HomeMy WebLinkAboutFebruary 4, 2009 Regular Session Backup 1
Town of Trophy Club
Municipal Utility District No.1 Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Wednesday, February 4, 2009
5:00 P.M.
A.1 Call to Order and Announce a Quorum.
A.2 Public Comments or Presentations.
B.1 Discuss and take appropriate action regarding clarification of assets for 2008
audit.
B.2 Discuss and take appropriate action regarding acceptance of the 2007-2008
fiscal year-end financial audit for Trophy Club Municipal Utility District No. 1.
B.3 Discuss and take appropriate action regarding agreement of McLain payment.
B.4 Discuss and take appropriate action regarding financing of Fire Station.
B.5 Discuss and take appropriate action regarding planning the merging and
consolidation of Trophy Club MUD 1 and Trophy Club MUD 2.
B.6 Discuss and take appropriate action regarding possible effects on other contracts
if the Master District is terminated.
B.7 Discuss and take action regarding the Joint Election Agreement between the
Trophy Club Town Council, Trophy Club Municipal Utility District No. 1 and
Trophy Club Municipal Utility District No. 2.
B.8 Discuss and take appropriate action regarding Order 2009-0204, the 2009-01
MUD 1 Rate Order, initiating time constraints for temporary irrigation and
construction meters on fire hydrants.
B.9 Discuss and take appropriate action regarding amendment to the Information
Form required by Section 49.455 of the Texas Water Code.
B.10 Discussion regarding proposed letter to Mayor and Town Manager regarding
staffing of Finance Department. (Director Hase)
B.11 Discuss and take appropriate action regarding Firefighter Robert Brown losing
his home to a fire on Wednesday, January 27th, 2009.
B.12 Discuss and take appropriate action to establish a reserve policy for MUD 1.
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C.1 Receive District Manager's Report
a. Item(s) for future agenda(s)
C.2 Receive Finance Director's Report
a. 2008 Certified Appraisal Analysis (Finance)
b. Provide Update
C.2 Receive Update ~ Communications Process
a. Director Cantrell
1. Town of Westlake
2. Tarrant County Appraisal District
b. Director White - Town of Trophy Club updates
c. Director Hase - Consolidation Task Force Committee Update - Receive and
discuss update on consolidation task force meetings through the date of January
28, 2009.
D.1 Review and Approve Minutes
a. January 7, 2009 - Regular Session minutes
b. January 13, 2009 - Special Session minutes
D.2 Review and Approve Disbursements and Variance Report
a. November 2008
D.3 Review Monthly Tax Collection Report
a. December 2008
D.4 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, March 10, 2009, 6:00 p.m.
D.5 Items for Future Agendas
1. Further review of McLain's study relating to organizational costs for MUD 1.
(Twomey)
2. Research ramifications should Town take over MUD 2. (12/08)
3. Develop a checklist with regard to election/ballot language for consolidation.
F.1 Adjourn.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.A.1
Call to Order and Announce a Quorum.
(mm)
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.A.2
Public Comments or Presentations.
(mm)
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.1
Discuss and take appropriate action regarding clarification of assets for 2008 audit.
EXPLANATION:
For discussion and action.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.2
Discuss and take appropriate action regarding acceptance of the 2007-2008 fiscal
year-end financial audit for Trophy Club Municipal Utility District No. 1.
EXPLANATION:
MUD Financial Reporting Requirements
These deadlines are based on Section 49.194 of the Texas Water Code:
Under Subsection (a), a water district’s audit report must be filed with us no more than 135
days after the end of the water district’s fiscal year.
IF your fiscal year ends on Sep 30, 2008 THEN your audit report must get to us by Feb 12, 2009.
Texas Water Code
SECTION 49.194. FILING OF AUDITS, AFFIDAVITS, AND FINANCIAL REPORTS
Sec. 49.194. FILING OF AUDITS, AFFIDAVITS, AND FINANCIAL REPORTS.
(a) After the board has approved the audit, it shall submit a copy of the report to the
executive director for filing within 135 days after the close of the district's fiscal year.
(b) If the board refuses to approve the annual audit report, the board shall submit a
copy of the report to the executive director for filing within 135 days after the close of the
district's fiscal year, accompanied by a statement from the board explaining the reasons for its
failure to approve the report.
(c) Copies of the audit, the annual financial dormancy affidavit, or annual financial
report described in Sections 49.197 and 49.198 shall be filed annually in the office of the
district.
(d) Each district shall file with the executive director an annual filing affidavit in a
format prescribed by the executive director, executed by a duly authorized representative of
the board, stating that all copies of the annual audit report, annual financial dormancy affidavit,
or annual financial report have been filed under this section.
