HomeMy WebLinkAboutNovember 11, 2008 Regular Session BackupTown of Trophy Club
Municipal Utility District No.1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Tuesday, November 11, 2008
5:30 P.M.
A.1 Call to Order and Announce a Quorum.
A.2 Public Comments or Presentations.
A.3 Receive Finance Director's Report
a. Audit
b. Tarrant Appraisal District appraised value research
A.4 Review and Approve Disbursements and Variance Report
a. September 2008
B.1 Discuss and take appropriate action regarding establishing a policy for MUD 1
reserves. (Director Twomey)
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. Pages 9 ‐ 25
B.3 Discussion and take appropriate action regarding establishing a Disaster Plan.
Pages 26 ‐ 27
B.4 Discuss and take appropriate action concerning possible amendment of the
existing New Intergovernmental Contract for Employee Services. Pages 28 ‐ 37
B.5 Discuss and take appropriate action concerning the new Fire Station.
B.6 Discuss and take appropriate action regarding recent update by Lewis McLain of
CityBase.Net regarding Town-MUD Study.
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. Page 40
C.1 Receive District Manager's Report
a. Item(s) for Future Agenda
D.1 Review and Approve Minutes
a. October 7, 2008 - Regular Session minutes - Pages 43 ‐ 47
D.2 Review Monthly Tax Collection Report
a. September 2008 - Pages 49
D.3 Set Next Meeting Date - Pages 51
Next regularly scheduled meeting date: Tuesday, December 9, 2008, 6:00 p.m.
D.4 Items for Future Agendas - Pages 53
F.1 Adjourn.
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.A.1
Call to Order and Announce a Quorum.
(mm)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.A.2
Public Comments or Presentations.
(mm)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.A.3
Receive Finance Director's Report
a. Audit
b. Tarrant Appraisal District appraised value research
EXPLANATION:
Verbal Update
(sg)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.A.4
Review and Approve Disbursements and Variance Report
a. September 2008
EXPLANATION:
RECOMMENDATION:
ACTION BY MUD1:
(sg)
Attachments: 1. September’s Variance Report
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.B.1
Discuss and take appropriate action regarding establishing a policy for MUD 1
reserves. (Director Twomey)
EXPLANATION:
Requested by Director Twomey at the August 12 MUD 1 meeting.
RECOMMENDATION:
ACTION BY MUD1:
(nt)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.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.
EXPLANATION:
Note: MUD 2 took no action on this ILA at their November 5th meeting. They did
however agree to remove Paragraph 3.01B.5 (regarding “Rent” to be paid to MUD1 and
MUD2 on a 50/50 basis), as it was determined to be redundant and asked the Town
Manager, who was present, to review the changes and advise the Board.
Council passed the attached ILA for Fire Protection Services at their October 20th
meeting.
Comments from Jim Hase:
Confirming a meeting on October 15, 2008, with conferees Jim Budarf, Nick Sanders,
Brandon Emmons, Jim Moss, Jim Hase and Robert Scott. The conferees reached an
agreement on the basic content of the “2008 Interlocal Cooperation Agreement For Fire
Protection.” The conferees reached agreement on substitute language for Paragraph
3.01A, next to last sentence:
Previous version: “The budget shall be presented to the Town Council for input and
consideration prior to final approval by the Master District.”
Revised version: “The Town Manager may present the fire budget to the Town
Council and forward any input to the Master District for final approval.”
As you will note, the Revised version did not make it into contract because of a mix-up
in instructions to the typist. Brandon would prefer not to make any changes to attached
contract at this time because Town Council has already approved it. He suggests an
amendment to the contract at a later date (February, or thereabouts). My question to
both of you is “does the word consideration in the version that made it into the attached
contract present any problems to the Master District from a legal standpoint”?
For your information, the conferees also agreed that the “Rent Expense” accounting
procedure for the Fire Department is acceptable to all parties to the contract.
Consequently, we would also like to see an addition to the contract as new Paragraph
3.01B4 as follows: The Fire Department Rent Expense shall be paid to MUD 1 and
MUD 2 on a 50/50 basis (per existing accounting procedures).”
