HomeMy WebLinkAboutDecember 9, 2008 Regular Session Backup 1
Town of Trophy Club
Municipal Utility District No.1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Tuesday, December 9, 2008
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 concerning Order 2008-1209, the 2009 Rate
Order.
B.2 Discuss and take appropriate action concerning funding for new Fire Station.
B.3 Discussion concerning potential consolidation of MUDs 1 and 2.
C.1 Receive District Manager's Report
a. Trinity Well Update
C.2 Receive Finance Director's Report
a. Update - Agriculture Rollback
D.1 Review and Approve Minutes
a. November 11, 2008 - Regular Session minutes
D.2 Review and Approve Disbursements and Variance Report
a. October 2008
D.3 Review Monthly Tax Collection Report
a. October 2008
D.4 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, January 13, 2009, 6:00 p.m.
D.5 Items for Future Agendas
1. Further review of McLain's study relating to organizational costs for MUD 1.
(Twomey)
2. 2008 Certified Appraisal Analysis (Finance)
3. Establish MUD 1 reserves policy. (February - Committee Members Twomey
and Hase to provide report/update.)
F.1 Adjourn.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
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: 12-9-2008
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: 12-9-2008
Subject: Agenda Item No.B.1
Discuss and take appropriate action concerning Order 2008-1209, the 2009 Rate
Order.
EXPLANATION:
We have amended Section 1.08 (see below) by adding the fee for a Water Meter to
Rate Order.
Section 1.08. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 256.00
Fee for MUD-made Water Tap: $1,000.00
Inspection Fee for Water Tap: $ 50.00
The $1,000.00 fee must be received by the District before any residential
connection is initially made by MUD personnel to the District’s water system, which
includes the cost for a one-inch (1”) meter.
When taps have been made by someone other than MUD personnel, there is an
installation/inspection fee of $50.00 plus the cost of the appropriate meter.
Any request by a customer for service from an oversized connection line or from
a meter larger than a one-inch (1”) standard meter shall be granted by the District only if
the customer agrees and makes suitable arrangements to pay the increased costs for
such larger line and/or meter as set out above in Paragraph 1.02.
RECOMMENDATION:
Staff recommends approval.
(mm)
Attachments: 1. Order 2008-1209
Formatted: No underline
Formatted: No underline
Formatted: Highlight
Formatted: Highlight
Deleted:
Deleted: A fee of $1,000.00 must be
received by the District before any
residential connection is initia
Deleted: lly made by MUD personnel
to the District’s water system, which
tap fee will include a one-inch (1”)
meter. Should the tap have been
made by other than MUD personnel
then instead of the foregoing tap fee,
the cost of the appropriate meter and
an installation / inspection fee of
$50.00 must be received by the
District.
Deleted:
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2009 RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER No. 2008-1209
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 October 7,
2008 (the “2008-2009 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 2009 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.
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Deleted: July 8
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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
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.
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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
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 1.02. Residential Fire Lines, Connections, and Fees. A residence
of six-thousand (6,000) square feet and less than eight-thousand (8,000) square feet
shall have installed on its one-inch (1”) water service line, for fire protection, and as part
of said line, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of
said U-branch, meter, and meter-box shall be in the amount of five-hundred-twenty-five
dollars ($525.00), payable at the time of permitting.
A residence of more than eight-thousand (8,000) square feet, in addition to its
regular one-inch (1”) water service line, shall have installed a separate one-and one-half
inch (1½”) water service line for fire protection with its own meter and meter-box. The
cost of connection and installation of said separate line, meter and meter-box shall be
either $975.00 if the home is on the same side of the street as the waterline; or, if it is
on the opposite side of the street from the waterline, necessitating boring, then the
charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at the
time of permitting.
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.
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Section 1.04. Inspections and Fees. Fees for permits and for plumbing
inspections (other than for 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. 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.
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
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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. Construction Meters. 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
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 for
a three-inch (3”) meter and RPZ; $650.00 for a smaller meter and smaller RPZ.
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 $3.02 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
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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 Trophy Club Park at Lake Grapevine is specifically exempted from the
doubling provision of the preceding paragraph.
Section 1.08. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 256.00
Fee for MUD-made Water Tap: $1,000.00
Inspection Fee for Water Tap: $ 50.00
The $1,000.00 fee must be received by the District before any residential
connection is initially made by MUD personnel to the District’s water system, which
includes the cost for a one-inch (1”) meter.
When taps have been made by someone other than MUD personnel, there is an
installation/inspection fee of $50.00 plus the cost of the appropriate meter.
Any request by a customer for service from an oversized connection line or from
a meter larger than a one-inch (1”) standard meter shall be granted by the District only if
the customer agrees and makes suitable arrangements to pay the increased costs for
such larger line and/or meter as set out above in Paragraph 1.02.