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(e) The annual filing affidavit shall be submitted with the applicable annual document
when it is submitted to the executive director for filing as prescribed by this subchapter.
(f) The executive director shall file with the attorney general the names of any districts
that do not comply with the provisions of this subchapter.
(g) A submission to the executive director required by this section may be made
electronically.
RECOMMENDATION:
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.3
Discuss and take appropriate action regarding agreement of McLain payment.
EXPLANATION:
For discussion and possible action.
RECOMMENDATION:
(dh)
Attachments: 1. None
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.4
Discuss and take appropriate action regarding financing of Fire Station.
EXPLANATION:
For discussion and possible action.
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.5
Discuss and take appropriate action regarding planning the merging and
consolidation of Trophy Club MUD 1 and Trophy Club MUD 2.
EXPLANATION:
For discussion and possible action.
RECOMMENDATION:
(dh)
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.6
Discuss and take appropriate action regarding possible effects on other contracts if
the Master District is terminated.
EXPLANATION:
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.7
Discuss and take action regarding the Joint Election Agreement between the Trophy
Club Town Council, Trophy Club Municipal Utility District No. 1 and Trophy Club
Municipal Utility District No. 2.
EXPLANATION:
Attached is the Agreement that is scheduled for Council's February 2nd meeting.
RECOMMENDATION:
(lh/mm)
Attachments: 1. Joint Election Agreement
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JOINT ELECTION AGREEMENT
BETWEEN THE TOWN OF TROPHY CLUB, TEXAS
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, AND
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
TO CONDUCT A JOINT ELECTION
TO BE HELD ON May 9, 2009
This Joint Election Agreement is entered into this 2nd day of February 2009, by
and between the Town of Trophy Club, Texas, Trophy Club Municipal Utility District No.
1, and Trophy Club Municipal Utility District No. 2, to conduct a Joint Election to be held
on May 9, 2009, in Trophy Club, Texas.
WITNESSETH:
WHEREAS, the Town of Trophy Club, Texas, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 desire to conduct an
election on May 9, 2009, for the purpose of consolidation; and
WHEREAS, pursuant to Chapter 271, Texas Election Code, if an election
ordered by the authorities of two or more political subdivisions is to be held on the same
day in all or part of the same territory, the governing bodies of the political subdivisions
may enter into an agreement to hold the election jointly in the election precincts that can
be served by common polling places; and
WHEREAS, in accordance with Chapter 271 of the Texas Election Code, the
Town of Trophy Club, Texas, the Trophy Club Municipal Utility District No. 1, and the
Trophy Club Municipal Utility District No. 2, mutually desire to enter into a Joint Election
Agreement for an election to be held on May 9, 2009.
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, Trophy Club Municipal Utility
District No. 1, and Trophy Club Municipal Utility District No. 2 (the “Participants”) do
hereby agree as follows:
TERMS:
1. Administration: The Town Secretary of the Town of Trophy Club shall
coordinate, supervise and handle all aspects of administering the Joint Election. Such
duties shall include the preparation of election orders, resolutions, notices, ballots,
bilingual materials and any other pertinent election documents, in accordance with the
provisions of the Texas Election Code and as outlined in this Agreement. The Town
Secretary shall be responsible for any submission required by the Federal Voting Rights
Act of 1965, as amended, with regard to the administration of the Joint Election; any
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other changes which require preclearance under the Federal Voting Rights Act of 1965,
as amended, shall be the responsibility of each of the individual Participants.
2. Location of Common Polling Places: The polling place for the Joint
Election shall be the Trophy Club Municipal Building, 100 Municipal Drive, Trophy Club,
Texas.
3. Allocation of Election Expenses: The Participants agree to share all
costs of administering the May 9, 2009 Joint Election, including but not limited to all
costs incurred in preparing such Joint Election, based upon the following pro rata
portion:
Town of Trophy Club 34%
Trophy Club Municipal District No. 1 33%
Trophy Club Municipal District No. 2 33%
The cost of any special request which is not agreed upon by all Participants shall
be borne by that Participant in its entirety. In the event of a runoff election, the
Participant requiring the runoff shall be responsible for all costs associated with
administering such election.
4. Appointment and Compensation of Election Officers: The following
named individuals, residing at the respective addresses, are hereby appointed to serve
as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the
Election:
Presiding Election Judge
Pam Irwin
543 Indian Creek Drive
Trophy Club, TX 76262
Alternate Presiding Election Judge
Judy Williams
215 Phoenix Drive
Trophy Club, TX 76262
All Election Judges shall be qualified voters of the Town. The Town Secretary
shall, in accordance with Section 32.009 of the Texas Election Code, deliver to the
Presiding Election Judge and the Alternate Presiding Election Judge, notice of their
appointment in accordance with law.