Comments from Bob West (Saturday, Nov. 1)
1. The revisions agreed upon by the conferees for Paragraph 3.01.A, next to last
sentence (regarding Town’s input on annual budget), and in Paragraph
3.01B.5 (regarding “Rent” to be paid to MUD1 and MUD2 on a 50/50 basis)
are both fine with me.
2. I don’t understand the concern about why these revisions should not be made
now or within the next month or two by the Town Council. This Agreement
does not take effect until January 1, 2009, and the Town Council should be
having several meetings before that effective date at which it could consider
and approved these revisions. My preference would be for the MUDs to
approve the Agreement as revised and then let the Town also approve the
revised version of the Agreement before the 1/1/09 effective date. But using
the word “consideration” in the Agreement even before the most recent
revisions does not particularly both me, but I do prefer the language as it has
been revised by the conferees.
3. Since the Agreement will need to be approved by both MUD1 and MUD2 as
the signing parties, I suggest that you also forward this to Pam Liston for
review and comment if you have not already done so.
RECOMMENDATION:
(rs/be)
Attachments: 1. Town’s Adopted ILA for Fire Protection Services
2. MUD’s proposed ILA for Fire Protection Services
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 is a duly organized political subdivision 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, MUDs1 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
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 one (1) year ending on January 1, 2010. 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.
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 budget shall be
presented to the Town Council for input and consideration prior to final approval by
the Master District.
Formatted
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 thru 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 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.
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 Entities.
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
Deleted: 0
Deleted: will be
Deleted:
Deleted:
successive year in which this Agreement is in effect. Payments will become past due
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.
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.
EXECUTED in triplicate originals this, the 20th day of October, 2008.
TOWN OF TROPHY CLUB, TEXAS
By____________________________
C. Nick Sanders, Mayor
ATTEST:
______________________________
Town Secretary
APPROVED AS TO FORM:
______________________________
Town Attorney
Deleted:
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
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
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, MUDs1 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:
Deleted: is
Deleted: a
I.
Incorporation / Term
1.03 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.04 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 one (1) year ending on January 1, 2010. 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.
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: Bullets and Numbering
Formatted: Bullets and Numbering
Deleted: Section Break (Next Page)
Deleted: The budget shall be
presented to the Town Council for
input and consideration prior to final
approval by the Master District.
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 thru 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 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 Entities.
5) The Fire Department Rent Expense shall be paid to MUD 1 and MUD 2 on a
50/50 basis (per existing accounting procedures.)
Formatted: Indent: Left: 54 pt
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Formatted: Indent: Left: 36 pt,
Hanging: 18 pt
Formatted: Font color: Auto
Deleted: 0
Deleted: ¶
Deleted: will be
Deleted:
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
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.
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.
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
Deleted:
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
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
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.B.3
Discussion and take appropriate action regarding establishing a Disaster Plan.
EXPLANATION:
Due to Hurricane Ike, several state legislators from the general Houston area and the TCEQ are
considering changes that would require water and sewer providers to have disaster plans and
emergency sources of reliable electrical power to keep the plants operating.
There was a legislative hearing in Austin on October 8, 2008, on the failure of certain Districts to
continue to operate after the hurricane, according to AWBD Advisory Member Attorney Joe B.
Allen, Allen Boone Humphries Robinson, LLP, who attended the hearings. Attorney Joe B. Allen
informed the AWBD Board that he had surveyed the MUD operators in the Houston area
regarding the hurricane’s aftermath.
The following is a summary of the information Attorney Allen collected from the Districts that
responded:
Water Statistics
• 287 Districts operate water plants and 242 (84.32%) have electric generators.
• 276 lost electrical power or 97.84%.
• Of those with generators, 56 failed or 23.14%.
• 86 Districts lost water pressure
Sewer Statistics
• 191 Districts = 2 0perate Waste Water Treatment Plants (WWTP) and 115 (60.2%) of
those have generators.