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:
Formatted: No underline
Formatted: No underline
Formatted: Highlight
Formatted: Highlight
Deleted:
Deleted: A fee of $1,000.00 must be
received by the District before any
residential connection is initia
Deleted: lly made by MUD personnel
to the District’s water system, which
tap fee will include a one-inch (1”)
meter. Should the tap have been
made by other than MUD personnel
then instead of the foregoing tap fee,
the cost of the appropriate meter and
an installation / inspection fee of
$50.00 must be received by the
District.
Deleted:
Deleted: ¶
Deleted: ¶
Page Break
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(1) Single-Family Homes. Each single family home shall be
billed as follows:
Basic Charge Fee (Does not include water usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000 to 12,000 gallons per month $2.71/1,000 gal
13,000 to 25,000 gallons per month $2.92/1,000 gal
26,000-plus gallons per month $3.02/1,000 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.
(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
Basic Charge 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 a Basic Charge 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
Deleted: n
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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:
Basic Charge Fee (Does not include sewer usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000-12,000 gallons per month $2.71/1,000 gal
12,000 gallons maximum per month for residential
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:
Basic Charge Fee (Does not include sewer usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000-12,000 gallons per month $2.71/1,000 gal
13,000-25,000 gallons per month $2.92/1,000 gal
26,000-plus gallons per month $3.02/1,000 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 a Basic Charge 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. The District has contracted to sell effluent to
the Trophy Club Country Club and discharge said effluent into golf course lakes at a
charge $.55 per thousand gallons for the year 2008-2009.
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
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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.
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 $50.00 shall be
required from each residential owner customer for a single-family home
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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 $150.00 shall be
required from each residential lessee customer for a single-family home.
D. Construction Meters. See Paragraph 1.06 above.
E. Other customers. A security deposit equal to two months’
estimated average monthly water and sewer bill shall be required of all other
customers.
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.
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
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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.
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 H.B. 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.
16
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
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.
17
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
Section 4.01. Policy. The following policy regarding industrial waste shall
be effective:
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
18
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.
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.
19
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 “2009 Rate Order” (Order 2008-1209) 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 January 1, 2009.
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 9th day of December
2008.
__________________________
DEAN HENRY, President
Board of Directors, Trophy Club
Municipal Utility District No. 1
ATTEST:
(Seal)
_____________________________
CONSTANCE S. WHITE, Secretary
Board of Directors, Trophy Club
Municipal Utility District No. 1
Formatted: Superscript
Deleted: 8-0
Deleted: 07
Deleted: November 1
Deleted: 8
Deleted: 7th
Deleted: October
20
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-9-2008
Subject: Agenda Item No.B.2
Discuss and take appropriate action concerning funding for new Fire Station.
EXPLANATION:
Requested by President Henry, for discussion and possible action.
RECOMMENDATION:
(dh)
Attachments: 1. None
21
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-9-2008
Subject: Agenda Item No.B.3
Discussion concerning potential consolidation of MUDs 1 and 2.
EXPLANATION:
Requested by President Henry for discussion only; no action.
(dh)
Attachments: 1. None
22
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
Subject: Agenda Item No.C.1
Receive District Manager's Report
a. Trinity Well Update
(rs)
23
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-9-2008
Subject: Agenda Item No.C.2
Receive Finance Director's Report
a. Update - Agriculture Rollback
EXPLANATION:
RECOMMENDATION:
(sg)
24
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-9-2008
Subject: Agenda Item No.D.1
Review and Approve Minutes
a. November 11, 2008 - Regular Session minutes
EXPLANATION:
(mm)
Attachments: 1. November minutes
25
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
November 11, 2008
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and
Tarrant Counties met in Regular Session on Tuesday, November 11, 2008, at 5:30
p.m., in the Boardroom of the 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:
Robert Scott District Manager
Danny Thomas Fire Chief
Stephanie Gohlke Interim Finance Director
Mary Moore MUD Secretary
Brandon Emmons Town Manager
Nick Sanders Mayor
Bob West Attorney Arrived at 5:50 p.m.
Steven Kohs MUD 2 Director
REGULAR SESSION
A.1 Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 5:34 p.m.
A.2 Public Comments or Presentations.
No public present.
A.3 Receive Finance Director's Report
a. Audit
b. Tarrant Appraisal District appraised value research
Interim Finance Director Gohlke updated the Board regarding the on-going audit
process, advising that there have been no issues to date.
Interim Finance Director Gohlke advised she has been in contact with Tarrant County
Appraisal District (TAD), and they are aware that there are missing accounts. Gohlke is
emailing TAD almost daily, and she believes the missing accounts are commercial
accounts.
26
Directors Twomey and Cantrell offered Gohlke their assistance, if needed, to pursue the
missing accounts at TAD.