The Election Judge herein appointed shall appoint not less than two (2) nor more
than ten (10) qualified election clerks to serve and assist in the conduct of the Election,
provided, however, that if the Election Judge named herein actually serves, the
Alternate Election Judge shall serve as one of the clerks. All election clerks shall be
qualified voters of the Town.
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The Town of Trophy Club will be responsible for the appointment of the presiding
judge and alternate at polling location, and also for the appointment of the Early Voting
Ballot Board. It is agreed by the participating authorities to employ the number of
election clerks as the need determines, and that all election workers shall be paid $8.00
per hour. The election judges will be paid $10.00 per hour.
5. Early Voting: Early voting by personal appearance shall be conducted by the
Town Secretary, who is hereby appointed the Early Voting Clerk, at 100 Municipal
Drive, Trophy Club, Texas. For the period early voting for the election is permitted by
law, the Early Voting Clerk shall keep such office open for Early Voting the following
days:
Monday, April 27 8a - 5p
Tuesday, April 28 7a - 7p
Wednesday, April 29 8a - 5p
Thursday, April 30 8a - 5p
Friday, May 1 8a - 5p
Saturday, May 2 8a - 12p
Monday, May 4 8a - 5p
Tuesday, May 5 7a - 7p
Early voting will not be conducted on any other Saturday, or on any Sunday or
official State and/or national holiday during the period of early voting.
Application for early voting by mail shall be delivered to the Early Voting Clerk at
the same address not earlier than March 10, 2009 and not later than the close of regular
business in the Early Voting Clerk's office or 5:00 p.m., whichever is later, on May 1,
2009.
Early voting, both by personal appearance and by mail, shall be by use of electronic
system ballots, which ballots shall conform to the requirements of the Texas Election
Code, and in so doing shall permit the voters to vote for MUD1 and MUD2
Consolidation, and two (2) Town of Trophy Club Council Members for two (2) year
terms each, and one (1) Town of Trophy Club Mayor for a two (2) year term. No elector
shall vote for more than (2) Town of Trophy Club Council Members, and one (1) Town
of Trophy Club Mayor for a two (2) year term.
The Early ballots shall be canvassed by the Early Ballot Board, which is hereby
created. The Election Judge and the Alternate Election Judge appointed herein shall
serve as the Presiding officer and the alternate Presiding Officer, respectively, of the
Early Ballot Board. The other election officers serving at the Election shall serve as the
other members of the Early Ballot Board for the Election.
6. Ballots: The Town Secretary is hereby authorized and instructed to provide and
furnish all necessary election supplies to conduct the election. Voting at the Election
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shall be by use of electronic system ballots. Preparation of the official ballots for the
Election shall conform to the requirements of the Texas Election Code, and in so doing
shall permit the voter to vote for MUD1 and MUD2 Consolidation, and two (2) Town of
Trophy Club Council Members for two (2) year terms each, and one (1) Town of Trophy
Club Mayor for a two (2) year term. No elector shall vote for more than (2) Town of
Trophy Club Council Members, and one (1) Town of Trophy Club Mayor for a two (2)
year term.
7. Maintenance of Election Forms and Records: Polling place forms and
records for Participants shall be maintained by the Town Secretary of the Town of
Trophy Club, Texas, as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each Participant, as well as to
the public in accordance with the Texas Public Information Act, Chapter 552, Texas
Government Code. All records shall be maintained in an orderly manner, so that
records are clearly identifiable and accessible.
Records of the election shall be retained and disposed of in accordance with the
provisions of Title 6, Subtitle C, Chapters 201 through 205 of the Texas Local
Government Code, including the minimum retention requirements established by the
Texas State Library and Archives Commission. If records of the election are involved in
any pending election contest, investigation, litigation, or Texas Public Information Act
inquiries, the records shall be maintained until final resolution or judgment, regardless of
any other retention requirements. It is the responsibility of each Participant to notify the
Town Secretary of any pending contest, investigation, litigation, or Texas Public
Information Act inquiry. Any costs associated with the retention of records required
beyond eligibility for preservation shall be borne by the Participant requesting such
continued retention.
On the first business day following the date that the records of the election are
eligible for destruction, each Participant shall be notified in writing of the anticipated
destruction of such records. Each Participant shall provide written authorization to
proceed with or withhold the destruction of such records.
