HomeMy WebLinkAboutApril 14,2009 RegularSession with MUD2 PacketTrophy Club Municipal Utility District
No. 1
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, TX 76262
Svore Municipal Building Boardroom5:00 PMTuesday, April 14, 2009
REGULAR MEETING
Call to order and announce a quorum.
Citizen Comment(s) and/or Presentation(s)
REGULAR SESSION
1. 09-52-M1 Discuss and take appropriate action regarding TexPool Bank Resolution,
amending Authorized Representatives on signature accounts.
TexPoolResolution - Signatures-M1.pdfAttachments:
2. 09-53-M1 Discuss and take appropriate action regarding First Financial Bank Resolution,
amending Authorized Representatives on signature accounts.
1stFinancialBankRes-M1.pdfAttachments:
3. 09-46-M1 Discuss and take appropriate action regarding Amendment to the Information
Form required by Section 49.455 of the Texas Water Code.
4. 09-45-M1 Discuss and take appropriate action concerning Payment Agreement and
related promissory notes between Trophy Club MUD 1 and Trophy Club MUD
2 addressing funding for New Fire Station.
MUD2 Note 200k March0409.pdf
MUD2 Note 86250March0409.pdf
MUD2 Note 154k March0409.pdf
MUD2 Note-Furniture030409.pdf
Attachments:
5. 09-57-M1 Discuss and take appropriate action concerning the bond issue for the New
Fire Station.
Timetable_Comp Sale.pdfAttachments:
6. 09-59-M1 Discuss and take appropriate action concerning MUD 1’s financial situation.
TCMUD 1 Page 1 of 55 Meeting Date: March 4, 2009
April 14, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
7. 09-60-M1 Discuss and take appropriate action concerning the Town's plan to absorb
MUD 2.
Town Plan for Dissolution of MUD 2.pdfAttachments:
8. 09-50-M1 Discuss and take appropriate action to authorize the publication and
distribution of factual information to residents relative to the election and/or
consolidation to include the possibility of a Trophy Club MUD website.
9. 09-54-M1 Discuss and take action to schedule MUD 1 Town Hall meeting(s).
10. 09-55-M1 Discuss and take appropriate action regarding possible effects on other
contracts if the Master District is terminated.
11. 09-37-M1 Receive Finance Director's Report
a. Monthly Update
12. 09-28-M1 Receive Town of Trophy Club Update
a. Director White to provide update from attending recent Town Council
meetings.
13. 09-29-M1 Receive Town of Westlake Update
a. Director Cantrell to provide Board with an update from meetings held with
Town of Westlake.
14. 09-47-M1 Review and Approve Minutes
a. March 4, 2009 - Regular Session
M1 Minutes 030409.pdfAttachments:
15. 09-48-M1 Review and Approve Disbursements & Variance Report
a. February 2009
M1 Feb-09 Variance Report.pdfAttachments:
16. 09-56-M1 Review Monthly Tax Collection Report
a. February 2009
M1 TaxCollectionReport Feb09.pdfAttachments:
17. 09-61-M1 Items for Future Agendas
a. Research ramifications should Town take over MUD 2. (12/08)
b. Clarification of assets for 2008-2009 fiscal year audit. (Joint meeting with
MUD 2)
c. Amendment of New Intergovernmental Contract for Employee Services.
(per Attorney West 3/24/09)
TCMUD 1 Page 2 of 55 Meeting Date: March 4, 2009
April 14, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
18. 09-62-M1 Set Next Meeting Date
a. Tuesday, May 12, 2009, 5:00 p.m.
May Calendar.pdfAttachments:
CONVENE INTO CLOSED SESSION
*CLOSED SESSION
Pursuant to Section 551.071 (a) & (b) of the Texas Government Code regarding
consultations with attorney, to conduct a private consultation with the district's attorney
on a matter in which the duty of the attorney to the governmental body under the Texas
disciplinary rules of professional conduct of the State Bar of Texas clearly conflicts with
the Open Meetings Act regarding the following:
A. Receive legal advice regarding Election and Ballot Issues.
B. Receive legal advice regarding the bond issue.
RECONVENE INTO REGULAR SESSION
19. 09-51-M1 Discuss and take appropriate action relative to discussions held during Closed
Session.
a. Election and Ballot Issues
b. Pending and/or Contemplated Litigation
c. Bond issue
Adjourn
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
* THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT
ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF
ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE
MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE.
TCMUD 1 Page 3 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-52-M1
File ID: Type: Status: 09-52-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/25/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding TexPool Bank Resolution,
amending Authorized Representatives on signature accounts.
Notes: With the hiring of our new Finance Director comes the necessity to update signatures on the
TexPool account.
Sponsors: Enactment Date:
TexPoolResolution - Signatures-M1.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-52-M1
Discuss and take appropriate action regarding TexPool Bank Resolution, amending Authorized
Representatives on signature accounts.
TCMUD 1 Page 4 of 55 Meeting Date: March 4, 2009
TCMUD 1 Page 5 of 55 Meeting Date: March 4, 2009
TCMUD 1 Page 6 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-53-M1
File ID: Type: Status: 09-53-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/25/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding First Financial Bank Resolution,
amending Authorized Representatives on signature accounts.
Notes: With the hiring of our new Finance Director comes the necessity to update signatures on the
Firs Financial bank account.