• 304 Districts operate lift stations (LS) and 148 (48.7%) have generators.
• Of the Districts operating WWTP or LS, 300 of the 304 lost electric power.
• 18 generators failed.
• 46 Districts discharged raw sewage into waterways.
• 67 Districts discharged raw sewage into streets.
In many instances, the diesel fuel suppliers did not honor their contracts and refused to deliver
fuel to the Districts.
The State and local emergency responders did not have contact numbers for the Districts.
A number of generators failed even after being tested a week before the hurricane arrived.
The AWBD has formed a committee to prepare recommendations for District disaster plans
for the TCEQ and the appropriate legislative committees. Neil Twomey has volunteered to be
on the AWBD committee and will keep you informed.
Additionally, Director Carr requested Staff research possibility of any available grant(s) to assist
in purchase of generators in the event of a disaster.
Director White suggests we work on assembling our disaster plan, where staff and directors can
easily access the Plan, to include making sure the MUDs are on the “priority” list for getting fuel
and electricity.
RECOMMENDATION:
Discussion and possible action.
(nt/bw/kc/cw)
Attachments: 1. None
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.B.4
Discuss and take appropriate action concerning possible amendment of the existing
New Intergovernmental Contract for Employee Services.
EXPLANATION:
For discussion prior to Master District meeting.
RECOMMENDATION:
ACTION BY MUD1:
(dh)
Attachments: 1. Existing ILA for Employee Services (2005)
NEW INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES
This New Intergovernmental Contract for Employee Services (the "Contract") is
between the following parties:
Trophy Club Master District (the "Master District")
100 Municipal Drive
Trophy Club, Texas 76262
and
The Town of Trophy Club, Texas (the "Town")
100 Municipal Drive
Trophy Club, Texas 76262
WHEREAS, the Master District is an administrative agency and joint operating
board established by Trophy Club Municipal Utility District No. 1 ("MUD1") and Trophy
Club Municipal Utility District No. 2 ("MUD2") under a written agreement entitled NEW
MASTER DISTRICT CONTRACT dated and effective as of October 4, 2000, as
amended. Each of MUDl and MUD2 is a Municipal Utility District created and operating
under the provisions of Article XVI, Section 59, of the Texas Constitution, and the
general laws of the State of Texas including, particularly, Chapter 54 and 49 of the
Texas Water Code, as amended. The Master District is structured and operates as a
separate entity joint venture, with MUDl and MUD2 being the equal controlling owners
of the joint venture. This Contract is signed by the Master District in its capacity as the
operator of common water and wastewater facilities in the Trophy Club and Solana-
Westlake projects.
WHEREAS, the Town is a home-rule municipal corporation duly organized and
operating pursuant to the Constitution and laws of the State of Texas and its home rule
charter.
WHEREAS, the Master District and the Town each perform certain governmental
services or functions within their respective jurisdiction. Prior to October 1, 1998, the
MUD1 (in its capacity as the "Master District" at that time for itself and MUD2) and the
Town each had their own employees to perform various services and functions. By a
written agreement dated and effective as of October 1, 1998, entitled
INTERGOVERNMENTAL CONTRACT FOR EMPLOYEE SERVICES (the "1998
CONTRACT FOR EMPLOYEE SERVICES"), MUDl (in its capacity as the "Master
District" at that time for itself and MUD1) and the Town agreed that all employees of
MUDl became employees of the Town subject to the personnel policies of the Town and
included on the payroll of the Town so that employment salaries, benefits, and
personnel policies of both MUDl and the Town could be administered more efficiently,
effectively, and economically. With the execution of the 1998 CONTRACT FOR
EMPLOYEE SERVICES, the Town (through its employees including those personnel
who formerly were employees of MUD1) began performing services that previously had
been part of MUDl's operations for the benefit of itself and MUD2. This Contract is to
update, modify, and supersede the 1998 CONTRACT FOR EMPLOYEE SERVICES.