8. Canvassing: Each of the Participants hereto shall convene separately at
properly posted meetings in the time frame required by the Election Code and canvass
the results of their respective elections.
9. Runoff Election: In the event a runoff is necessary, this Agreement will
automatically be extended to cover the runoff, unless a Participant states in writing
immediately upon notice that a runoff election will be necessary that it does not want to
participate in a joint runoff.
10. Term of Agreement: This Agreement shall be effective upon execution
by all Participants and may be terminated in accordance with Paragraph 9 by written
notice only pursuant to Paragraph 11 of this Agreement.
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11. Notice: Whenever this Agreement requires any consent, approval, notice,
request or demand, it must be in writing to be effective and shall be delivered to all
Participants by certified mail, return receipt requested, and shall be properly addressed
as follows:
If to the Town of Trophy Club: If to Municipal Utility District No. 1:
Town of Trophy Club Trophy Club Municipal Utility District No. 1
Mayor President
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
If to Municipal Utility District No. 2:
Trophy Club Municipal Utility District No. 2
President
100 Municipal Drive
Trophy Club, Texas 76262
12. Authority to Execute Agreement: The undersigned officers 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 or other act extending such
authority have been duly passed and are now in full force and effect.
13. Counterparts: This Agreement may be executed in any number of
counterparts and each shall be considered an original and collectively shall constitute
one agreement; but in making proof of this Agreement, it shall not be necessary to
produce or account for more than one such counterpart.
14. Entire Agreement: This Agreement represents the entire and integrated
agreement between the Participants 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 Participants.
15. Hold Harmless: To the extent allowed by law, each Participant does
hereby agree to waive all claims against, release, and hold harmless each other
Participant and its respective officials, officers, agents, employees, in both their public
and private capacities, from any and all liability, claims, suits, demands, losses,
damages, attorneys fees, including all expenses of litigation or settlement, or causes of
action which may arise by, result from, or relate to the performance of this Agreement,
including but not limited to injury to or death of any person or for loss of, damage to, or
loss of use of any property arising out of or in connection with this Agreement.
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16. Severability: If any of the terms, sections, subsections, sentences,
clauses, phrases, provisions, covenants, conditions or any other part of this contract are
for any reason held to be invalid, void or unenforceable, the remainder of the terms,
sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions
or any other part of this contract shall remain in full force and effect and shall in no way
be affected, impaired or invalidated.
IN WITNESS WHEREOF, the Town of Trophy Club, Trophy Club Municipal
District No. 1, and Trophy Club Municipal Utility District No. 2 have executed this
Agreement on the day and year first hereinabove set forth.
TOWN OF TROPHY CLUB, TEXAS TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 1
By: By:
Nick Sanders Dean Henry
Mayor President
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT No. 2
By:
James Budarf
President
Effective: February 2, 2009
ATTEST:
By:
Lisa Hennek
Town Secretary
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MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.8
Discuss and take appropriate action regarding Order 2009-0204, the 2009-01 MUD
1 Rate Order, initiating time constraints for temporary irrigation and construction
meters on fire hydrants.
EXPLANATION:
As discussed at the meeting on Monday, January 26, this agenda item was carried over
to this Regular Meeting. DM Scott has requested that we amend our rate order to
impose time constraints for irrigation and construction meters starting November 1st
following through to March 15.
Here is the proposed change:
D. Temporary Meter Use Constraints. To avoid damages resulting
from freezing weather, all temporary construction and irrigation meters shall be
removed from fire hydrants at the end of each day and no later than 4:00 p.m.
beginning November 1 and through the following March 15. Any irrigation and/or
construction meter found still attached to a fire hydrant after 4 p.m. beginning
November 1 and through the following March 15, will be removed at a service
charge fee of $75.00. Should any irrigation and/or construction meter attached to
a fire hydrant cause damage as a result of being attached to a meter during
freezing conditions beginning November 1 and through the following March 15,
renter will be responsible for all costs associated with repair of damaged fire
hydrant, to include labor costs.