Sponsors: Enactment Date:
1stFinancialBankRes-M1.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-53-M1
Discuss and take appropriate action regarding First Financial Bank Resolution, amending Authorized
Representatives on signature accounts.
TCMUD 1 Page 7 of 55 Meeting Date: March 4, 2009
TCMUD 1 Page 8 of 55 Meeting Date: March 4, 2009
TCMUD 1 Page 9 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-46-M1
File ID: Type: Status: 09-46-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding Amendment to the Information
Form required by Section 49.455 of the Texas Water Code.
Notes: Tabled from March 4th meeting to verify/correct Bond numbers. The purpose for this
AMENDMENT is to comply with Section 49.455 of the Texas Water Code. When
information about the District changes from whatever has been previously filed, such
as the tax rate, an Amendment is required. Since the tax rate changed in MUD1 in
September, there is a need to file an AMENDMENT.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-46-M1
Discuss and take appropriate action regarding Amendment to the Information Form required by
Section 49.455 of the Texas Water Code.
TCMUD 1 Page 10 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-45-M1
File ID: Type: Status: 09-45-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning Payment Agreement and related
promissory notes between Trophy Club MUD 1 and Trophy Club MUD 2
addressing funding for New Fire Station.
Notes: Tabled from March 4th, 2009 mtg. Both MUD 2 and Master District have approved
unanimously.
Sponsors: Enactment Date:
MUD2 Note 200k March0409.pdf ,MUD2 Note
86250March0409.pdf ,MUD2 Note 154k
March0409.pdf ,MUD2 Note-Furniture030409.pdf
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-45-M1
Discuss and take appropriate action concerning Payment Agreement and related promissory notes
between Trophy Club MUD 1 and Trophy Club MUD 2 addressing funding for New Fire Station.
TCMUD 1 Page 11 of 55 Meeting Date: March 4, 2009
1
DRAFT AS OF 3/4/2009; SUBJECT TO ADJUSTMENT BASED ON FINAL ISSUE TERMS OF MUD1
BOND ISSUE AND ACTUAL COST OF CONSTRUCTING NEW MASTER DISTRICT FIRE STATION
UNSECURED NOTE
Date: March 4, 2009
Maker: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
Maker's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Payee: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
Place for Payment (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Principal
Amount: TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00)
Annual Interest Rate on Unpaid Principal Balance from Date of Funding: Five Percent (5%)
Maturity Date: Twenty (20) years after the date of funding
Annual Interest Rate on Matured Unpaid Amounts: Eighteen Percent (18%)
Terms of Payment (principal and interest):
The principal and accrued interest is payable in twenty (20) equal annual installments of
$16,048.52 each over the twenty (20) year term of this note, with the first installment to be paid
one year after the transfer to funds to Maker and the subsequent installments to be paid on the
same day of each year thereafter until the balance is paid in full. Maker may prepay all or any
part of the principal of this note before maturity without penalty, and interest shall immediately
cease to accrue on any amount so prepaid.
Maker promises to pay to the order of Payee at the place for payment and according to the terms
of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due
by the final scheduled payment date.
TCMUD 1 Page 12 of 55 Meeting Date: March 4, 2009
2
If Maker defaults in the payment of this note, and the default continues after Payee gives Maker
notice of the default and the time within which it must be cured, as may be required by law or by written
agreement, then Payee may declare the unpaid principal balance and earned interest on this note
immediately due. Maker and each surety, endorser, and guarantor waive all demands for payment,
presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity,
protests, and notices of protest, to the extent permitted by law.
If this note is given to an attorney for collection, or if suit is brought for collection, or if it is
collected through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs
of collection, including reasonable attorney's fees and court costs, in addition to other amounts due.
Reasonable attorney's fees shall be 10% of all amounts due unless either party pleads otherwise.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious
interest that may be contracted for, taken, reserved, charged, or received under law; any interest in
excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the
debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in
this and all other instruments concerning the debts.
When the context requires, singular nouns and pronouns include the plural.
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By: _______________________________________
JAMES BUDARF
President of the Board of Directors
ATTEST:
___________________________________________
JAMES THOMAS
Secretary of the Board of Directors
PREPARED IN THE OFFICE OF:
Robert G. West, as attorney for TCMUD1
Whitaker, Chalk, Swindle & Sawyer, LLP
301 Commerce Street, Suite 3500
Fort Worth, TX 76102
(817) 878-0511 FAX (817) 335-6935
R:\Stor\RGW\MUD\FIREDEPT\MUD2 Note 200,000.doc
TCMUD 1 Page 13 of 55 Meeting Date: March 4, 2009
1
UNSECURED NOTE
Date: March 4, 2009
Maker: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
Maker's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Payee: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
Place for Payment (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Principal
Amount: EIGHTY-SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS
($86,250.00)
Annual Interest Rate on Unpaid Principal Balance from Date of Funding: Five Percent (5%)
Maturity Date: Five (5) years after the date of funding
Annual Interest Rate on Matured Unpaid Amounts: Eighteen Percent (18%)
Terms of Payment (principal and interest):
The principal and accrued interest is payable in five (5) equal annual installments of $19,921.58
each over the five year term of this note, with the first installment to be paid one year after the
transfer to funds to Maker and the subsequent installments to be paid on the same day of each
year thereafter until the balance is paid in full. Maker may prepay all or any part of the principal
of this note before maturity without penalty, and interest shall immediately cease to accrue on
any amount so prepaid.
