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HomeMy WebLinkAboutJune 12, 2008 Regular Session BackupTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Thursday, June 12, 2008 5:00 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Discuss and take the appropriate action regarding establishing an agenda item for all future meetings that list any business items that may be considered at future MUD 1 meetings. (Twomey) B.2 Discuss and take appropriate action to approve the 2008 Interlocal Cooperation Agreement for property tax collection between MUD 1 and Denton County. B.3 Discuss and take appropriate action regarding proposed 2008 Master District Contract. (District Manager) B.4 Discuss and take the appropriate action regarding the $2,000,000 Fire Station Bond and required submission to the Texas Commission on Environmental Quality (TCEQ) after receiving Fire Committee's recommendations. (Twomey) B.5 Discuss and take appropriate action to renew annual contract with Southwest Securities. (Danny Thomas) B.6 Discuss and take appropriate action to approve contract with BRW Architects for submittal of Fire Station Bond Application to Texas Commission on Environmental Quality. (Danny Thomas) C.1 Receive District Manager's Report a. Water's Edge, Canterbury Hills Phase One, Lot 3 C.2 Receive Finance Director's Report a. Budget Update b. Gas Well Update ($767.33) D.1 Review and Approve Minutes a. May 8, 2008 - Regular Session b. May 20, 2008 - Special Session D.2 Review and Approve Disbursements and Variance Report a. April 2008 D.3 Review Monthly Tax Collection Report a. April 2008 D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, July 8*, 2008, 6:00 p.m. (*As per Budget Calendar) E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: Adjourn into closed meeting for the Board to conduct a private consultation with its attorney on the following matter in which the duty of the attorney to the District under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: To seek advice of the attorney concerning implementation of the MUD - Town of Trophy Club Operations and Water Contracts. E.2 Discuss and take appropriate action regarding discussions held in Closed Session. a. Town-MUD Operations and Water Contracts F.2 Adjourn. 2 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 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: 6-12-2008 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: 6-12-2008 Subject: Agenda Item No.B.1 Discuss and take the appropriate action regarding establishing an agenda item for all future meetings that list any business items that may be considered at future MUD 1 meetings. (Twomey) EXPLANATION: Agenda items may be requested by a Board Member to be placed on future MUD 1 Board Meeting Agendas with dates listed beside the individual item, representing the meeting date where item should be discussed by the Board. RECOMMENDATION: ACTION BY MUD1: (nt) Attachments: 1. None 5 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No. B.2 Discuss and take appropriate action to approve the 2008 Interlocal Cooperation Agreement for property tax collection between MUD 1 and Denton County. EXPLANATION: This is the annual agreement (Oct 2008 - Sep 2009) under which Denton County serves as the MUD’s tax assessor and collector. While appraisal of properties is completed separately by Denton and Tarrant County Appraisers, collection of both counties is achieved by Denton County. This agreement is substantially the same as it has been for several years, with the exception of the increase in fees, which are as follows: 2006 2007 2008 Mail Tax Statement $.67 $.73 $.73 Mail Tax Statement (2nd Notice) $.44 $.44 $.73 Mail Delinquent Tax Statement (Sec. 33.11) $.67 $.73 $.73 Mail Delinquent Tax Statement (Sec. 33.07) $.67 $.73 $.73 *All Other Fees Remain Unchanged RECOMMENDATION: Staff recommends approval. Staff also recommends designating Sakura Dedrick as the District’s liaison. (smd) Attachments: 1. 2008 Interlocal Agreement for Property Tax Collection 6 INTERLOCAL COOPERATION AGREEMENT - TAX COLLECTION THIS AGREEMENT is made and entered into this _____________________ day of ____________________ 2008, by and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "COUNTY," and Trophy Club MUD #1, Denton County, Texas, also a political subdivision of the State of Texas, hereinafter referred to as "DISTRICT." WHEREAS, COUNTY and DISTRICT mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, and V.T.C.A., Tax Code, Section 6.24 and 25.17 and; WHEREAS, DISTRICT has the authority to contract with the COUNTY for the COUNTY to act as tax assessor and collector for DISTRICT and COUNTY has the authority to so act; NOW THEREFORE, COUNTY and DISTRICT, for and in consideration of the mutual promises, covenants, and agreements herein contained, do agree as follows: I. The effective date of this Agreement shall be the _______ day of ____________, 2008. The term of this Agreement shall be for a period of one year, from October 1, 2008, to and through September 30, 2009. This Agreement shall be automatically renewed for an additional one (1) year term at the discretion of the COUNTY and DISTRICT, unless written notice of termination is provided by the terminating party to the other party prior to one hundred-fifty (150) days of the expiration date of the initial term of the Agreement. 