WHEREAS, this Contract is executed by the Master District and the Town as an
Intergovernmental or Interlocal contract under Chapter 791 (the Interlocal Cooperation
Act) of the Texas Government Code and is an amendment and renewal of the 1998
CONTRACT FOR EMPLOYEE SERVICES.
WHEREAS, this Contract has been authorized by the governing body of each
party to this Contract. The governing body of each party to this Contract has determined
that the terms and provisions of this Contract are desirable, fair, and advantageous for
that party and therefore the Contract serves a valid public purpose.
WHEREAS, the parties to this Contract believe that their longstanding
contractual and cooperative relationship has benefited both the Town and the Master
District, and their respective taxpayers and customers, because the administration of
employment issues is handled in a more efficient, effective and economical manner,
and governmental services which are the responsibility of each of the respective entities
are performed by a single work force consisting of Town employees. Moreover, while
the Master District and the Town each performs distinct governmental services or
functions within their respective jurisdictions, they also have a community of interest in
performing these services and functions. The Master District and the Town have
determined that this community of interest is best served by continuing their cooperative
and intergovernmental contractual relationship with respect to employment services.
WHEREAS, the parties hereby confirm their understanding and intent that all
persons who were employed by MUD1 (in its capacity as the "Master District" at that
time for itself and MUD2) performing work in the operations of the Master District
immediately prior to October 1, 1998, became employees of the Town as of October 1,
1998, for all purposes, with the Town responsible on and after October 1, 1998, for all
salary, benefits, and other compensation of such employees and with such employees
subject to the personnel policies of the Town.
NOW, THEREFORE, for and in consideration of the above and foregoing
premises, the benefits flowing to each of the parties hereto, and other good and
valuable consideration, the Town of Trophy Club, Texas and the Trophy Club Master
District do hereby contract and agree as follows:
I.
Term
This Contract shall become effective upon approval by both of the respective governing
bodies of Town and Master District and upon execution by their respective authorized
representatives. The Contract shall continue in effect until October 1, 2006. Either party
may terminate this Contract as provided herein.
II.
Scope of Employment Services
Town shall provide employees to perform services for Master District in accordance with
the terms of this Agreement. The parties understand and agree that on and after the
effective date of this Agreement, all such employees are employees of the Town subject
to the personnel policies of the Town in accordance with the terms of this Agreement.
The parties hereto agree that the attached organizational chart identifies the structure of
the respective operations of the parties and their relationship under this Contract. The
Organizational Chart is attached hereto and incorporated herein as Exhibit A.
III.
Master District Management
Master District retains a Master District Manager to oversee the operations of the
Master District (hereinafter "District Manager"). The District Manager may be an
independent contractor or an employee of the Master District but in neither case is the
District Manager an employee of the Town. This Contract is not intended to make any
change in any separate contract between the Master District and the District Manager
("District Manager Contract"). Whether the District Manager is an independent
contractor or an employee of the Master District, the District Manager shall he
compensated by the Master District and report directly to the Board of Directors of the
Master District. The person designated as the District Manager for the Master District
shall be supervised and directed by the Board of Directors of the Master District.
IV.
Compliance with Town Personnel Policies
Under the terms of the District Manager Contract, where applicable, or under the terms
of the employment of the District Manager, where applicable, the District Manager shall
be either contractually or as a term of employment, whichever applies, required to
comply with the personnel policies and procedures of the Town in fulfilling his
obligations for the management and oversight of Master District operations. The parties
hereto understand and agree that the Town employees shall be subject to the personnel
policies and procedures adopted by the Town.
V.
Master District Standard Operating Procedures
The Master District retains the authority to adopt standard operating procedures
("SOPs") regulating and governing the operational control of Master District assets and
facilities; however, the scope of such standard operating procedures shall relate only to
technical matters governing Master District operations and shall not conflict with the
Town personnel policies and procedures. Prior to the issuance of any standard
operating procedures, such SOPs shall be submitted to the Human Resources Manager
or equivalent position for review and to allow such person to identify any inconsistencies
or conflict between the proposed SOPs and the Town personnel policies. The Town
shall provide written notice to the District Manager of any such conflict between the
SOPs and the Town policies and of any matters that the Town determines to regulate
matters other than those operational matters for which SOPs are allowed under this
Contract. In the event of a conflict, the parties agree to meet and discuss the identified
conflict and to use reasonable efforts to resolve the conflict in order to meet the needs
of both the Master District and the Town.