Maker promises to pay to the order of Payee at the place for payment and according to the terms
of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due
by the final scheduled payment date.
TCMUD 1 Page 14 of 55 Meeting Date: March 4, 2009
2
If Maker defaults in the payment of this note, and the default continues after Payee gives Maker
notice of the default and the time within which it must be cured, as may be required by law or by written
agreement, then Payee may declare the unpaid principal balance and earned interest on this note
immediately due. Maker and each surety, endorser, and guarantor waive all demands for payment,
presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity,
protests, and notices of protest, to the extent permitted by law.
If this note is given to an attorney for collection, or if suit is brought for collection, or if it is
collected through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs
of collection, including reasonable attorney's fees and court costs, in addition to other amounts due.
Reasonable attorney's fees shall be 10% of all amounts due unless either party pleads otherwise.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious
interest that may be contracted for, taken, reserved, charged, or received under law; any interest in
excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the
debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in
this and all other instruments concerning the debts.
When the context requires, singular nouns and pronouns include the plural.
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By: _______________________________________
JAMES BUDARF
President of the Board of Directors
ATTEST:
___________________________________________
JAMES THOMAS
Secretary of the Board of Directors
PREPARED IN THE OFFICE OF:
Robert G. West, as attorney for TCMUD1
Whitaker, Chalk, Swindle & Sawyer, LLP
301 Commerce Street, Suite 3500
Fort Worth, TX 76102
(817) 878-0511 FAX (817) 335-6935
R:\Stor\RGW\MUD\FIREDEPT\MUD2 Note 86,250.doc
TCMUD 1 Page 15 of 55 Meeting Date: March 4, 2009
1
UNSECURED NOTE
Date: March 4, 2009
Maker: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
Maker's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Payee: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
Place for Payment (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Principal
Amount: ONE HUNDRED FIFTY-FOUR THOUSAND AND NO/100 DOLLARS
($154,000.00)
Annual Interest Rate on Unpaid Principal Balance from Date of Funding: Five Percent (5%)
Maturity Date: Five (5) years after the date of funding
Annual Interest Rate on Matured Unpaid Amounts: Eighteen Percent (18%)
Terms of Payment (principal and interest):
The principal and accrued interest is payable in five (5) equal annual installments of $35,570.12
each over the five year term of this note, with the first installment to be paid one year after the
transfer to funds to Maker and the subsequent installments to be paid on the same day of each
year thereafter until the balance is paid in full. Maker may prepay all or any part of the principal
of this note before maturity without penalty, and interest shall immediately cease to accrue on
any amount so prepaid.
Maker promises to pay to the order of Payee at the place for payment and according to the terms
of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due
by the final scheduled payment date.
TCMUD 1 Page 16 of 55 Meeting Date: March 4, 2009
2
If Maker defaults in the payment of this note, and the default continues after Payee gives Maker
notice of the default and the time within which it must be cured, as may be required by law or by written
agreement, then Payee may declare the unpaid principal balance and earned interest on this note
immediately due. Maker and each surety, endorser, and guarantor waive all demands for payment,
presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity,
protests, and notices of protest, to the extent permitted by law.
If this note is given to an attorney for collection, or if suit is brought for collection, or if it is
collected through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs
of collection, including reasonable attorney's fees and court costs, in addition to other amounts due.
Reasonable attorney's fees shall be 10% of all amounts due unless either party pleads otherwise.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious
interest that may be contracted for, taken, reserved, charged, or received under law; any interest in
excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the
debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in
this and all other instruments concerning the debts.
When the context requires, singular nouns and pronouns include the plural.
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By: _______________________________________
JAMES BUDARF
President of the Board of Directors
ATTEST:
___________________________________________
JAMES THOMAS
Secretary of the Board of Directors
PREPARED IN THE OFFICE OF:
Robert G. West, as attorney for TCMUD1
Whitaker, Chalk, Swindle & Sawyer, LLP
301 Commerce Street, Suite 3500
Fort Worth, TX 76102
(817) 878-0511 FAX (817) 335-6935
R:\Stor\RGW\MUD\FIREDEPT\MUD2 Note 154,000.doc
TCMUD 1 Page 17 of 55 Meeting Date: March 4, 2009
1
UNSECURED NOTE
Date: March 4, 2009
Maker: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
Maker's Mailing Address (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Payee: TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
Place for Payment (including county):
100 Municipal Drive
Trophy Club, TX 76262
(Denton County)
Principal
Amount: FORTY-TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS
($42,500.00), or one-half (1/2) of the contractual obligation issued by Payee for the
purchase of furniture for the New Master District Fire Station as described in the
Second Amendment to Trophy Club Fire Department Contract dated and effective as
of February 20, 2009, between Maker and Payee (the “Contractual Obligation”),
whichever is less.