7 II. For the purposes and consideration herein stated and contemplated, COUNTY shall provide the following necessary and appropriate services for DISTRICT to the maximum extent authorized by this Agreement, without regard to race, sex, religion, color, age, disability, or national origin: 1. COUNTY, by and through its duly qualified tax assessor-collector, shall serve as tax assessor-collector for DISTRICT for ad valorem tax collection for tax year 2008, and each tax year for the duration of this Agreement. COUNTY agrees to perform all necessary ad valorem assessing and collecting duties for DISTRICT and DISTRICT does hereby expressly authorize COUNTY to do and perform all acts necessary and proper to assess and collect taxes for DISTRICT. COUNTY agrees to collect base taxes, penalties, interest, and attorney's fees. 2. COUNTY agrees to prepare and mail all tax statements; provide monthly collection reports to DISTRICT; prepare tax certificates; develop and maintain both current and delinquent tax rolls; meet the requirements of Section 26.04 of the Texas Property Tax Code; and to develop and maintain such other records and forms as are necessary or required by State law, rules, or regulations. 3. COUNTY further agrees that it will calculate the effective tax rates and rollback tax rates for DISTRICT and that such calculations will be provided at no additional cost to DISTRICT. The information concerning the effective and rollback tax rates will be published in the form prescribed by the Comptroller of Public Accounts of the State of Texas, and as required by Section 26.04 of V.T.C.A. Tax Code. DISTRICT 8 shall notify tax assessor-collector at least 7 days before DISTRICT wishes publication of forms specified in this section. It is understood and agreed by the parties that the expense of publication shall be borne by DISTRICT and that COUNTY shall provide DISTRICT’s billing address to the newspaper publishing the effective and rollback tax rates. 4. COUNTY agrees, upon request, to offer guidance and the necessary forms for posting notices of required hearing and quarter-page notices as required by Sections 26.05 and 26.06 of V.T.C.A. Tax Code, if DISTRICT requests such 7 days in advance of the intended publication date. Should DISTRICT vote to increase its tax rate above the rollback tax rate, or more than three percent (3%) above the effective tax rate, whichever is lower, (or other limits required by current legislation) the required publication of quarter-page notices shall be the responsibility of DISTRICT. 5. COUNTY agrees to develop and maintain written policies and procedures of its operation. COUNTY further agrees to make available full information about the operation of the County Tax Office to DISTRICT, and to promptly furnish written reports to keep DISTRICT informed of all financial information affecting it. 6. DISTRICT agrees to promptly deliver to COUNTY all records that it has accumulated and developed in the assessment and collection of taxes, and to cooperate in furnishing or locating any other information and records needed by COUNTY to perform its duties under the terms and conditions of this Agreement. 7. COUNTY agrees to allow an audit of the tax records of DISTRICT in COUNTY’S possession during normal working hours with at least 48 hours advance, 9 written notice to COUNTY. The expense of any and all such audits shall be paid by DISTRICT. A copy of any and all such audits shall be furnished to COUNTY. 8. If required by DISTRICT, COUNTY agrees to obtain a surety bond for the County Tax Assessor/Collector. Such bond will be conditioned upon the faithful performance of the Tax Assessor/Collector’s lawful duties, will be made payable to DISTRICT and in an amount determined by the governing body of DISTRICT. The premium for any such bond shall be borne solely by DISTRICT. 9. COUNTY agrees that it will place quarter-page advertisements in newspapers serving Denton County in January, 2009, as a reminder that delinquent tax penalties will apply to all assessed taxes which are not paid by January 31, 2009. The advertisements will be printed two times in each paper between January 5th and January 25th. 10. COUNTY agrees that it will post to a secure website collection reports for DISTRICT listing current taxes, delinquent taxes, penalties and interest on a daily basis between October 1, 2008 and March 31, 2009 and on a weekly basis between April 1, 2009 and September 30, 2009; provide monthly Maintenance and Operation (hereinafter referred to as “MO”), and Interest and Sinking (hereinafter referred to as “IS”) collection reports; provide monthly recap reports; and provide monthly attorney fee collection reports. 