As used in this Contract the terms "operation(s)," "operational," "operational functions,"
or "operational standards" shall mean those technical functions performed by Town
employees for the Master District which are governed or regulated by a state or federal
regulatory agency, regulatory standards or permit standards, or other applicable local,
state, or federal law or which are regulated by an SOP of the Master District pursuant to
this Contract.
VI.
Compliance wit11 Standard Operating Procedures of the Master District
Subject to the requirements set forth in Paragraph V above, while this Contract is in
effect, the Town agrees that all employees providing services to the Master District shall
follow the Master District's SOPs governing the operational aspects of Master District
assets and facilities.
VII.
Approved Positions and Funding
Each year, as part of the approval of the respective budgets of tile parties, the governing
body for each of the parties approves a listing of funded positions or an organizational
chart showing all funded employee positions. The approved budgets contain detailed
information regarding the amount of money that each of the parties hereto contributes
toward the expenses of funding employee positions. The Town and the Master District
agree hereunder that the positions and payment approved in their respective budgetary
processes shall comply with the terms of this Contract and shall serve as partial
consideration for the services provided under this Contract.
VIII.
Compensation
As compensation for the services provided or to be provided to the Master District by
the Town under this Contract, upon the Town presenting a detailed listing of all incurred
expenses the Master District agrees to pay to the Town at least monthly an amount
equal to the actual costs incurred by the Town for salary, benefits, and other
compensation of the Town employees providing services to the Master District, subject
to Paragraph VII of this Contract. The term "actual costs" as used in this Contract
means those costs that the Town incurs over and above the cost that the Town would
incur if it were not providing personnel to perform services for the Master District
operations. Whenever practical to do so, the Town shall have costs (other than
employee costs) associated with Master District functions charged directly to the Master
District, including but not limited to training expenses, travel, supplies, administrative
and other miscellaneous costs not directly attributable to salary benefits and other
compensation. As further consideration for the services of Town employees, Master
District agrees that the use of all equipment owned by or leased to Master District may
be used by licensed and/or qualified Town employees in the performance of services for
Master District pursuant to this Agreement.
IX.
Policies and Decisions
This Contract is intended to provide for the furnishing of employment services by the
Town to the Master District in the Town's capacity as an independent contractor. The
Master District retains all right, power, and control that it has by law and by the New
Master District Contract to set policies and to make decisions regarding the services
provided by Town employees in the performance of operational functions for the Master
District and the operation of Master District assets and facilities.
Master District shall have the right, for good cause upon the violation of operational
standards, or for violations of SOPS, as allowed by the Town's personnel policies, to
require that a particular Town employee be removed from performing services in the
operations of the Master District, provided however, that the removal of an employee
shall not be required until such employee has been disciplined in accordance with Town
policies and had an opportunity to avail himself of any and all appeals allowed under the
Town's personnel policies and procedures.
As new or additional employees are needed to perform services for the Master District,
the Town shall follow Town personnel policies and procedures in the selection of those
employees. Prior to the hiring of any employee to perform services for the Master
District, the Town shall request from the Master District, or its designee, the approval of
the selection, compensation, benefits, and job description of each such employee. The
Town agrees to follow the Master District's recommendations for selection,
compensation, benefits, and job description of each employee performing services for
the Master District. In the event of a conflict under this paragraph, the parties agree to
meet and discuss the identified conflict and to use reasonable efforts to resolve the
conflict in order to meet the needs of both the Master District and the Town. The Master
District shall not be required to fund any decision that it has not approved regarding an
employee performing services for the Master District. Decisions by the Master District
under this Contract shall be made by the Board of Directors of the Master District or by
its designated officer(s) or agents. All Town employees performing services in the
operations of the Master District shall be supervised and directed by persons approved
by the District Manager.