Annual Interest Rate on Unpaid Principal Balance from Date of Funding:
Equal to the interest rate on the Contractual Obligation
Maturity Date: Three (3) years after the date of funding of the Contractual Obligation
Annual Interest Rate on Matured Unpaid Amounts: Eighteen Percent (18%)
Terms of Payment (principal and interest):
The principal and accrued interest is payable in installments over a three (3) year period in an
amount equal to exactly one-half (1/2) of the periodic debt payments required to be made by
Payee to the holder of the Contractual Obligation, and the installments to be paid by Maker to
Payee are due on the same date as the payments are due from Payee to the holder of the
Contractual Obligation. The annual debt payments to be made by Payee to the holder of the
Contractual Obligation are estimated to be $31,213 per annum, so the annual debt payments to
TCMUD 1 Page 18 of 55 Meeting Date: March 4, 2009
2
be made by Maker to Payee are estimated to be $15,606.50 per annum. Maker may prepay all or
any part of the principal of this note before maturity without penalty, and interest shall
immediately cease to accrue on any amount so prepaid.
Maker promises to pay to the order of Payee at the place for payment and according to the terms
of payment the principal amount plus interest at the rates stated above. All unpaid amounts shall be due
by the final scheduled payment date.
If Maker defaults in the payment of this note, and the default continues after Payee gives Maker
notice of the default and the time within which it must be cured, as may be required by law or by written
agreement, then Payee may declare the unpaid principal balance and earned interest on this note
immediately due. Maker and each surety, endorser, and guarantor waive all demands for payment,
presentations for payment, notices of intention to accelerate maturity, notices of acceleration of maturity,
protests, and notices of protest, to the extent permitted by law.
If this note is given to an attorney for collection, or if suit is brought for collection, or if it is
collected through probate, bankruptcy, or other judicial proceeding, then Maker shall pay Payee all costs
of collection, including reasonable attorney's fees and court costs, in addition to other amounts due.
Reasonable attorney's fees shall be 10% of all amounts due unless either party pleads otherwise.
Interest on the debt evidenced by this note shall not exceed the maximum amount of nonusurious
interest that may be contracted for, taken, reserved, charged, or received under law; any interest in
excess of that maximum amount shall be credited on the principal of the debt or, if that has been paid,
refunded. On any acceleration or required or permitted prepayment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the principal of the
debt or, if the principal of the debt has been paid, refunded. This provision overrides other provisions in
this and all other instruments concerning the debts.
When the context requires, singular nouns and pronouns include the plural.
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 2
By: _______________________________________
JAMES BUDARF
President of the Board of Directors
ATTEST:
___________________________________________
JAMES THOMAS
Secretary of the Board of Directors
TCMUD 1 Page 19 of 55 Meeting Date: March 4, 2009
PREPARED IN THE OFFICE OF:
Robert G. West, as attorney for TCMUD1
Whitaker, Chalk, Swindle & Sawyer, LLP
301 Commerce Street, Suite 3500
Fort Worth, TX 76102
(817) 878-0511 FAX (817) 335-6935
R:\Stor\RGW\MUD\FIREDEPT\MUD2 Note - Furniture CO.doc
TCMUD 1 Page 20 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-57-M1
File ID: Type: Status: 09-57-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/30/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning the bond issue for the New Fire
Station.
Notes:
Sponsors: Enactment Date:
Timetable_Comp Sale.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-57-M1
Discuss and take appropriate action concerning the bond issue for the New Fire Station.
TCMUD 1 Page 21 of 55 Meeting Date: March 4, 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1
$___________
UNLIMITED TAX BONDS, SERIES 2009
Tentative Timetable
March 30, 2009
Proposed Date Action
03-19-09 (Th) Southwest Securities (SWS) distributes timetable to District for review/approval
04-21-09 (T) Anticipated date of receipt of TCEQ Commission Order approving application
04-22-09 (W) SWS submits Request for Information (RFI) to District officials
05-04-09 (M) SWS to receive requested information from the District and commence preparation of
Preliminary Official Statement (POS) and Notice of Sale (NOS)
05-06-09 (W) SWS to submit draft of POS/NOS to District and Bond Counsel for review and comments
05-12-09 (T) Regular Board of Directors meeting to authorize Southwest Securities and Bond
Counsel to proceed with the issuance process, and authorize publication of Notice of
Sale (NOS) in the local papers and industry publication (6:00 pm)
05-13-09 (W) SWS to receive comments on POS/NOS from all parties
05-15-09 (F) Submit POS/NOS and financing documents to Moody’s / S&P rating agencies and bond
insurance providers for underlying ratings and qualification for insurance
05-19-09 (T) SWS submits information to Municipal Advisory Council for publication in Texas Bond Reporter
Calendar and Conditions of Competitive Sales, and additional paid advertising of NOS to
appear in 05-22-09 issue.
05-19-09 (T) District to submit NOS to local newspaper (_________________) for publication on
05-21-09
w/o 5-18 or 5-25 Arrange rating conference calls with Moody’s and S&P.
05-28-09 (Th) Release POS/NOS for electronic distribution to potential bidders via the Internet and post
POS/NOS to SWS website
05-29-09 (F) SWS to arrange for competitive bidding over the Internet using the “I-Deal LLC Parity” bidding
program. SWS to order CUSIP numbers
06-03-09 (W) Receive Underlying Ratings and Notice of Qualification for Insurance.
06-04-09 (Th) Receive electronic bids for the Bonds (11:00 am) via Internet and the “i-Deal LLC
PARITY” bidding program
06-04-09 (Th)
Special Board of Directors meeting to review bids and adopt the Resolution authorizing
the sale of the Bonds (5:00 pm)
06-10-09 (W) Submit transcript of proceedings to Attorney General for approval
06-11-09 (Th) Print and mail Final Official Statement (OS) and post Final OS to SWS website
06-30-09 (T) SWS to notify all parties of closing/delivery instructions
07-07-09 (T) Payment for and delivery of the Bonds
__________
Note: Bold entries indicate dates/actions that require District involvement.
