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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. 2 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. (mm) 3 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. (mm) 4 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. (mm) Attachments: 1. ILA 5 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 6 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. ¶ 7 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 8 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. 9 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. 10 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 11 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 12 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 13 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 14 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 15 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 16 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 17 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) 18 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 12-16-2008 Subject: Agenda Item No.F.2 Adjourn. (mm)