Nothing in this Contract shall be interpreted as an abdication by the Master District or
MUD1 and MUD2 as the joint venture partners in the Master District of their
governmental rights, powers, and duties with regard to services provided by the Master
District.
X.
Discipline
The parties agree that the Town's standard personnel policies and disciplinary
procedures shall apply to all Town employees performing services in the operations of
the Master District.
Employees are divided by reason of their duties into two groups:
Those whose services are shared by the Town and the Master District, and those
whose services are employed one-hundred percent (100%) by the Master District.
As to the employees in the latter group, the following provision(s) shall apply:
In all cases in which the established facts show a clear violation of the Personnel
Manual, its provisions shall apply to the latter group and shall be administered by the
Town Manager alone as provided in said Manual.
In cases where the alleged violation of the Personnel Manual is not clearly
defined by the facts and in all cases involving an alleged violation of the SOPs of the
Master District, the input of the District Manager shall be a prerequisite to the
disciplinary measure to be taken for said violation. Should the input of the District
Manager result in a conflict with the measure proposed by the Town Manager, then the
conflict shall be resolved by referral of the matter to the Human Resources Manager or
Master District Chairman jointly for final disposition.
XI.
Liability; Insurance: Indemnification
The Town shall be responsible for the acts, negligence, and omissions of its employees
performing services in the operations of the Master District, unless the acts or omissions
were pursuant to operational standards or SOPs of the Master District or District
Manager or actions or omissions performed pursuant to or under the direction,
supervision, or instruction of the Master District or the District Manager. If the acts or
omissions were pursuant to operational standards or SOPs of the Master District or
District Manager, or the acts or omissions were performed pursuant to or under the
direction, supervision, or instruction of the Master District or the District Manager, the
Master District shall assume liability for the acts, negligence or omissions of Town
employees.
The parties to this Contract shall each individually obtain insurance, with coverages as
mutually agreed upon, that the parties determine will insure themselves individually and
collectively from liabilities related to and arising out or this Contract and fulfill the
indemnity obligations of each party, to the extent allowed by law, under this Contract.
Such insurance shall insure against liability arising out of or related to the work
performed by Town employees under this Contract, with both parties named as
additional insured under such insurance policies.
To the extent allowed by law, both Town and Master District agree to defend, indemnify
and hold each other harmless from their respective negligence or intentional conduct
arising out of or related to this Contract and resulting in harm to them individually or to a
third party, including without limitation property damage to the parties hereto or to a third
party. The indemnity extends to all costs and expenses incurred, including reasonable
attorney's fees, to defend against, settle or pay the claim asserted by another. In the
event a claim is made by another against either the Town or the Master District, written
notice of the claim shall immediately be given to the other party, in order that the other
party may determine whether its indemnity duty must be performed and in order to allow
the indemnitor to perform indemnity. If any part of the foregoing indemnity shall be
deemed or determined unenforceable or contrary to public policy by a court of
competent jurisdiction, then each party shall contribute to any judgment according to its
percentage of fault.
Neither Town nor Master District waive any immunity or defense that would otherwise
be available to it against claims arising from the exercise of governmental powers and
functions and nothing in this Agreement shall be deemed a waiver of the governmental,
sovereign, or official immunity afforded by law to either Town or Master District.
XII.
Further Cooperation
The parties to this Contract agree to cooperate to sign and deliver any other documents
that may be necessary or appropriate to implement the provisions of this Contract. In
the event of a conflict under this Contract, the parties agree to meet and discuss the
identified conflict and to use reasonable efforts to resolve the conflict in order to meet
the needs of both the Master District and the Town.
XIII.
Termination
This Contract may be terminated by either party at any time upon thirty (30) days written
notice to the other party.
XIV.
Execution and Date
This Contract is signed by the parties in multiple counterparts. This Contract is dated
and shall be effective for all purposes as of October 1, 2005.