TCMUD 1 Page 22 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-59-M1
File ID: Type: Status: 09-59-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/03/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning MUD 1’s financial situation.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-59-M1
Discuss and take appropriate action concerning MUD 1’s financial situation.
TCMUD 1 Page 23 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-60-M1
File ID: Type: Status: 09-60-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/07/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning the Town's plan to absorb MUD
2.
Notes: This is in response to Town Council Agenda on 4/6/09 addressing this issue.
Sponsors: Enactment Date:
Town Plan for Dissolution of MUD 2.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-60-M1
Discuss and take appropriate action concerning the Town's plan to absorb MUD 2.
TCMUD 1 Page 24 of 55 Meeting Date: March 4, 2009
Town PlanApril 6, 2009TCMUD 1Page 25 of 55Meeting Date: March 4, 2009
Why?In the McLain report, it is stated that “at a minimum the MUDs should merge into one MUD” but the “Best overall solution that would benefit the Trophy Club Entities as a whole should be to dissolve the MUDs and let the Town run all of the utility operations.”The Town Plan is a step towards the “Best overall solution.”TCMUD 1Page 26 of 55Meeting Date: March 4, 2009
How will the Town Plan Affect MUD 1 Residents• There will be no impact on MUD 1 as a result of the Town dissolving MUD 2. • Solana revenue remains intact. –There is NO revenue lossTCMUD 1Page 27 of 55Meeting Date: March 4, 2009
How will the Town Plan Affect MUD 2 Residents• Residents of MUD 2 will pay the same or less than today. TCMUD 1Page 28 of 55Meeting Date: March 4, 2009
What is the impact on mud2 residents?Fire TaxThe Town will create a Fire District to fund the Fire Department. Debt ServiceDebt Service will be paid by the residents water and sewer rates. TCMUD 1Page 29 of 55Meeting Date: March 4, 2009
Water Rates • 1646 MUD 2 and PID Customers• Average use is 16,500 gallons per month• Increase needed is approximately $2.10 per 1000 gallons, or approximately $35 per month per customer.• There will be a 100% reduction in MUD taxes, averaging $35 per month per customer• Net result is no additional costsTCMUD 1Page 30 of 55Meeting Date: March 4, 2009
PID Fees• PID fees will be used towards the Fire Station until 2011– Same use of funds as proposed in consolidation• Starting in 2012, PID fees will offset the debt service– This will allow for the reduction in the water rate• Starting in 2014, the existing MUD 2 debt will be reduced as a result of the current bond repayment schedules– This will allow for a further reduction in the water rateTCMUD 1Page 31 of 55Meeting Date: March 4, 2009
Steps after Implementation of the Plan• All assets of MUD 2 will be absorbed into the Town’s operations. • All Contracts between the Town and MUD 1 will remain in force for utilities.• The Master District Contract will be terminated as a result of the Amendment approved by MUD 1 and MUD 2 on January 7, 2009• The Town will renegotiate an Employee Services Agreement with MUD 1 if desired by both parties.• The Town will create a Fire District to collect the “fire tax” without impacting MUD 1.• The Town will collect the former MUD2 debt service obligation thru the water and sewer rates.TCMUD 1Page 32 of 55Meeting Date: March 4, 2009
Conclusion• No REDISTRIBUTION of current obligations to either MUD 1 or MUD 2• Reduction in our current Complex Governmental Structure– Town– MUD 1––– MUD 2MUD 2MUD 2––– Master DistrictMaster DistrictMaster DistrictTCMUD 1Page 33 of 55Meeting Date: March 4, 2009
TCMUD 1Page 34 of 55Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-50-M1
File ID: Type: Status: 09-50-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/25/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action to authorize the publication and distribution of
factual information to residents relative to the election and/or consolidation to
include the possibility of a Trophy Club MUD website.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-50-M1
Discuss and take appropriate action to authorize the publication and distribution of factual
information to residents relative to the election and/or consolidation to include the possibility of a
Trophy Club MUD website.
TCMUD 1 Page 35 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-54-M1
File ID: Type: Status: 09-54-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/26/2009File Created:
Final Action: *File Name:
Title: Discuss and take action to schedule MUD 1 Town Hall meeting(s).
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-54-M1
Discuss and take action to schedule MUD 1 Town Hall meeting(s).
TCMUD 1 Page 36 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-55-M1
File ID: Type: Status: 09-55-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/27/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding possible effects on other contracts
if the Master District is terminated.
Notes: Attorney West to address, as necessary.
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-55-M1
Discuss and take appropriate action regarding possible effects on other contracts if the Master
District is terminated.
TCMUD 1 Page 37 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-37-M1
File ID: Type: Status: 09-37-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
02/23/2009File Created:
Final Action: *File Name:
Title: Receive Finance Director's Report
a. Monthly Update
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Discussion only - No
action taken
03/04/2009Trophy Club Municipal
Utility District No. 1
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-37-M1
Receive Finance Director's Report
a. Monthly Update
TCMUD 1 Page 38 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-28-M1
File ID: Type: Status: 09-28-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
02/23/2009File Created:
Final Action: *File Name:
Title: Receive Town of Trophy Club Update
a. Director White to provide update from attending recent Town Council meetings.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Discussion only - No
action taken
03/04/2009Trophy Club Municipal
Utility District No. 1
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-28-M1
Receive Town of Trophy Club Update
a. Director White to provide update from attending recent Town Council meetings.
