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HomeMy WebLinkAboutSeptember 11,2 007 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, September 11, 2007 6:00 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Open 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. B.3 Close Public Hearing 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. 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. 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. 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. 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 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. B.10 Discussion of the probability and the possible effects were the Town of Trophy Club to be successful in taking over MUD 2. 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. 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. C.1 Receive District Manager's Report a. Revision of MUD 1 Rate Order for 2007 b. Items to be placed on future agendas D.1 Review and Approve Minutes a. August 7, 2007 D.2 Review and Approve Disbursements and Variance Report a. July 2007 D.3 Review Monthly Tax Collection Report a. July 2007 D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, October 9, 2007, 6:00 p.m. F.1 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 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: 9-11-2007 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: 9-11-2007 Subject: Agenda Item No. 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. EXPLANATION: First, this budget as proposed incorporates a total tax rate of $.23238 for FY07-08 as compared to this year’s current total tax rate of $.25000. The O&M Rollback rate is $.11164; however, this proposed budget puts the total O&M tax rate below the rollback rate at $.11151. Should MUD1 desire to reduce and adopt a total tax rate to $.23000, it would have to utilize approximately $12,400 in reserves. Second, given all of the changes surrounding the Fire Department, here is a summary of major changes made to its budget in order to avoid rollback since our last meeting in Aug: • EMS/Fire Assessment Revenue from Town offset Fire Budget by approximately $12K. Originally thought to be $30K, but further determined to be based upon Net Taxable Value (after exemptions & discounts) rather than Market Value. • Architect Fees added to Professional Services ($164K). • Fire Station Remodel Contractual Obligation (CO) payment removed ($200K). • Deputy Fire Chief position removed and placed back on Supplemental Funding Request List ($30K after split with EMS). Lastly, as a result of our teleconference on Aug 22, 2007 with Pete Tart (Bond Attorney) and Dan Almond (Financial Advisor) with regards to available options concerning the Fire Station Remodel payments, here is a summary of major points: • Fire Station Remodel cannot be issued as a Contractual Obligation (CO) since it is a building/facility (real property) and not classified as equipment (personal property). The Fire Truck was issued as a CO and appropriately backed by the Fire O&M tax. • Because the remodel is real property, it must be issued via a General Obligation Bond within the Interest & Sinking Fund, which is voted by the citizens or possibly a Revenue Bond. The question of a whether a Revenue Bond backed by water sales can support Fire operations, is still pending, as well as, whether a Revenue Bond will require a vote by the citizens. • If a Revenue Bond is out of the question and a General Obligation Bond is indeed the only option, the question still remains as to whether MUD1 will choose to issue the GO solely with MUD2 making installment payments to MUD1 for its portion of the debt or whether both MUDs will split the debt equally and both issue the GO. If MUD1 chooses to issue the debt solely, an interlocal agreement will be required. • If only one MUD issues the GO debt, issuance costs (bond attorney, financial advisor, TCEQ, attorney general, bank administrative fees) will be lower since they will not duplicated. Furthermore, the potential of receiving a better interest rate may be more likely. • If both MUDs issue the GO debt, MUD2 may first have to submit its application for and get its Fire Protection Plan approved by TCEQ, and then have an election by the district. Apparently, MUD1 accomplished this in the past, and we are in the process of trying to determine via TCEQ and locate records as to whether MUD2 did the same. RECOMMENDATION: Staff recommends approval. (smd) Attachments: 1. FY2007-08 Proposed MUD1 Budget 2. FY2007-08 Proposed Fire Budget 3. Resolution TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2007-0911 A RESOLUTION TO APPROVE FY 2007-2008 BUDGET FOR TROPHY CLUB MUD NO. 1 A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, OF DENTON AND TARRANT COUNTIES, TEXAS; APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008, PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR BE MADE IN ACCORDANCE WITH SAID BUDGET, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, an annual