11. DISTRICT retains its right to select its own delinquent tax collection attorney and COUNTY agrees to reasonably cooperate with the attorney selected by DISTRICT in the collection of delinquent taxes and related activities. III. 10 COUNTY hereby designates the Denton County Tax Assessor/ Collector to act on behalf of the County Tax Office and to serve as Liaison for COUNTY with DISTRICT. The County Tax Assessor/Collector, and/or his/her designee, shall ensure the performance of all duties and obligations of COUNTY; shall devote sufficient time and attention to the execution of said duties on behalf of COUNTY in full compliance with the terms and conditions of this Agreement; and shall provide immediate and direct supervision of the County Tax Office employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of COUNTY and DISTRICT. IV. COUNTY accepts responsibility for the acts, negligence, and/or omissions related to property tax service of all COUNTY employees and agents, sub-contractors and /or contract laborers, and for those actions of other persons doing work under a contract or agreement with COUNTY to the extent allowed by law. V. DISTRICT accepts responsibility for the acts, negligence, and/or omissions of all DISTRICT employees and agents, sub-contractors and/or contract laborers, and for those of all other persons doing work under a contract or agreement with DISTRICT to the extent allowed by law. VI. DISTRICT understands and agrees that DISTRICT, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of COUNTY. COUNTY understands and 11 agrees that COUNTY, its employees, servants, agents, and representatives shall at no time represent themselves to be employees, servants, agents, and/or representatives of DISTRICT. VII. For the services rendered during the 2008 tax year, DISTRICT agrees to pay COUNTY for the receipting, bookkeeping, issuing, and mailing of tax statements as follows: 1. The current tax statements will be mailed on or about October 20th or as soon thereafter as practical. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement, but a minimum fee per year for the October mailing will be $500.00. If DISTRICT does not adopt a tax rate before September 29, 2008, the tax rate for DISTRICT will be set at the lower of the effective tax rate calculated for that year or the tax rate adopted by DISTRICT for the preceding tax year. Before the fifth day after establishment of a tax rate under this provision, DISTRICT must ratify the applicable tax rate in the manner required by Article 26.05(b) of the Texas Property Tax Code. 2. District understands and agrees that County will assess a surcharge for each parcel (account) that is physically outside the geographical limits of the County. The surcharge will be a fee not to exceed twenty-five cents ($.25) per parcel and will be billed to District in the month of December. 3. An additional notice will be sent during the month of March following the initial mailing provided that DISTRICT has requested such a notice on or before 12 February 28th. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement. 4. At least 30 days, but no more than 60 days, prior to April 1st, and following the initial mailing, a delinquent tax statement meeting the requirements of Section 33.11 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement. 5. At least 30 days, but no more than 60 days, prior to July 1st, and following the initial mailing, a delinquent tax statement meeting the requirements of Section 33.07 of the Texas Property Tax Code will be mailed. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement. 5. In event of a successful rollback election which takes place after tax bills for DISTRICT have been mailed, DISTRICT agrees to pay COUNTY a programming charge of $5,000.00. The fee for this service will be a rate not to exceed Seventy-three Cents ($.73) per statement, Property Tax Code Section 26.07 (f), will be charged. When a refund is required per Property Tax Code Section 26.07 (g), a $.25 processing fee per check will be charged, in addition to the corrected statement mailing costs. Issuance of refunds, in the event of a successful rollback election, will be the responsibility of the COUNTY. DISTRICT will be billed for the refunds, postage and processing fees. 6. DISTRICT understands and agrees that COUNTY will bill DISTRICT following each mailing for which charges are permitted. Payment is due upon receipt of the statement. 13 7. DISTRICT further understands and agrees that COUNTY (at its sole discretion) may increase or decrease the amounts charged to DISTRICT for any renewal year of this Agreement, provided that COUNTY gives written notice to DISTRICT sixty (60) days prior to the expiration date of the initial term of the Agreement. VIII. COUNTY agrees to remit all taxes, penalties, and interest collected on DISTRICT's behalf and to deposit such funds into the DISTRICT’s depositories, as designated: 1. For deposits of tax, penalties, and interest, payment shall be by wire transfer or by check sent by mail to DISTRICT's accounts only, and segregated into the appropriate MO and IS accounts. 