TROPHY CLUB MASTER DISTRICT TOWN OF TROPHY CLUB, TEXAS
By: ___________________ By: ___________________________
Kevin Carr, Chair C. Nick Sanders, Mayor
Attest: Attest:
By: _______________________ By: ___________________________
Secretary, Board of Directors Town Secretary
Approved as to form: Approved as to form:
______________________________ _______________________________
Robert G. West, Attorney Patricia A. Adams, Town Attorney
Trophy Club Master District Town of Trophy Club, Texas
______________________________
Pamela Liston, Attorney
Trophy Club Master District
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.B.5
Discuss and take appropriate action concerning the new Fire Station.
EXPLANATION:
RECOMMENDATION:
ACTION BY MUD1:
Attachments: 1. None
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.B.6
Discuss and take appropriate action regarding recent update by Lewis McLain of
CityBase.Net regarding Town-MUD Study.
EXPLANATION:
For discussion only prior to Master District meeting.
(dh)
Attachments: 1. None
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.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.
EXPLANATION:
Council and Directors:
On November 4, 2008, Lewis McLain met with representatives from MUD 1, MUD 2,
Town Council, and several key staff members. He reported his findings and
conclusions to date. Mr. McLain will make a formal presentation to the
respective boards at one joint workshop, preferably on November 17 prior to
the Town Council meeting. The representatives agreed to not discuss today’s
meeting until the joint meeting is held. This will allow Mr. McLain the
ability to effectively and accurately present his conclusions and comments to
everyone without the chance of miscommunication or misrepresentation.
Thank you for your cooperation in this matter and your service to our
community. If you have any questions, please feel free to contact me.
Brandon S. Emmons
Town Manager
Town of Trophy Club
100 Municipal Drive
Trophy Club, TX 76262
(682)831-4607
RECOMMENDATION:
ACTION BY MUD1:
(dh/nt)
Attachments: 1. None
INFORMATION MEMORANDUM
To:
From:
Date:
Subject:
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.C.1
Receive District Manager's Report
a. Item(s) for Future Agenda
(mm)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.D.1
Review and Approve Minutes
a. October 7, 2008 - Regular Session minutes
EXPLANATION:
(mm)
Attachments: 1. October 7, 2008 Minutes
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
October 7, 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, October 7, 2008, at 6:00 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 Arrived at 6:05 p.m.
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
DIRECTORS ABSENT:
Gary Cantrell Vice President
STAFF AND GUESTS PRESENT:
Walter Fitzpatrick District Manager
Danny Thomas Fire Chief
Sakura Dedrick Finance Director
Mary Moore Recording Secretary
Bob West Attorney
Brandon Emmons Town Manager
Jim Moss Councilmember
REGULAR SESSION
A.1 Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 6:00 p.m.
A.2 Public Comments or Presentations.
No public comments.
B.1 Discuss and take appropriate action concerning a Resolution authorizing
application to the Texas Commission on Environmental Quality for
approval of project and bonds.
Fire Chief Thomas updated the Board regarding the status of the paperwork to TCEQ
for approval of the project and bonds.
District Manager Fitzpatrick advised that TCEQ requires adoption of this resolution
authorizing submission of the application for the Project and Bonds.
Director Twomey requested the Board see the final application prior to submission to
TCEQ and Staff agreed.
Director Henry moved to approve Resolution 2008-1007, authorizing application to
TCEQ for approval of Fire Department Project and Bonds. Director Twomey seconded
the motion. Floor opened for discussion. Motion passed unanimously.
Director White arrived at 6:05 p.m.
B.2 Discuss and take appropriate action concerning Order 2008-1007, the 2008-
09 Rate Order.
Finance Director Dedrick distributed a scenario to the Board of the current waters rates
as well as the rates with 2.7% increase in water and wastewater amounts for residential
and commercial accounts, as requested by Director Hase at the September Master
District meeting.
Director Twomey moved to approve Order 2008-1007, adopting the 2008-09 Rate Order
for MUD 1. Director Hase seconded the motion. Motion passed unanimously.
B.3 Discuss and take appropriate action concerning Succession Committee
report. (Fitzpatrick)
District Manager Fitzpatrick clarified as to what was to transpire at the Master District
meeting with regard to the Succession Committee findings.