budget for the fiscal year beginning October 1, 2007 and ending September 30, 2008, has been duly created by the Finance Department of the Trophy Club Municipal Utility District No. 1 (the “District”) in accordance with Section 49.057(b) of the Texas Water Code; and WHEREAS, a public hearing was held on September 11, 2007, in accordance with Section 49.057(b) of the Texas Water Code, following due publication of notice thereof at which time all citizens and parties of interest were given the opportunity to be heard regarding the proposed 2007-2008 fiscal year budget; and WHEREAS, after full and final consideration it is the opinion of the Board Directors of the District No. 1, that the 2007-2008 fiscal year budget of revenues and expenditures, as hereinafter set forth, should be adopted and approved. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: Section 1. That the annual budget of revenues and expenditures necessary for conducting affairs of the District for the fiscal year 2007-2008, attached hereto and incorporated herein as Exhibit A, providing for a financial plan for the ensuing fiscal year is hereby approved and adopted. Section 2. That expenditures during the fiscal year shall be made in accordance with this budget unless otherwise authorized by proper amendment. Said budget document shall be on file for public inspection in the office of the District. Section 3. That unless modified otherwise by the Board of the district, the remaining budget for all capital improvements from fiscal year 2006-2007, attached hereto and incorporated herein as Exhibit B, not completed or started as of September 30, 2007, will be automatically carried over into fiscal year 2007-2008. Section 4. That if any word, sentence, section, subsection, subdivision, paragraph, clause, phrase or provision of this Resolution shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this resolution as a whole or any part of the provision hereof other than the part so decided to be invalid or unconstitutional. Section 5. That all provisions of the resolutions of the District’s Board of Directors in conflict with the provisions of this resolution shall be and the same are hereby repealed and all other provisions of the resolutions of the MUD 1 Board not in conflict with the provisions of this resolution shall remain in full force and effect. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal Utility District No. 1, this the 11th day of September, 2007. ___________________________ Dean Henry, President Trophy Club MUD No. 1 (SEAL) ATTEST: _____________________________ Constance S. White, Secretary Trophy Club MUD No. 1 CERTIFICATE OF RESOLUTION (2007-0911) THE STATE OF TEXAS } COUNTY OF DENTON } COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that, as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Regular Meeting on September 11, 2007, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: Dean Henry President Gary Cantrell Vice President Connie White Secretary-Treasurer Jim Hase Asst. Secretary Neil Twomey Director and Directors Henry, Cantrell, White, Hase and Twomey were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION (2007-0911) APPROVING THE 2007-2008 TROPHY CLUB MUD NO. 1 BUDGET was duly introduced for the consideration of the Board of Directors of the District. It was then duly moved and seconded that such Resolution be adopted and, after due discussion, such motion, carrying with it the adoption of such Resolution, prevailed and carried by the following vote: AYES: NOES: 3. That a true, full and correct copy of such Resolution adopted at such meeting is attached to and follows this certificate; that such resolution has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Resolution would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED the 11th day of September 2007. ____________________________________ Constance S. White Secretary, Board of Directors (SEAL) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No. 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. EXPLANATION: RECOMMENDATION: ACTION BY MUD1: Recommended Motion: Move to adopt Resolution 2007-0911-B fixing and levying the MUD 1 tax rate for debt service for FY 2007-2008. (smd) Attachments: 1. Resolution TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 RESOLUTION NO. 2006-0911-B A RESOLUTION TO SET THE COMPONENT OF THE MUD 1 TAX RATE FOR DEBT SERVICE FOR 2007 RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code, and Sections 49.211(a), 49.212(a), 54.601 and 54.602 of the Texas Water Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby finds that a tax rate of $.12086 per $100 of taxable value, if applied to the total taxable value of property on the District's appraisal roll for the 2007 tax year, will impose the total amount of taxes needed to pay the District’s debt obligations during the next year, and that such tax rate is reasonable and necessary to service the District's debt obligations during the next year, including payments of lawfully incurred contractual obligations providing security for the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the District. It is therefore ordered by the Board of Directors of the District that the component of the 2007 tax rate for debt service is hereby set at $.12086 per $100 of taxable value of each property included on the appraisal roll for the District for the 2007 tax year. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas this 11th day of September, 2007. _______________________________ President, Trophy Club MUD No. 1 (SEAL) ATTEST: _________________________________ Board Secretary, Trophy Club MUD No. 1 CERTIFICATE OF RESOLUTION (2007-0911-B) THE STATE OF TEXAS } COUNTY OF DENTON } COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Special Meeting on September 11, 2007, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: Dean Henry President Gary Cantrell Vice President Constance S. White Secretary/Treasurer Jim Hase Assistant Secretary Neil Twomey Director and Directors Henry, Cantrell, White, Hase and Twomey were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION (2007-0911-B) SETTING THE COMPONENT OF THE MUD 1 TAX RATE FOR DEBT SERVICE FOR 2007 was duly introduced for the consideration of the Board of Directors. It was then duly moved and seconded that such Resolution be adopted and, after due discussion, such motion, carrying with it the adoption of such Resolution prevailed and carried by the following vote: AYES: NOES: 3. That a true, full and correct copy of such Resolution adopted at such meeting is attached to and follows this certificate; that such Resolution has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Resolution would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Gov. Code, as amended. SIGNED AND SEALED the 11th day of September 2007. _____________________________________ Secretary, Board of Directors (SEAL) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No. 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. EXPLANATION: RECOMMENDATION: ACTION BY MUD1: Recommended motion: Move to adopt Resolution 2007-0911-C, with approved corrections, to fix and levy the MUD 1 tax rate for Maintenance and Operations, including the portion for the Fire Department for FY 2007-2008. (smd) Attachments: 1. Resolution TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2007-0911-C A RESOLUTION TO SET THE COMPONENT OF THE MUD 1 TAX RATE FOR MAINTENANCE AND OPERATION EXPENDITURES FOR 2007, INCLUDING THE PORTION OF SUCH TAX RATE TO SUPPORT THE FIRE DEPARTMENT RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code and Sections 49.107 and 49.351 of the Texas Water Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby finds that a tax rate of $_______ per $100 of taxable value, if applied to the total taxable value of property on the District's appraisal roll for the 2007 tax year, will impose the amount of taxes needed to fund maintenance and operation expenditures of the District for the next year, including fire department operations. The Board further finds that of this tax rate for maintenance and operation expenditures, $_______ per $100 of taxable value is reasonable and necessary to support the Fire Department under the plan previously approved by the District's electors, and that the remainder of $_______ per $100 taxable value is reasonable and necessary to fund other maintenance and operation expenditures of the District. It is therefore ordered by the Board of Directors of the District that the component of the 2007 tax rate for Maintenance and Operation expenditures is hereby set at $_______ per $100 of taxable value of each property included on the appraisal roll for the District for the 2007 tax year, of which $_______ per $100 of taxable value shall be used to support the Fire Department and the remaining $_______ per $100 of taxable value shall be used to fund other maintenance and operation expenditures of the District. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas, this 11th day of September 2007. ATTEST: _________________________ ___ _____________________________ President, Trophy Club MUD No. 1 Secretary, Trophy Club MUD No. 1 (SEAL) CERTIFICATE OF RESOLUTION (2007-0911-C) THE STATE OF TEXAS } COUNTY OF DENTON } COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Regular Meeting on September 11, 2007, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: Dean Henry President Gary Cantrell Vice President Constance S. White Secretary/Treasurer Jim Hase Asst. Secretary Neil Twomey Director and Directors Henry, Cantrell, White, Hase and Twomey were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION (2007-0911-C) SETTING THE COMPONENT OF THE MUD 1 TAX RATE FOR MAINTENANCE AND OPERATION EXPENDITURES FOR 2007, INCLUDING THE PORTION OF SUCH TAX RATE TO SUPPORT THE FIRE DEPARTMENT was duly introduced for the consideration of the Board of Directors. It was then duly moved and seconded that such Resolution be adopted and, after due discussion, such motion, carrying with it the adoption of such Resolution prevailed and carried by the following vote: AYES: NOES: 3. That a true, full and correct copy of such Resolution adopted at such meeting is attached to and follows this certificate; that such Resolution has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Resolution would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Gov. Code. SIGNED AND SEALED the 11th day of September, 2007. ______________________________________ Secretary, Board of Directors (SEAL) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No. 