2. If DISTRICT uses the same depository as COUNTY, the deposits of tax, penalty and interest shall be by deposit transfer. 3. In anticipation of renewal of this Agreement, COUNTY further agrees that from October 1, 2008 through March 31, 2009, deposits will be made daily and from April 1, 2009, through September 30, 2009, deposits will be made weekly. For end of month reporting, there will be a deposit made at the end of each month. It is expressly understood, however, that this obligation of COUNTY shall not survive termination of this Agreement, whether by termination by either party or by failure of the parties to renew this Agreement. IX. 14 In the event of termination, the withdrawing party shall be obligated to make such payments as are required by this Agreement through the balance of the tax year in which notice is given. COUNTY shall be obligated to provide services pursuant to this Agreement, during such period. X. This Agreement represents the entire agreement between DISTRICT and COUNTY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the governing bodies of both DISTRICT and COUNTY or those authorized to sign on behalf of those governing bodies. XI. Any and all written notices required to be given under this Agreement shall be delivered or mailed to the listed addresses: COUNTY: County Judge of Denton County 110 West Hickory Denton, Texas 76201 Telephone 940-349-2820 DISTRICT: Trophy Club MUD #1 100 Municipal The Trophy Club, Texas 76262 Telephone: 682-831-4610 XII. 15 DISTRICT hereby designates _____________________ to act on behalf of DISTRICT, and to serve as Liaison for DISTRICT to ensure the performance of all duties and obligations of DISTRICT as stated in this Agreement. DISTRICT’s designee shall devote sufficient time and attention to the execution of said duties on behalf of DISTRICT in full compliance with the terms and conditions of this Agreement; shall provide immediate and direct supervision of the DISTRICT employees, agents, contractors, subcontractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this Agreement for the mutual benefit of DISTRICT and COUNTY. XIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties that the remaining portions shall remain valid and in full force and effect to the extent possible. XIV. The undersigned officers and/or agents of the parties are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties. Each party hereby certifies to the other that any resolutions necessary for this Agreement have been duly passed and are now in full force and effect. 16 Executed in duplicate originals this, ______________day of __________________ 2008. COUNTY DISTRICT Denton County Texas 110 West Hickory Denton, Texas 76201 Trophy Club MUD #1 100 Municipal The Trophy Club, Texas 76262 BY:___________________________ BY:__________________________ Honorable Mary Horn Name: ________________________ Denton County Judge Title: _________________________ ATTEST: ATTEST: BY:____________________________ BY:__________________________ Cynthia Mitchell Name_________________________ Denton County Clerk Title__________________________ APPROVED FORM AND CONTENT: APPROVED AS TO FORM: _______________________________ ______________________________ Steve Mossman Kim Gilles Denton County Denton County Tax Assessor/Collector Assistant District Attorney 17 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding proposed 2008 Master District Contract. (District Manager) EXPLANATION: Agenda Item carried over from May 8th Master District meeting. As requested at the May 8th MD meeting, Counsel Bob West and Pam Liston have reviewed this contract and offer the following recommended changes, which have been incorporated but not accepted. I have reviewed the draft of the NEW MASTER DISTRICT CONTRACT that I received from you on May 15, and I have the following comments and suggested revisions: 1. I suggest changing the title of the document to "2008 MASTER DISTRICT CONTRACT" to distinguish it from the contract signed effective October 4, 2000. If this name change is used, then a similar change would be needed in the first sentence of Paragraph 1, in the last sentence of Paragraph 2.D on page 3. 2. On page 2, near the bottom of the page, in each of the two paragraphs that begin "By the document entitled," I believe that the comma should be deleted after the word "entitled". 3. On page 3, in Paragraph 2.E, I suggest that the sentence be revised to read as follows: "This Contract is to supersede and replace the New Master District Contract that was effective October 4, 2000, as amended." 