A.4 Review and Approve Disbursements and Variance Report
a. September 2008
Director Twomey moved to approve the September 2008 Disbursements and Variance
Report. Director Hase seconded the motion. Floor opened for discussion.
Director Twomey asked if the Variance Report ending September 30th should have
included the PID utility fees as a variance since it was not budgeted last year, because
it was about $14,000.
Motion passed unanimously.
B.1 Discuss and take appropriate action regarding establishing a policy for
MUD 1 reserves. (Director Twomey)
Director Twomey explained a PowerPoint presentation regarding establishing a
Reserve Policy for MUD 1, and solicited input from the Board.
Attorney West arrived at 5:50 p.m.
Director Cantrell moved to establish a committee of Directors, Twomey and Hase, to
work on establishing a policy for MUD 1 Reserves and to report back no later than
February. Director Twomey seconded the motion. Floor opened for discussion. Motion
passed unanimously. Director Cantrell amended his motion to add up to three (3)
citizens to the committee as needed by the committee. Director Twomey agrees.
Amended motion passed unanimously.
B.2 Discuss and take appropriate action concerning the 2008 Interlocal
Agreement for Fire Protection Services between Trophy Club Municipal
Utility District No. 1, Trophy Club Municipal Utility District No. 2 and the
Town of Trophy Club, as amended.
Directors Hase and White updated the Board as to what has transpired to date with this
ILA.
The Board discussed subparagraph 5 of Paragraph B, regarding Funding, as to whether
it should or should not be included.
Director Cantrell recommended this ILA go back to the Committee (Directors Budarf and
Hase from MUDs) for further discussion and agreement.
Director Twomey stated that he was concerned about using the calendar year for the
ILA as the MUD’s budget is based on the fiscal year ending September 30th. How, can
you true up the Fire Department’s budget based on the audit and audit adjustments,
when you have two different year ends?
27
Director White stated that she was concerned about the sixty-day notice to cancel the
contract because the MUD could approve its Fire Department budget in October and
the Town could cancel the ILA before January 1st calendar year.
Director White stated that because the “rent” is a complicated and somewhat debatable
issue, we need to ensure that the contract makes it very clear that we are committing to
a split of all of the funds; what’s paying for the building or what’s paying for the budget
between the three entities. If the rent does not work, the contract needs to state that we
will split the total cost between the three entities, as the building costs may have to be
handled in I and S; as it is not covered in the budget.
Director Hase suggested changing the first year of the contract to nine months, and
thereafter, the following contract years would go fiscal year to fiscal year.
No action taken except to have the Committee reconvene for further discussion.
B.3 Discussion and take appropriate action regarding establishing a Disaster
Plan.
Discussion only; no action taken.
B.4 Discuss and take appropriate action concerning possible amendment of
the existing New Intergovernmental Contract for Employee Services.
Director White advised there are still issues with this Contract. She advised the Town’s
view is that all employees need to follow the Town’s administrative policies. This
Contract states that the MUDs have Standard Operating Procedures that specifically
govern MUD employees, which she believes may need updating.
Director Hase stated he would like the extent of the Town’s involvement with the District
Manager to be for payroll and insurance. He requested Attorney West reconstruct the
wording of the Contract, so that the District Manager is a paid employee through the
Town payroll with its associated employee benefits; however, he is not under the control
of the Town Manager but rather the Master District Board.
Attorney West advised that he has had conversations with Town Attorney Adams, who
has concerns with Texas Municipal League (TML) and if the position of District Manager
as a Town employee poses a conflict with TML. Attorney West provided a history of this
existing agreement. We need to be certain that the SOP’s are in order and meet state
requirements.
Mayor Sanders asked, from TML’s viewpoint, where does the person get direction?
From an operational standpoint, the Town has a series of employment policies that
need to be maintained. Maintaining those agreed-upon policies that the entities have
agreed upon, and then there is one person in the Town who is held accountable to
ensure that those policies are maintained. How does the Town handle deviations from
Town policies? From an employment issue, the Town has some risk in that issue, and
28
Council is going to hold the Town Manager responsible and to not make exception to
those policies. That doesn’t mean that policy has anything to do with the SOPs for the
water or wastewater facilities. We’re just trying to make sure that TML doesn’t come
back later and say that all that money you paid doesn’t qualify.
Director White asked what TML is covering?
Town Manager Emmons stated that TML covers insurance. His main concern is TMRS
– Texas Municipal Retirement System, that if we have a contractual arrangement where
we have an employee who is just an employee on paper for the benefits, and we get
audited by TMRS, and they determine that this employee is directly responsible to this
outside board which is in no way affiliated to the Town of Trophy Club or any other
municipality; therefore that employee is not eligible and may jeopardize coverage of
other employees.
