HomeMy WebLinkAboutDecember 16, 2008 Special Session Backup1
Town of Trophy Club
Municipal Utility District No.1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Tuesday, December 16, 2008
4:00 P.M.
A.1 Call to Order and Announce a Quorum.
A.2 Public Comments or Presentations.
B.1 Discuss and take appropriate action concerning 2008 Interlocal Agreement for
Fire Protection Services between Trophy Club Municipal Utility District No. 1 and
Trophy Club Municipal Utility District No. 2 and Town of Trophy Club. Pages 5-9
B.2 Discuss and take appropriate action regarding Resolution 2008-1216, a
Resolution authorizing application to the Texas Commission on Environmental
Quality for approval of project and bonds. Pages 14-17
F.2 Adjourn.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-16-2008
Subject: Agenda Item No.A.1
Call to Order and Announce a Quorum.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-16-2008
Subject: Agenda Item No.A.2
Public Comments or Presentations.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-16-2008
Subject: Agenda Item No.B.1
Discuss and take appropriate action concerning 2008 Interlocal Agreement for Fire
Protection Services between Trophy Club Municipal Utility District No. 1 and
Trophy Club Municipal Utility District No. 2 and Town of Trophy Club.
EXPLANATION:
For discussion and action.
RECOMMENDATION:
Staff recommends approval.
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Attachments: 1. ILA
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THE STATE OF TEXAS)
COUNTY OF DENTON )
COUNTY OF TARRANT)
2008 INTERLOCAL COOPERATION AGREEMENT
FOR FIRE PROTECTION SERVICES
THIS INTERLOCAL COOPERATION AGREEMENT FOR FIRE PROTECTION
SERVICES (hereinafter “Agreement”) is made and entered into this ____ day of
_________, 2008, by and between Trophy Club Municipal Utility District No. 1,
Trophy Club Municipal Utility District No. 2, both districts created pursuant to Section
59, Article XVI, Texas Constitution and the Texas Water Code, Chapter 54 (hereinafter
referred to as “MUDs 1 and 2”) and the Town of Trophy Club, a Home Rule
Municipality, (hereinafter referred to as “Town”).
W I T N E S S E T H :
WHEREAS, MUDs 1 and 2 are duly organized political subdivisions of the State
of Texas engaged in the administration of fire protection and related services for the
benefit of those persons residing, traveling within, or being physically located within the
boundaries of MUDs 1 and 2 and further without limitation, the incorporated and
unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, MUDs 1 and 2 together are owners and operators of certain
vehicles and/or other equipment designed to engage in fire-fighting activities and have
in their employ such trained personnel whose duties are related to the provision of such
services and the operation of necessary vehicles and equipment (hereinafter collectively
referred to as “Fire Functions”); and
WHEREAS, the provision of Fire Functions is a governmental function that
serves the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS, MUDs 1 and 2 are authorized to perform Fire Functions pursuant to
Section 49.351 of the Texas Water Code, the Town is individually authorized to perform
Fire Functions pursuant to its police powers, and the parties desire to enter into this
Agreement regarding the performance of Fire Functions; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the “Act”) provides authority for governmental entities of the
State of Texas to enter into Interlocal agreements with each other regarding
governmental functions and services as set forth in the Act; and
NOW, THEREFORE, Town and MUDs 1 and 2, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows
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I.
Incorporation / Term
1.01 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.02 Term. This Agreement shall be executed by the respective authorized
representatives upon approval by each of the respective governing bodies of Town and
MUDs 1 and 2, and shall become effective beginning on January 1, 2009 for an initial
term of nine (9) months, ending on September 30, 2009. Thereafter, this Agreement
shall renew annually on October 1st for ten (10) consecutive terms of one (1) year each,
unless terminated by any party at least sixty (60) days prior to the end of each term. .
II.
Definitions
2.01 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. “Eligible Persons” shall mean those persons owning property, residing,
traveling within, or being physically located within the corporate boundaries of the
Town of Trophy Club, Texas and/or MUDs 1 and 2 and shall also include those
persons owning property, residing, traveling within, or being physically located within
the corporate boundaries of another political subdivision of the State of Texas with
whom Town and/or MUD2 and/or MUD1 have a mutual aid agreement to provide fire
protection services.
