscal year beginning October 1, 2007, and ending September 30, 2008. Director Cantrell moved to approve Resolution 2007-0911-C, setting the tax rate for maintenance and operations at .01020 and .0984 for Fire Department Operations. Director White seconded the motion; motion carried unanimously. B.7 Discuss and take appropriate action regarding Resolution 2007-0911-A, approving the Trophy Club Municipal Utility District No. 1 tax roll of the Denton Central Appraisal District for 2007. Director Cantrell moved to approve Resolution 2007-0911-A, setting the total tax rate at $.2300. Director White seconded the motion; motion carried unanimously. B.8 Discuss and take appropriate action regarding the election of MUD 1 officers for FY 2007-2008. a. President b. Vice President c. Secretary/Treasurer Director Hase nominated all current MUD1 officers (President – Dean Henry; Vice President – Gary Cantrell; Secretary/Treasurer – Connie White) for re-election for FY 2007-08. Director Twomey seconded the nomination. Floor opened for discussion. Motion carried unanimously. 4343 B.9 Discuss and take appropriate action concerning the contract between the Master District and the Town of Trophy Club for the operation of the Fire Department. District Manager Fitzpatrick advised that MUD 2 at their meeting did not discuss this issue, referring it as a Master District item. Director Hase stated that he is not in favor of taking over the Fire Department. Director Twomey would like to wait and hear the discussion at Master District meeting before making a decision. Director Cantrell is leaning more toward Town running the Fire Department. Director White is leaning towards taking back the Fire Department. President Henry is leaning towards not taking over the Fire Department. Discussion only. B.10 Discussion of the probability and the possible effects were the Town of Trophy Club to be successful in taking over MUD 2. Director Hase reported he had a long conversation with Council Member Sterling, who advised he would support a Council agenda item to discuss taking over MUD 2. Council Member Sterling would like a joint meeting between the Town and the MUDs. Director Cantrell stated that with MUD 2 owning 50% of everything, he has concerns regarding the status of all the contracts should the Town and MUD 2 merge; and whether their contracts are assignable. Attorney West is not sure what the ramifications would be; however, the Town would take over MUD 2’s contracts should the two entities merge. District Manager Fitzpatrick suggested they decide whether the two MUD will have a united front. Director Hase asked Philip Sterling why the Town would want to take over MUD 2. Council Member Sterling stated there would be a savings with a single government. Director Hase advised Council Member Sterling that the reasoning was faulty, and gave the example that Town could not hire someone for the sum presently paid to District Manager Fitzpatrick. Attorney West stated that in the Houston area there is wide-spread acceptance, recognizing that MUDs are a good thing, because of the way the tax rate works, and the tax deduction realized versus a Town water rate. 4444 Director Hase advised there are three disadvantages for Town taking over MUD 2, and they are double interest rates, increase costs of issuing bonds, and loss of a tax deduction. Discussion only; no action taken. B.11 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. Discussion was held regarding the “operations” contract, with special attention to the paragraph regarding “effluent” and its use within the Town and possible use of effluent at Trophy Club Park (formerly Marshall Creek Park). B.12 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. Director Hase put the question out to the Board regarding whether the Master District still needs to be a party to the “money” contract, as he feels it is irrelevant. Discussion only; no action taken. C.1 Receive District Manager's Report a. Revision of MUD 1 Rate Order for 2007 b. Items to be placed on future agendas District Manager Fitzpatrick had nothing to report. Director White advised the Board of the upcoming AWBD meeting on November 1st in Houston. EPA and possibly the Governor are coming to speak. Director White would like to attend. Board agreed to fund Director White’s costs for attending this forum. Director White advised that per the water conservation article in Thursday’s Fort Worth Star Telegram, it states Trophy Club is one of the largest per capita user / consumer of water, and believes the figure to be inaccurate. District Manager Fitzpatrick to look into this. President Henry thanked Fire Chief Thomas for attending the meeting. D.1 Review and Approve Minutes a. August 7, 2007 President Henry moved to approve the minutes for August 7, 2007. Director White seconded the motion. Motion carried unanimously. 4545 D.2 Review and Approve Disbursements and Variance Report a. July 2007 Director Cantrell moved to approve the disbursements and variance report for July 2007. President Henry seconded the motion. Motion carried unanimously. D.3 Review Monthly Tax Collection Report a. July 2007 The Board reviewed the July Tax Collection Report with no action taken. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, October 9, 2007, 6:00 p.m. The Board agreed to meet on Tuesday, October 9, 2007, 6:00 p.m. F.1 Adjourn. Meeting adjourned at 7:35 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ____________________________ Mary Moore, Recording Secretary 4646 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No. D.3 Review Monthly Tax Collection Report a. August 2007 Attachments: 1. August Tax Collection Report 4747 4848 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, November 13, 2007, 6:00 p.m. (This is AFTER the Master District meeting, scheduled for November 8th) (mm) November 2007 Trophy Club Calendar of Events Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 •Comm's Court Replay •Town Council 6 •Council Replay •Parks & Recreation Board 7 •Warning Siren Testing •Public Works 8 •Council Replay 9 •Council Replay 10 •Council Replay 11 12 •Comm's Court Replay •EDC B 13 14 15 16 17 18 19 •Comm's Court Replay •Town Council 20 •You Can Paint •Council Replay 21 22 •Town/MUD Offices Closed •Council Replay 23 •Town/MUD Offices Closed •Council Replay 24 •Council Replay 25 26 •Comm's Court Replay •EDC A 27 28 29 30 4949 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 10-9-2007 Subject: Agenda Item No.F.1 Adjourn. 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