Discussion only; no action taken.
B.4 Discuss and take appropriate action concerning amendments to the
Interlocal Agreement with Town of Trophy Club for Fire Protection
Services.
Director Hase distributed suggestions to the Board regarding Town’s modified version of
this ILA and discussed same.
President Henry suggested that District Manager Fitzpatrick, Director Hase and Town
Manager Emmons work together to reach an agreement.
Director Hase stated he is reluctant to take any action until MUD 2 has had an
opportunity to review the Town-amended ILA.
District Manager Fitzpatrick agreed with Director Hase.
Town Manager Emmons advised that Council has directed him to have this ILA reflect
that any surplus funds at the end of the year should be distributed proportionately
between each entity.
Director Hase advised that MUDs 1 and 2 will roll their surplus into the debt.
Director Twomey asked why the change in terms of fiscal year to calendar year.
Town Manager Emmons felt it was more appropriate to pay a lump sum payment when
payment is due, which is the end of January.
Town Manager Emmons advised that Council wants to be part of the Fire Department
budget due to the increase in the MUD 1 fire tax rate. As buildout is completed in the
PID, the PID will be contributing up to one-third of the payment/service of the Fire
Department.
Director White advised that the reason the fire tax rate increased was due to the
agreement from meetings and previous conversations where the methodology came up
to discuss how to deal with paying back the fire station, working up alternatives, and the
alternative of “rent” was what we came up with that “everyone” agreed with, and by
doing this, it increased the MUD 1 fire tax rate.
Discussion held with no action taken.
B.5 Discuss and take appropriate action regarding a Resolution to amend the
Trophy Club Municipal Utility District No. 1 budget for fiscal year October 1,
2007 through September 30, 2008.
Finance Director Dedrick advised that by amending the budget we will be more inline
where we believe we will end up at the end of the year. Finance Director Dedrick
advised it is best not to go over expenses and asked for the Board’s approval of this
resolution.
President Henry moved to approve Resolution 2008-1007-A, amending the MUD 1
budget for fiscal year 2007-08. Director Twomey seconded the motion. Motion passed
unanimously.
C.1 Receive District Manager's Report
a. Item(s) for future agenda
District Manager Fitzpatrick had nothing to report.
C.2 Receive Finance Director's Report
a. Audit
Finance Director Dedrick updated the Board regarding the Audit. There is a pre-audit
meeting with Directors Twomey, Hase, Kohs, and Borges scheduled for October 15 for
a brief overview of the audit schedule. She advised she will send out email updates
every two weeks.
D.1 Review and Approve Minutes
a. September 9, 2008 – Regular Session
Director Henry moved to approve the minutes for September 9, 2008. Director White
seconded the motion. Motion carried unanimously.
D.2 Review and Approve Disbursements and Variance Report
a. August 2008
Director White moved to approve the Disbursements and Variance Report for August
2008, as presented. Director Twomey seconded the motion. Motion carried
unanimously.
D.3 Review Monthly Tax Collection Report
a. August 2008
Board reviewed the August Tax Collection Report with no action taken.
D.4 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, November 11, 2008, 6:00 p.m.
The Board agreed to meet on Tuesday, November 11, 2008, 6:00 p.m.
D.5 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 6:57 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
Mary Moore, Recording Secretary
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.D.2
Review Monthly Tax Collection Report
a. September 2008
EXPLANATION:
(mm)
Attachments: 1. September 08 Tax Collection Report
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.D.3
Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, December 9, 2008, 6:00
p.m.
EXPLANATION:
(mm)
Attachments: 1. Calendar
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.D.4
Items for Future Agendas
EXPLANATION:
1. Request further review of McLain's study relating to organizational costs for MUD 1.
(Director Twomey)
2. 2008 Certified Appraisal Analysis (Finance)
RECOMMENDATION:
ACTION BY MUD1:
(mm)
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 11-11-2008
Subject: Agenda Item No.F.1
Adjourn.
(mm)