B. “Fire-fighting Activities”, “Fire Protection Services”, or “Fire Functions”
shall mean any and all of the customary and usual activities of a fire department,
including fire suppression, fire prevention, training, safety education, maintenance,
communications, photography, and administration.
III.
Obligations and Rights of the Parties
3.01 Budget and Funding
A. Budget The Director of Finance together with the Fire Chief shall prepare a
budget for Fire Protection Services. It shall be the responsibility of the Fire Chief to
certify that the budget so prepared meets the Fire Protection needs of the Eligible
Persons and allows an appropriate level of service. The budget shall be presented
to the governing board of the Master District for final approval. The Town Manager
may present the fire budget to the Town Council and forward any input to the Master
District for final approval.
Formatted: Bullets and Numbering
Formatted: Superscript
Deleted: one (1) year
Deleted: ten (10
Deleted: )
Deleted: January 1, 2010
Deleted:
Deleted:
Deleted: Such one (1) year initial
term shall renew annually for a total
of ten (10) consecutive terms of one
(1) year each, unless terminated by
any party at least sixty (60) days prior
to the end of the term. ¶
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The approval of Master District under this section shall not be unreasonably
withheld.
B. Funding MUDs 1 and 2 and the Town shall share the funding of all costs
associated with Fire Protection Services provided to Eligible Persons as defined
herein, in accordance with the terms of this Agreement. Said funding shall be
accomplished as follows:
1) MUDs 1 and 2 shall fund their share of all costs associated with Fire
Protection Services provided to Eligible Persons as defined herein, in
accordance with the terms of this Agreement through the assessment and
collection of an annual Fire Tax on the property owners of MUDs 1 and 2.
2) The Town shall fund all costs associated with Fire Protection Services to
Eligible Persons by an annual assessment on and collection from Eligible
Persons owning real property and improvements thereon located within the
Town but not within MUDs 1 or 2 and levied in accordance with the Public
Improvement District Act, Chapter 372 of the Texas Local Government Code,
as amended; said assessment shall be adopted by Town Council through the
approval of the Annual Service and Assessment Plan for Authorized Services
for the Trophy Club Public Improvement District No. 1. If the beneficial
assessment determined in the SAP (Service and Assessment Plan) is an
amount different from the fire tax of MUD1, the three parties agree to
negotiate the reconciliation of the difference.
3) The proportionate share of costs to be paid by each Party hereto in each year
of this Agreement shall be determined as follows:
For each year of this Agreement, the budget for Fire Protection Services shall
consist of the total of the annual budgeted costs for fire protection services
including fire station construction costs, as set forth in the budget adopted in
accordance with Section 3.01 of this Agreement. This total shall be divided by
the total of the assessed values of MUD 1, MUD 2 and the assessed values
of real property and improvements thereon owned by Eligible Persons and
located within the corporate boundaries of the Town but not within MUDs 1 or
2. The proportionate share of the budget attributable to each shall be the
proportion which the assessed valuation of each bears to the combined
assessed valuations of all three.
4) All funds that are not expended during the course of this agreement will be
applied to the next year’s budget. Conversely, shortfalls would be due by all
three (3) Entities.
5) The Parties to this Contract agree that the existing accounting procedures
for Fire Department Rent Expense are acceptable.
Deleted: u
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C. Payment: The funds so assessed and collected shall be combined and shall be
disbursed for the Fire Protection of all Eligible Persons, as defined above. Payments
from the Town to MUD 1 and MUD 2 for the purpose of Fire Protection Services shall be
paid to the Master District due on January 31, 2009 and on January 31 for each
successive year in which this Agreement is in effect. Payments will become past due
fifteen (15) business days after the established due date.
IV.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above. Each party hereto paying for the
performance of Fire Protection Services shall make such payments from current
revenues legally available to the paying party.
V.