TCMUD 1 Page 39 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-29-M1
File ID: Type: Status: 09-29-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
02/23/2009File Created:
Final Action: *File Name:
Title: Receive Town of Westlake Update
a. Director Cantrell to provide Board with an update from meetings held with Town
of Westlake.
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 Discussion only - No
action taken
03/04/2009Trophy Club Municipal
Utility District No. 1
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-29-M1
Receive Town of Westlake Update
a. Director Cantrell to provide Board with an update from meetings held with Town of Westlake.
TCMUD 1 Page 40 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-47-M1
File ID: Type: Status: 09-47-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/23/2009File Created:
Final Action: *File Name:
Title: Review and Approve Minutes
a. March 4, 2009 - Regular Session
Notes:
Sponsors: Enactment Date:
M1 Minutes 030409.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-47-M1
Review and Approve Minutes
a. March 4, 2009 - Regular Session
TCMUD 1 Page 41 of 55 Meeting Date: March 4, 2009
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
MARCH 4, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Regular Session on Wednesday, March 4, 2009, in the Boardroom of the
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
Danny Thomas Fire Chief
Bob West MUD 1 Attorney
Bruce James MUD 1 Attorney
Steven Kohs MUD 2 Director
James C. Thomas MUD 2 Secretary/Treasurer
Bill Rose 219 Inverness Drive
Bob Radder 1 Lee Court
Peggy Sweeney 51 Meadowbrook Drive
Bill Armstrong 18 Avenue 20
REGULAR SESSION
Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 5:07 p.m.
Citizen Presentations.
Bill Armstrong – 18 Avenue 20 – MUD 1 Resident – addressed the Board regarding the MUD
Consolidation and the Town taking over MUD 2. Armstrong requested information be submitted
to the residents regarding the Consolidation.
1. Discuss and take appropriate action regarding acceptance of the 2007-2008 fiscal
year-end financial audit for Trophy Club Municipal Utility District No. 1.
Director Twomey moved to accept the 2007-2008 Fiscal Year-End Financial Audit. Director
Hase seconded the motion. Floor opened for discussion.
Motion carried unanimously.
2. Discuss and take appropriate action regarding clarification of assets for 2008-2009
fiscal year audit.
Director Hase stated for several years there has been a discrepancy with regard to division of
ownership of certain items (Water Plant Wells, Elevated Tank and the Administration Building)
in past audits.
Director Twomey suggested bringing this agenda item back when MUDs 1 and 2 have a joint
meeting.
TCMUD 1 Page 42 of 55 Meeting Date: March 4, 2009
Action: Agenda item referred to Items for Future Agendas.
3. Discuss and take appropriate action concerning results of court hearing and status of
Cause No. 2009-40021-362, Trophy Club Municipal Utility District No. 2 versus Town of
Trophy Club, Texas.
Attorney West provided an update, advising that the Judge McFarling ruled that both sides
should proceed with their election, and the Judge dropped the temporary injunction against the
Town.
Discussion held with no action.
Action: None
4. Discuss and take appropriate action regarding the May 9, 2009 consolidation election,
ballot, and proposition.
Discussion held with no action.
Action: None
5. Discuss and take appropriate action regarding amending the Order calling the May 9,
2009 Consolidation Election.
Supplement Agenda:
1. Consider and act upon adopting an Amended and Restated Order Calling
Consolidation Election concerning the District's May 9, 2009, Consolidation
Election.
Attorney West advised that an initial Order Calling Consolidation Election was completed as a
result of the January 26, 2009 Joint Session Meeting. Since then some of the details need to be
revised to reflect the Joint Election Order, which is the reason for Amended/Modified Order
Calling a Consolidation Election.
Director Cantrell moved to adopt and approve the Amended-Restated Order Calling the May 9,
2009 Consolidation Election. Director Twomey seconded the motion. Floor opened for
discussion.
Director Hase states it is going to be a complicated ballot. In the past, we have had two ballot
tables, one is for MUD 1 and one is for MUD 2. Hase recommends voting one time. West
advised that is contrary to advice from Bond Attorneys and the Attorney General. West advised
it is going to take a lot of public education. The recommendation is to have three tables; one
table for MUD 1 Consolidation; one table for MUD 2 Consolidation; and one table for all
remaining Town/School issues for Early Voting/Regular Voting.
Motion carried unanimously.
6. Discuss and take appropriate action regarding possible effects on other contracts if
the Master District is terminated.
Attorney West advised his analysis is complete and further discussions should be held in closed
session.
Director Twomey recommended tabling to next month’s agenda.
Action: Tabled to April agenda.
TCMUD 1 Page 43 of 55 Meeting Date: March 4, 2009
7. Discuss and take appropriate action concerning Payment Agreement and related
promissory notes between Trophy Club MUD 1 and Trophy Club MUD 2 addressing
funding for New Fire Station.
Attorney West advised he has drafted some promissory notes, which confirm the amounts that
MUD 2 is required to pay MUD 1 for their portion of the New Fire Station.
President Henry recommended tabling to next month and to distribute the notes to the Board for
their review prior to next month’s meeting.
Action: Tabled to April agenda.