Director White believes that we looked into this when we originally decided to merge the
Town and MUD employees, and found that the MUDs could join TMRS.
Town Manager Emmons stated that we need to make sure the wording is done properly
so that the proper steps are put in place to protect the other employees.
Director Hayes stated that the question should be asked of TMRS, whether they do or
do not agree to fund MUD employees as part of the Town’s TMRS coverage.
Director Cantrell asked Director White to check with Human Resources and report back
at the Master District meeting as to the understanding with TMRS for MUD employees.
Discussion held with no action taken.
B.5 Discuss and take appropriate action concerning the new Fire Station.
Fire Chief Thomas stated we are still working on 9C of TCEQ’s paperwork, which is
MUD 2’s funding. There still are some finance issues with MUD 2’s loan. Director
Budarf is working on a loan letter from the bank.
Director Cantrell moved to recommend the new Fire Station be erected in its existing
site. Director Twomey seconded the motion. Floor opened for discussion.
Director White asked Town Manager Emmons for an update as to other possible
location sites for a new Fire/Police Station.
Town Manager Emmons provided an update, advising that discussions are still very
preliminary. Adding, the Church would consider selling their property if it is not too
much land. The Town has requested a study by consulting engineers for size and
currently we are still waiting on minimum size square footage necessary.
29
Director White advised that it will require a special congregational meeting of church
members.
Director Hase advised Town Manager Emmons that the MUDs will need land for a third
water storage tank.
President Henry advised that should the Fire Station move, the MUDs were only open
to an exchange of property, and definitely would not want to spend any money for land.
Director White advised that MUD 1 can submit the bond package with both options for
both pieces of property to TCEQ in (current location or otherwise); however, if they
submit for one or the other, then change, then they would have to start all over.
Director Hase stated he does not want to pay money for land.
Motion failed 2-3-0.
B.6 Discuss and take appropriate action regarding recent update by Lewis
McLain of CityBase.Net regarding Town-MUD Study.
President Henry advised this agenda item came before we knew it was known that this
would be addressed at Thursday’s Master District meeting.
Discussion held with no action taken.
B.7 Discuss and take appropriate action regarding email by Town Manager
Emmons, dated November 4, 2008 following meeting with Mr. Lewis McLain
of CityBase.Net regarding Town-MUD Study.
Discussion held with no action taken.
C.1 Receive District Manager's Report
a. Item(s) for future agenda
District Manager Scott advised the Board of TCEQ’s inspection last Friday, and the
delay in bidding for the Water Vault until November 20th due to lack of responses.
D.1 Review and Approve Minutes
a. October 7, 2008 – Regular Session
Director Henry moved to approve the minutes for October 7, 2008. Director Twomey
seconded the motion. Motion carried unanimously.
D.2 Review Monthly Tax Collection Report
a. September 2008
Board reviewed the September Tax Collection Report with no action taken.
D.3 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, December 9, 2008, 6:00 p.m.
The Board agreed to meet on Tuesday, December 9, 2008, at 6:00 p.m.
30
D.4 Items for Future Agenda
1. Request future review of the remaining MUD 1 organizational costs after
receipt of the 2008 Audit Report. (Director Twomey)
2. 2008 Certified Appraisal Analysis (Finance)
Discussed with no action to be taken.
F.1 Adjourn.
Meeting adjourned at 6:58 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
Mary Moore, Recording Secretary
31
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
Subject: Agenda Item No.D.2
Review and Approve Disbursements and Variance Report
a. October 2008
EXPLANATION:
RECOMMENDATION:
(sg)
Attachments: 1. October 2008 Variance Report
32
33
34
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
Subject: Agenda Item No.D.3
Review Monthly Tax Collection Report
a. October 2008
EXPLANATION:
(mm)
Attachments: 1. October’s Tax Collection Report
35
36
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 12-9-2008
Subject: Agenda Item No.D.4
Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, January 13, 2009, 6:00
p.m.
EXPLANATION:
This month the regularly scheduled meeting date of January 13th falls AFTER the
Master District Meeting on January 8th. If MUD 1 prefers to meet BEFORE Master
District, the Board could meet at 5:00pm on January 8, PRIOR to the start of the Master
District Meeting at 6pm.
RECOMMENDATION:
(mm)
Attachments: 1. January Calendar
37
38
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
Subject: Agenda Item No.D.5
Items for Future Agendas
1. Further review of McLain's study relating to organizational costs for MUD
1. (Twomey)
2. 2008 Certified Appraisal Analysis (Finance)
3. Establish MUD 1 reserves policy. (February - Committee Members
Twomey and Hase to provide report/update.)
EXPLANATION:
39
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 12-9-2008
Subject: Agenda Item No.F.1
Adjourn.
(mm)