Default / Termination
5.01 In the event that any party hereto breaches any term or condition of this
Agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a period of thirty (30) days after receipt of written notice of default by
the party allegedly in breach of its obligations hereunder. At the option of the aggrieved
party, if such default is not cured within the thirty (30) day period, this Agreement shall
immediately terminate without further notice.
VI.
Entire Agreement
This Agreement represents the entire and integrated agreement between the
Town and MUDs 1 and 2 and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by all three (3) parties.
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VII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms
and provisions, including but not limited to, the rights and duties of the parties hereto,
and exclusive venue shall be in Denton County, Texas.
VIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to
law, it is the intent of the parties hereto that the remaining portions shall remain valid
and in full force and effect to the extent possible.
IX.
Non-Waiver
All rights, remedies and privileges permitted or available to any party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of
any such right, remedy or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by any party in the
enforcement of any such right, remedy or privilege against one or more of the other
parties, shall not constitute a waiver of such right, remedy or privilege by the forbearing
party.
X.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
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EXECUTED in triplicate originals this, the _________ day of _________, 2008.
TOWN OF TROPHY CLUB, TEXAS
By____________________________
C. Nick Sanders, Mayor
ATTEST:
______________________________
Town Secretary
APPROVED AS TO FORM:
______________________________
Town Attorney
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TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
By_________________________
Dean Henry, President MUD 1
ATTEST:
______________________________
Constance S White, MUD 1 Secretary
APPROVED AS TO FORM:
___________________________
Robert G. West, MUD 1 Attorney
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
By_________________________
Jim Budarf, President MUD 2
ATTEST:
______________________________
James C. Thomas, MUD 2 Secretary
APPROVED AS TO FORM:
___________________________
Pam Liston, MUD 2 Attorney
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ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ___ day of
________________, 2008 by C. Nick Sanders, Mayor, Town of Trophy Club, Texas,
on behalf of such entity.
______________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ___ day of
__________________, 2008 by Dean Henry, President of TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1, on behalf of such corporation.
________________________________
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ___ day of
__________________, 2008 by Jim Budarf, President of TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 2, on behalf of such corporation.
________________________________
Notary Public in and for the
State of Texas
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-16-2008
Subject: Agenda Item No.B.2
Discuss and take appropriate action regarding Resolution 2008-1216, a Resolution
authorizing application to the Texas Commission on Environmental Quality for
approval of project and bonds.
EXPLANATION:
RECOMMENDATION:
(jh)
Attachments: 1. Resolution
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TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
RESOLUTION NO. 2008-1216
A RESOLUTION AUTHORIZING APPLICATION TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF
PROJECT AND BONDS
THE STATE OF TEXAS §
COUNTY OF DENTON §
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 §
WHEREAS, Trophy Club Municipal Utility District No. 1 (“District”) is a
Conservation and Reclamation District of the State of Texas created pursuant to Article
16, Section 59 of the Texas Constitution and Chapters 54 and 49 of the Texas Water
Code (“Act”); and
WHEREAS, the District now desires to issue $2,000,000 in unlimited tax bonds
for constructing and equipping a building facility for a fire station for fire fighting
purposes (“Project”) described in the Engineering/Architect Report prepared by BRW
Architects; and
WHEREAS, the Texas Water Code and the Act requires the District, when it
desires to issue bonds, to submit in writing to the Commission an application for
investigation of the Project and of the issuance of the bonds to finance the Project,
together with a copy of the engineering report, data, profiles, maps, plans, and
specifications prepared in connection therewith; and
WHEREAS, the Board of Directors desires to secure the approval and consent of
the Commission for the Project, which is more completely described in the Engineering
Report submitted in connection with this Application, and to the issuance of the bonds
hereinafter described in Section 1(2) of this Resolution.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
Section 1. The President and Secretary of the Board of Directors, the District’s
attorneys, and the District’s engineers are hereby authorized and directed as follows:
(1) To make application to the Texas Commission on Environmental Quality
for an investigation and report upon the feasibility of the District’s financing
that portion of the Project described in the Engineering/Architect Report
prepared by BRW Architects in connection with this Application.