8. Discuss and take appropriate action regarding a Resolution nominating Neil Twomey
as Trustee for AWBD (Association of Water Board Directors).
Director Henry moved to nominate Neil Twomey as Trustee for AWBD and to approve
Resolution 2009-0304. Director White seconded the motion.
Motion carried unanimously.
9. Discuss and take appropriate action regarding amendment of New Intergovernmental
Contract for Employee Services.
No update at this time, to be carried forward until resolved.
Action: Tabled to April meeting.
10. Discuss and take appropriate action regarding Amendment to the Information Form
required by Section 49.455 of the Texas Water Code.
Attorney West advised that at the last meeting that this Form was voted on and approved;
however, the form did not include all the necessary bond information. The Amendment has
been updated by Attorney West, and requires the Board’s action.
Director Hase moved to approve the Amendment to the Information Form. Director Twomey
seconded the motion. Floor opened for discussion. Board recommended tabling to April
meeting. Motion died.
Action: Tabled to April meeting.
11. Receive District Manager's Report
a. TCEQ Bond Application letter
b. Finance Director Position
District Manager Scott advised the Board of the above updates.
Attorney West reported that TCEQ is current on their bond applications, which means we should
hear something from TCEQ in less than 60 days.
12. Receive Finance Director's Report
a. Monthly Update
No one was present to provide the Board with a monthly update.
13. Receive Consolidation Task Force Committee Update
a. Receive and discuss update on Consolidation Task Force's last committee meeting.
Director Hase advised that the Task Force issued their final report on February 17, 2009, and
believes they have completed their task.
TCMUD 1 Page 44 of 55 Meeting Date: March 4, 2009
Mr. Bob Radder addressed the Board, and asked if he and others could receive a hard copy of
the whole report.
Director White advised that the reports are scheduled to be posted to the web.
Director Cantrell advised he would provide Mr. Radder with a copy of the Consolidation Task
Force meeting minutes as well as the report.
Mr. Bob Radder asked if the emails that went back and forth between the Consolidation Task
Force Committee Members would be available through an Open Records Request.
Attorney West advised that he believes the emails should be available through Open Records
Request.
14. Receive Town of Trophy Club Update
a. Director White to provide update from attending recent Town Council meetings.
Director White updated the Board, advising that the Town voted to take over MUD 2, subject to
referendum. Also, the Town had a Budget Workshop on Sunday, and advised they have a
shortfall of approximately $560,000 on a 6-month $2 million budget, mainly due to PID-related
expenses.
Director White attended a meeting with the Mayor and Town Manager Emmons to address their
questions/concerns regarding the Consolidation Task Force models and report, and believes
she was successful.
Director Cantrell asked the Board to review last night’s meeting, which is available to view
online via Google video or via the Trophy Club website.
15. Receive Town of Westlake Update
a. Director Cantrell to provide Board with an update from meetings held with Town of
Westlake.
Director Cantrell asked to speak to this in Closed Session to seek advice from the attorney.
Discussion held in Closed Session with no action.
16. Review and Approve Minutes
a. January 26, 2009 (Special Session)
b. February 2, 2009 (Special Joint Session)
c. February 4, 2009 (Regular Session)
d. February 17, 2009 (Special Session)
Director Henry moved to approve the January 26, February 2, February 4, and February 17,
2009 minutes, with attachments. Director Cantrell seconded the motion. Floor opened for
discussion.
Motion carried unanimously.
17. Review and Approve Disbursements & Variance Report
a. December 2008
b. January 2009
Director Cantrell commented that he is very disappointed in the increased audit expense which
is 125% of the budgeted amount, adding he would like an explanation from the Auditors.
Director Twomey advised that we still have one year left on our contract with current auditors.
TCMUD 1 Page 45 of 55 Meeting Date: March 4, 2009
Director Twomey moved to approve both the December 2008 and the January 2009
disbursements and variance reports. Director Hase seconded the motion.
Motion carried unanimously.
18. Monthly Tax Collection Report
a. January 2009
Board reviewed the January 2009 Collection Report; no action required.
19. Next Meeting Date
a. Tuesday, April 7, 2009 at 6 p.m.
Board agreed to meet on Tuesday, April 7, 2009 at 6:00 p.m.
20. Items for Future Agendas
a. Further review of McLain's study relating to organizational costs for MUD 1.
b. Develop a checklist with regard to election/ballot language for consolidation.
c. Research ramifications should Town take over MUD 2. (12/08)
Board agreed to delete a and b, and keep c.
Agenda Item 2 was added to Items for Future Agendas:
Discuss and take appropriate action regarding clarification of assets for 2008-2009 fiscal
year audit. (Joint meeting with MUD 2)
MUNICIPAL UTILITY DISTRICT 1 TO CONVENE INTO CLOSED SESSION
Board convened into Closed Session at 6:12 p.m.
CLOSED SESSION
21. MUD1 President Dean Henry announced that the Board would convene into closed
session pursuant to Section 551.071 of the Texas Government Code regarding
consultations with attorney: to conduct a private consultation with the District’s
Attorney on a matter of pending or contemplated litigation and/or a settlement offer
regarding same: Declaratory Action, Temporary Restraining Order, and Temporary
and Permanent Injunction Proceedings pending in Denton County in Cause No.
2009-40021-362 against the Town of Trophy Club, Texas.