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. EXPLANATION: RECOMMENDATION: ACTION BY MUD1: Recommended motion: Move to adopt Resolution 2007-0911-A, with approved corrections, approving the MUD 1 tax roll of the Denton Central Appraisal District for 2007. (smd) Attachments: 1. 2007 Appraisal Roll 2. Resolution TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2007-0911-A A RESOLUTION TO APPROVE 2007 MUD 1 TAX ROLL RESOLVED: Pursuant to Section 26.09 (e) of the Texas Tax Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby approves the 2007 certified appraisal roll dated July 20, 2007 from Denton County Central Appraisal District, in which the net taxable appraised value was listed as $520,839,230. The current 2007 tax rate (A total of $.________/$100 assessed value) approved by the Board of Directors of Trophy Club Municipal Utility District No. 1, which has been imposed on each property included on the certified appraisal roll for the District for 2007, totals $____________ actual levy. The Board hereby declares that such appraisal roll with amounts of tax entered shall constitute the District's tax roll for the 2007 tax year. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas, this the 11th day of September, 2007. ___________________________ Dean Henry, President Trophy Club MUD No. 1 ATTEST: _____________________________ Constance S. White, Secretary Trophy Club MUD No. 1 (SEAL) CERTIFICATE OF RESOLUTION (2007-0911) THE STATE OF TEXAS } COUNTY OF DENTON }  COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Special Meeting on September 14, 2006, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: Dean Henry President Gary Cantrell Vice President Connie White Secretary-Treasurer Jim Hase Asst. Secretary Neil Twomey Director and Directors Henry, Cantrell, White, Hase and Twomey were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION (2007-0911) APPROVING THE 2007 MUD 1 TAX ROLL and duly introduced for the consideration of the Board of Directors. It was then duly moved and seconded that such Resolution be adopted and, after due discussion, such motion, carrying with it the adoption of such Resolution prevailed and carried by the following vote: AYES: NOES: 3. That a true, full and correct copy of such Resolution adopted at such meeting is attached to and follows this certificate; that such resolution has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Resolution would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED the 11th day of September 2007. ____________________________________ Constance S. White Secretary, Board of Directors (SEAL) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No.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 EXPLANATION: Newly elected officer positions become effective at the October 9th MUD 1 meeting. (Initials) Attachments: 1. None MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No.C.1 Receive District Manager's Report a. Revision of MUD 1 Rate Order for 2007 b. Items to be placed on future agendas (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No. D.1 Review and Approve Minutes a. August 7, 2007 EXPLANATION: (mm) Attachments: 1. Minutes MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 August 7, 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, August 7, 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 Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer Neil Twomey Director DIRECTORS ABSENT: Gary Cantrell Vice President STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Sakura Dedrick Finance Director Mary Moore Recording Secretary Bob West Attorney REGULAR SESSION A.1 Call Meeting to Order. President Henry announced a quorum and called the meeting to order at 6:01 p.m. A.2 Public Comments or Presentations. No public comments. B.1 Review and discuss FY07-08 Preliminary Budget for MUD 1. Finance Director Dedrick distributed a revised summary sheet, which included costs for the new fire station. No action taken. B.2 Present and discuss 2007 Certified Appraisal Records and Rollback Tax Rate Calculation. Finance Director Dedrick explained the rollback tax rate calculation and addressed the Board’s questions. Attorney West advised that MUDs were mostly exempt from Rollback Taxes; however, Legislation changed recently to include MUDs. Finance Director Dedrick stated there is no limitation on debt. The Rollback Tax Rate is based on appraisals and the O & M tax rate; which has been calculated by the Tax Office as .11164. This is a combination of the Fire O