4. On page 4, in Paragraph 2.H, I suggest that the last phrase be revised to read as follows: "as allowed by Section 791.011(c)(2) and Section 791.013 of the Texas Government Code." 5. In Paragraph 5, I suggest that in the first sentence after the phrase "has been established" you insert "in October 2000" and delete the words "to be" before the word "known". I also suggest that the following language be inserted as a separate unnumbered paragraph after the first paragraph (this language is taken from Paragraph 2.A of the 2001 Agreement Regarding Capital Improvements): 18 The purpose of the Master District is to serve as the administrative agency (as authorized by Section 791.013 of the Texas Government Code) of the two participating Districts for the joint construction, financing, ownership, and operation of the central water and wastewater works, improvements, facilities, plants, equipment, and appliances necessary to provide water and wastewater services to the customers of the two participating Districts, as authorized by Section 49.213 of the Texas Water Code. 6. In Paragraph 6, the second paragraph should read as follows: MUD 1 and MUD 2 agree that, if land not already within a District is to be annexed into either of the two Districts, such land shall be annexed by and into MUD 2 until such time that the tax rates of MUD 1 and MUD 2 are equal. 7. In Paragraph 7 and later in Paragraph 15 (the second paragraph, two times), the word "dedicated" is used and created controversy between the two MUDs a year or so ago. Should that be changed to "contributed"? In thinking further about my comment #7 (about maybe changing the word "dedicate" to "contribute"), I think we should talk to the accountants about this before making the change in words because this might have some impact on financial statements or tax related reports. They may have a different word they would like to see used. 8. Also in Paragraph 7, the third paragraph, beginning "As under the preceding Master District Contract" I suggest that you insert the date "effective October 4, 2000." 9. In Paragraph 8, regarding Employees, I suggest that the fourth word be changed to "may" (rather than "shall") and that a phrase be added at the end of the sentence stating ", or may enter into contracts with independent contractors, service companies, or other parties for such purposes." RECOMMENDATION: For review, comment and action. (MUD 2 approved the contract at their June 4th meeting) (wrf) Attachments: 1. 2008 Master District Contract 19 20 21 22 23 24 25 26 27 28 29 30 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No. B.4 Discuss and take the appropriate action regarding the $2,000,000 Fire Station Bond and required submission to the Texas Commission on Environmental Quality (TCEQ) after receiving Fire Committee's recommendations. (Twomey) (nt) 31 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.B.5 Discuss and take appropriate action to renew annual contract with Southwest Securities. (Danny Thomas) EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (dt) Attachments: 1. Financial Advisory Contract 32 33 34 35 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.B.6 Discuss and take appropriate action to approve contract with BRW Architects for submittal of Fire Station Bond Application to Texas Commission on Environmental Quality. (Danny Thomas) EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (dt) Attachments: 1. TCEQ Proposal 36 37 38 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.C.1 Receive District Manager's Report a. Water's Edge, Canterbury Hills Phase One, Lot 3 (mm) 39 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No. C.2 Receive Finance Director's Report a. Budget Update b. Gas Well Update ($767.33) (smd) Attachments: 1. None 40 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No. D.1 Review and Approve Minutes a. May 8, 2008 - Regular Session b. May 20, 2008 - Special Session (mm) Attachments: 1. Minutes 41 MINUTES OF REGULAR SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 May 8, 2008 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on Thursday, May 8, 2008, at 5:00 p.m., in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Connie White Secretary/Treasurer Gary Cantrell Vice President Neil Twomey Director DIRECTORS ABSENT: Jim Hase Asst. Secretary/Treasurer STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Danny Thomas Fire Chief Sakura Dedrick Finance Director Stephanie Gohlke Financial Analyst Mary Moore Recording Secretary Robert Scott Utility Superintendent Bob West Attorney Bob Radder 1 Lee Court REGULAR SESSION A.1 Call Meeting to Order. President Henry announced a quorum and called the meeting to order at 5:00 p.m. A.2 Public Comments or Presentations. No public comments. B.1 Discuss and review FY08-09 Preliminary Budget. Finance Director Dedrick went over the preliminary budget and addressed the Board’s questions. Discussion only; no action taken. B.2 Discuss and take appropriate action concerning granting an easement to City of Fort Worth to provide power to the new water vault. Utility Superintendent Scott explained the easement options available to Fort Worth for the new water vault and recommended one of the options . Director Fitzpatrick recommended granting of the suggested easement to City of Fort Worth, and advised the Board that the same will be brought to the Board for approval in the near future. 