MUNICIPAL UTILITY DISTRICT 1
TO RECONVENE INTO OPEN/REGULAR SESSION
Board reconvened into Open/Regular Session at 7:08 p.m.
22. Discuss and take appropriate action relative to discussions held in Closed Session.
Discussion held with no action.
Action: No action taken.
TCMUD 1 Page 46 of 55 Meeting Date: March 4, 2009
MUD 1 Minutes March 4, 2009 – Regular Session 6
Adjourn.
Meeting adjourned at 7:08 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
Mary Moore, MUD Secretary
TCMUD 1 Page 47 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-48-M1
File ID: Type: Status: 09-48-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/23/2009File Created:
Final Action: *File Name:
Title: Review and Approve Disbursements & Variance Report
a. February 2009
Notes:
Sponsors: Enactment Date:
M1 Feb-09 Variance Report.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-48-M1
Review and Approve Disbursements & Variance Report
a. February 2009
TCMUD 1 Page 48 of 55 Meeting Date: March 4, 2009
BUDGET VARIANCE REPORT
FUND:132 - MUD 1 O&M
FINANCIALS MONTH:February 2009
REVENUE VARIANCE:33%
EXPENSE VARIANCE:50%
NOTE:Explanation provided for all accounts with a Year-To-Date percentage (YTD%) less than the Revenue Variance and
greater than or equal to the Expense Variance. The Revenue and Expense Variance is calculated on a straight-line
method (Financials Month x 8.3%), less 8.3% for revenues and plus 8.3% for expenses. All variances over $1000 will
be addressed.
ACCOUNT DESCRIPTION TOTAL
BUDGET
CURRENT
MONTH
YTD
TOTAL
YTD
%
VARIANCE EXPLANATION
REVENUE
132-48005-000-000 Utility Fees (86,250)$ (8,625)$ (24,725)$ 29%Based on development.
EXPENSE
132-50005-050-000 Salaries & Wages 9,200$ 1,900$ 5,700$ 62%Increase due to additional meetings
scheduled/attended.
132-55045-050-000 Legal 10,800$ 25,633$ 32,257$ 299%Increase due to increased requests &
meetings of attorney.
132-55055-050-000 Auditing 12,989$ -$ 16,250$ 125%Progress payments to Weaver & Tidwell.
Will reallocate based on total hours
spent.
132-60115-050-000 Elections -$ -$ 2,803$ -May 2009 joint election.
132-60345-050-000 Intergov Trans Out (Fire Dept)607,148$ -$ 571,027$ 94%Transfer to Fire Construction account.
TCMUD 1 Page 49 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-56-M1
File ID: Type: Status: 09-56-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/27/2009File Created:
Final Action: *File Name:
Title: Review Monthly Tax Collection Report
a. February 2009
Notes:
Sponsors: Enactment Date:
M1 TaxCollectionReport Feb09.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-56-M1
Review Monthly Tax Collection Report
a. February 2009
TCMUD 1 Page 50 of 55 Meeting Date: March 4, 2009
TCMUD 1 Page 51 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-61-M1
File ID: Type: Status: 09-61-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/08/2009File Created:
Final Action: *File Name:
Title: Items for Future Agendas
a. Research ramifications should Town take over MUD 2. (12/08)
b. Clarification of assets for 2008-2009 fiscal year audit. (Joint meeting with
MUD 2)
c. Amendment of New Intergovernmental Contract for Employee Services. (per
Attorney West 3/24/09)
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-61-M1
Items for Future Agendas
a. Research ramifications should Town take over MUD 2. (12/08)
b. Clarification of assets for 2008-2009 fiscal year audit. (Joint meeting with MUD 2)
c. Amendment of New Intergovernmental Contract for Employee Services. (per Attorney West
3/24/09)
TCMUD 1 Page 52 of 55 Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-62-M1
File ID: Type: Status: 09-62-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/08/2009File Created:
Final Action: *File Name:
Title: Set Next Meeting Date
a. Tuesday, May 12, 2009, 5:00 p.m.
Notes: Staff would like to recommend the MUD 1's May meeting at 5:00 p.m. MUD 2 has scheduled
their May meeting for May 12, at 7:00 p.m. so as to not have to schedule a special meeting to
canvass their election. Their regular meeting date for May (05/06) is before the election.
Sponsors: Enactment Date:
May Calendar.pdfAttachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-62-M1
Set Next Meeting Date
a. Tuesday, May 12, 2009, 5:00 p.m.
TCMUD 1 Page 53 of 55 Meeting Date: March 4, 2009
TCMUD 1Page 54 of 55Meeting Date: March 4, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-51-M1
File ID: Type: Status: 09-51-M1 M1 Closed Session Executive Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
03/25/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action relative to discussions held during Closed
Session.
a. Election and Ballot Issues
b. Pending and/or Contemplated Litigation
c. Bond issue
Notes:
Sponsors: Enactment Date:
Attachments: Enactment Number:
Hearing Date: Contact:
Effective Date: *Entered by: mmoore@trophyclub.org
History of Legislative File
Action: Result: Return
Date:
Due Date: Sent To: Date: Acting Body: Ver-
sion:
1 04/14/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-51-M1
Discuss and take appropriate action relative to discussions held during Closed Session.
a. Election and Ballot Issues
b. Pending and/or Contemplated Litigation
c. Bond issue
TCMUD 1 Page 55 of 55 Meeting Date: March 4, 2009