and M and MUD 1’s O and M. With the addition of the costs for the fire station and Fire Captain, the MUD 1 O & M tax rate is .12032, which is over by about $45,000. No action taken. B.3 Discuss and take appropriate action to take a record vote approving the placement of a proposal to adopt a 2007 Tax Rate on the September 11, 2007 Municipal Utility District No. 1 public meeting agenda as an action item. Director Twomey moved to approve the placement of a proposal to adopt a 2007 Tax Rate of .23250 on September 11, 2007 MUD 1 meeting. Director White seconded the motion. The floor was opened up for discussion. Mover amended motion to have a proposed tax rate of .2400 and seconder concurred. Motion carried unanimously. B.4 Discuss and take appropriate action regarding the MUD 1 President announcing September 11, 2007, as the date for a Public Hearing regarding the adoption of the Fiscal Year 2007-2008 MUD 1 Budget. Director Twomey moved to announce September 11, 2007 as the date for a Public Hearing regarding adopting the FY 2007-2008 MUD 1 budget. Director White seconded the motion. Motion carried unanimously. B.5 Discuss and take appropriate to renegotiate Cingular's (AT&T) cell tower lease agreement. Finance Director Dedrick distributed a handout and explained her discussions with Cingular regarding renegotiations for a new cell tower lease agreement. The Board directed Finance Director Dedrick to renegotiate the Cingular cell tower lease agreement for the terms as discussed in the meeting and as explained in the handout. B.6 Discuss and take appropriate action concerning proposed contract(s) with Town of Trophy Club for the providing of water and sewer services to the proposed new development by Centurion American. President Henry requested this agenda item be discussed in Closed/Executive Session to seek advice from their attorney. B.7 Discuss and take appropriate action concerning disposition of amounts to be received as a result of the contract(s) with the Town of Trophy Club for the furnishing of water and wastewater services to the new development known as "The Highlands," including discussion and appropriate action for resolving disputes with Trophy Club MUD No. 2 over the disposition of such funds by nonbinding mediation, nonbinding arbitration or binding arbitration. President Henry requested this agenda item be discussed in Closed/Executive Session to seek advice from their attorney. C.1 Receive District Manager's Report a. Items to be placed on future agendas District Manager Fitzpatrick had nothing to report. D.1 Review and Approve Minutes a. July 5, 2007 b. July 12, 2007 Director Twomey moved to approve the minutes for both July 5 and July 12, 2007. Director Hase seconded the motion. Motion carried unanimously. D.2 Review and Approve Disbursements and Variance Report a. June 2007 Director Hase moved to approve the disbursements and variance report for June 2007. Director Twomey seconded the motion. Motion carried unanimously. D.3 Review Monthly Tax Collection Report a. June 2007 The Board reviewed the June Tax Collection Report with no action taken. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, September 11, 2007, 6:00 p.m. The Board agreed to meet on Tuesday, September 11, 2007, 6:00 p.m. MUNICIPAL UTILITY DISTRICT 1 TO CONVENE INTO CLOSED SESSION Board convened into Closed Session at 6:57 p.m. CLOSED SESSION E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: TO CONDUCT A PRIVATE CONSULTATION 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 matters: B.6 Discuss and take appropriate action concerning proposed contract(s) with Town of Trophy Club for the providing of water and sewer services to the proposed new development by Centurion American. B.7 Discuss and take appropriate action concerning disposition of amounts to be received as a result of the contract(s) with the Town of Trophy Club for the furnishing of water and wastewater services to the new development known as "The Highlands," including discussion and appropriate action for resolving disputes with Trophy Club MUD No. 2 over the disposition of such funds by nonbinding mediation, nonbinding arbitration or binding arbitration. MUNICIPAL UTILITY DISTRICT 1 TO RECONVENE INTO REGULAR SESSION Board reconvened into Regular Session at 8:30 p.m. *REGULAR SESSION E.2 Discuss and take appropriate action concerning discussions held in Closed Session: a. 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. No action taken. b. 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. No action taken. F.1 Adjourn. Meeting adjourned at 8:30 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: 9-11-2007 Subject: Agenda Item No.D.2 Review and Approve Disbursements and Variance Report a. July 2007 (smd) Attachments: 1. July Variance Report MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No. D.3 Review Monthly Tax Collection Report a. July 2007 (mm) Attachments: 1. July Tax Report MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 9-11-2007 Subject: Agenda Item No.F.1 Adjourn. (mm)