42 Discussion only; no action. C.1 Receive District Manager's Report a. Discussion regarding items for possible inclusion on future agendas. District Manager Fitzpatrick had nothing to report. C.2 Receive Finance Director's Report a. Discussion regarding items for possible inclusion on future agendas. Finance Director Dedrick had nothing to report. D.1 Review and Approve Minutes a. April 8, 2008 – Regular Session Director White moved to approve the minutes for April 8, 2008. Director Cantrell seconded the motion. Motion carried unanimously. D.2 Review and Approve Disbursements and Variance Report a. March 2008 Director Cantrell moved to approve the March 2008 Disbursements and Variance Report. Director Twomey seconded the motion. Motion carried unanimously. D.3 Review Monthly Tax Collection Report a. March 2008 Board reviewed report with no action taken. D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, June 10, 2008, 6:00 p.m. Board agreed to meet on Tuesday, June 10, 2008, 6:00 p.m. F.1 Adjourn. Meeting adjourned at 5:48 p.m. _________________________________ Dean Henry, President (SEAL) ____________________________________ Constance S. White, Secretary/Treasurer ______________________________________ Mary Moore, Recording Secretary 43 MINUTES OF SPECIAL SESSION TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 May 20, 2008 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Special Session on Tuesday, May 20, 2008, at 5:30 p.m., in the Boardroom of the Trophy Club Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. DIRECTORS PRESENT: Dean Henry President Connie White Secretary/Treasurer Jim Hase Asst. Secretary/Treasurer Gary Cantrell Vice President Neil Twomey Director STAFF AND GUESTS PRESENT: Walter Fitzpatrick District Manager Mary Moore Recording Secretary Carol Borges MUD 2 Director Bob Radder 1 Lee Court Shirley Hase 209 Inverness Avenue Betty Ann Henry 308 Oakmont Drive REGULAR SESSION A.1 Call Meeting to Order. President Henry announced a quorum and called the meeting to order at 5:30 p.m. A.2 Public Comments or Presentations. Bob Radder addressed the Board, congratulating Directors Henry and Hase on their re-election. B.1 Discuss and take appropriate action regarding Order 2008-0520, canvassing the returns and declaring the results of the Directors' Election for MUD 1. Director White moved to approve Order 2008-0520. Director Twomey seconded the motion. Floor opened for discussion. Motion carried unanimously. B.2 Discuss and take appropriate action regarding an Order Canvassing Election Returns for the issuance of $2,000,000 of tax bonds and the levy of ad valorem taxes to pay for the bonds (construction and equipment of fire station and acquisition of land). Director Hase moved to approve the Order Canvassing Election Returns for the issuance of $2,000,000 of tax bonds and the levy of ad valorem taxes to pay for the bonds (construction and equipment of fire station and acquisition of land). Director Twomey seconded the motion. Motion carried unanimously. Recording Secretary Mary Moore administered the Oath of Office to Jim Budarf and Jim Thomas. F.1 Adjourn. Meeting adjourned at 5:38 p.m. _____________________________________ Dean Henry, President (SEAL) _____________________________________ Constance S. White, Secretary/Treasurer _____________________________________ Mary Moore, Recording Secretary 44 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No. D.2 Review and Approve Disbursements and Variance Report a. April 2008 (smd) Attachments: 1. Variance Report 45 46 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.D.3 Review Monthly Tax Collection Report a. April 2008 EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (Initials) Attachments: 1. April 2008 Tax Collection Report 47 48 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.D.4 Set Next Meeting Date Next regularly scheduled meeting date: Tuesday, July 8*, 2008, 6:00 p.m. (*As per Budget Calendar) EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (Initials) Attachments: 1. Meeting Calendar 49 50 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: Adjourn into closed meeting for the Board to conduct a private consultation with its attorney on the following matter in which the duty of the attorney to the District under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: To seek advice of the attorney concerning implementation of the MUD - Town of Trophy Club Operations and Water Contracts. EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (Initials) Attachments: 1. None 51 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.E.2 Discuss and take appropriate action regarding discussions held in Closed Session. a. Town-MUD Operations and Water Contracts EXPLANATION: RECOMMENDATION: ACTION BY MUD1: (Initials) Attachments: 1. None 52 53 MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 6-12-2008 Subject: Agenda Item No.F.2 Adjourn. (mm)