(2) To request the Texas Commission on Environmental Quality to approve
the unlimited tax bonds of the District in the principal amount of
$2,000,000, bearing interest at a net effective interest rate not to exceed
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the maximum legal limit in effect at the time of issuance, and maturing
serially in accordance with the schedule provided in the aforesaid
Application and Engineering Report.
Section 2. By this Application, the District assures the Commission that it will
abide by the terms and conditions prescribed in connection with the Commission’s
approval of this Project.
Section 3. BRW Architects is authorized and directed to prepare an
Engineering/Architectural Report in the form required by the Commission and to submit
same to the Commission in support of this Application together with a copy of the data,
profiles, maps, plans and specifications prepared in connection with such report.
Section 4. The President and Secretary of the Board of Directors, the District’s
General Manager, the District’s Engineers/Architects, BRW Architects, the District’s
Attorneys, McCall, Parkhurst & Horton, L.L.P., and the District’s Financial Advisor,
Southwest Securities, are authorized and directed to do any and all things necessary
and proper in connection with this Application, including the filing of this Application.
Section 5. A certified copy of this Resolution shall constitute an Application
and request on behalf of the District to the Texas Commission on Environmental Quality
pursuant to Section 49.181, Texas Water Code for approval of the Project described in
Section 1(1) and the bonds described in Section 1(2).
PASSED AND APPROVED THIS 16TH DAY OF DECEMBER, 2008
TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1
______________________________________
President, Board of Directors
ATTEST:
____________________________________
Secretary, Board of Directors
SEAL
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CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS §
COUNTY OF DENTON §
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 §
We, the undersigned officers of said District, hereby certify as follows:
1. The Board of Directors of said District convened in SPECIAL MEETING
ON THE 16TH DAY OF DECEMBER, 2008, at the regular meeting place, and the roll
was called of the duly constituted officers and members of said Board of Directors, to-
wit:
Dean Henry, President
Gary Cantrell, Vice President
Connie White, Secretary/Treasurer
Jim Hase, Director
Neil Twomey, Director
and all of said persons were present, except the following members:
________________________ thus constituting a quorum. Whereupon, among other
business, the following was transacted at said Meeting: a written
RESOLUTION AUTHORIZING APPLICATION TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF
PROJECT AND BONDS
was duly introduced for the consideration of said Board of Directors and read in full. It
was then duly moved and seconded that said Resolution be passed, and, after due
discussion, said motion carrying with it the passage of said Resolution, prevailed and
carried by the following vote:
AYES: All members of said Board of Directors shown present above voted "Aye".
NOES: None.
2. That a true, full and correct copy of the aforesaid Resolution passed at the
Meeting described in the above and foregoing paragraph is attached to and follows this
Certificate; that said Resolution has been duly recorded in said Board of Director's
minutes of said Meeting; that the above and foregoing paragraph is a true, full and
correct excerpt from said Board of Director's minutes of said Meeting pertaining to the
passage of said Resolution; that the persons named in the above and foregoing
paragraph are the duly chosen, qualified and acting officers and members of said Board
of Directors as indicated therein; that each of the officers and members of said Board of
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Directors was duly and sufficiently notified officially and personally, in advance, of the
time, place and purpose of the aforesaid Meeting, and that said Resolution would be
introduced and considered for passage at said Meeting, and each of said officers and
members consented, in advance, to the holding of said Meeting for such purpose, and
that said Meeting was open to the public and public notice of the time, place and
purpose of said meeting was given, all as required by Chapter 551, Texas Government
Code.
3. That the President of the Board of Directors of said District has approved
and hereby approves the aforesaid Resolution; that the President of the Board of
Directors and the Secretary of the Board of Directors of said District have duly signed
said Resolution; and that the President of the Board of Directors and the Secretary of
the Board of Directors of said District hereby declare that their signing of this Certificate
shall constitute the signing of the attached and following copy of said Resolution for all
purposes.
SIGNED AND SEALED the 16th day of December, 2008.
_________________________ _______________________
Secretary, Board of Directors President, Board of Directors
(SEAL)
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-16-2008
Subject: Agenda Item No.F.2
Adjourn.
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