Attachments: 1. Rate Order 2009-0204, the 2009-1 Rate Order – final format
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2009-1 RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER No. 2009-0204
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES
FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR
CONNECTION, RECONNECTION, INSPECTION, ACCURACY
READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR
SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS;
AND CONTAINING OTHER PROVISIONS RELATING TO THE
SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the
owner and/or operator of a water and sewer system designed to serve present and
future inhabitants within the District and the Trophy Club development; and
WHEREAS, the District’s most recent Rate Order was adopted on December 9,
2008 (the “2009 Rate Order”), several additional modifications are needed at this time,
and the District desires to establish all of its rate policies in a single new Rate Order;
and
WHEREAS, the Board of Directors of the District has carefully considered the
terms of this 2009-1 Rate Order and is of the opinion that the following conditions and
provisions should be established as the policies, procedures, and rates for obtaining
service from the District’s water and sewer system;
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each
person desiring a water and sanitary sewer service connection to the District’s System
shall be required to pay such fees as set forth in this Order. No service shall be
established or re-established until such fees are paid. All service connections are
subject to all other rules, regulations, and policies of the District.
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A. Certification of System. Connections shall not be made to the
District’s System or portions of the System until the District’s engineer or
Water/Wastewater Superintendent has certified that the System or applicable
portion thereof is operable.
B. Backflow Prevention. No water connections from any public
drinking water supply system shall be allowed to any commercial establishment
where an actual or potential contamination hazard exists unless the public water
facilities are protected from contamination.
At any commercial establishment where an actual or potential contamination
hazard exists, protection shall be required at the meter in the form of a backflow
prevention assembly. The type of assembly required shall be the one known as
“Reduced Pressure Zone” (RPZ) unless otherwise specified by the District
through its Superintendent.
The existence of potential contamination hazards without installation having been
made of the means of control and prevention as set out in the preceding
paragraph; or, the same having been installed, there is a failure to properly
maintain the same, shall be considered sufficient grounds for immediate
termination of water service. Service can be restored only when the health
hazard no longer exists, or when the health hazard has been isolated from the
public water system in accordance with the foregoing requirements.
All backflow prevention assemblies that are required according to this section
shall be tested upon installation by a recognized backflow prevention assembly
tester and certified to be operating within specifications. Backflow prevention
assemblies that are installed to provide protection against health hazards must
also be tested and certified to be operating within specifications at least annually
by a recognized backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain any
backflow prevention device required by this Rate Order. Copies of all testing and
maintenance records shall be provided to the MUD not later than a date to be
fixed by the MUD.
If the Customer fails to comply with the terms of this Order, the MUD shall, at its
option, either terminate service or properly install, test, and maintain an
appropriate backflow prevention device at the service connection. Any expenses
associated with the enforcement of this agreement shall be billed to the
Customer.
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C. Availability of Access/Obstructions. By application for connection to
the District’s System, the customer shall be deemed to be granting to the District
and its representatives a right of ingress and egress to and from the meter or
point of service for such installation, maintenance and repair as the District, in its
judgment, may deem reasonably necessary. The customer shall also be
deemed to be granting to the District and its representatives a right of ingress
and egress to the customer’s property, including the exterior of the customer’s
premises, for the purpose of performing the inspections and completing the
customer‘s Service Inspection Certifications required by the District’s rules and
regulations. Taps and connections will not be made when, in the opinion of the
District, building materials or other debris obstructs the work area or the work
area is not completed or finished to grade. When sidewalks, driveways or other
improvements have been constructed prior to application for service, such
application shall be construed and accepted as the customer’s waiver of a claim
for any damages to such improvements resulting from the reasonable actions of
the District in installation of the connection.
Section 1.02. Residential Fire Lines, Connections, and Fees. A residence
of six-thousand (6,000) square feet and less than eight-thousand (8,000) square feet
shall have installed on its one-inch (1”) water service line, for fire protection, and as part
of said line, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of
said U-branch, meter, and meter-box shall be in the amount of five-hundred-twenty-five
dollars ($525.00), payable at the time of permitting.
A residence of more than eight-thousand (8,000) square feet, in addition to its
regular one-inch (1”) water service line, shall have installed a separate one-and one-half
inch (1½”) water service line for fire protection with its own meter and meter-box. The
cost of connection and installation of said separate line, meter and meter-box shall be
either $975.00 if the home is on the same side of the street as the waterline; or, if it is
on the opposite side of the street from the waterline, necessitating boring, then the
charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at the
time of permitting.
Section 1.03. Connections by District. All connections to the District’s
sewer system shall be made in accordance with the District’s Plumbing Code and its
rules and regulations. No person except the District Manager or his/her authorized
agent shall be permitted to tap or make any connection to the mains or distribution
piping of the District’s water system, except for emergency firefighting purposes, or
make any repairs or additions to or alterations in any meter, box, tap, pipe, cock or other
fixture connected with the water service or any manhole, main, trunk or appurtenance of
the District’s sanitary sewer system, unless otherwise specified by the Board of
Directors of the District. No sewer connection shall be covered in the ground before a
representative of the District has inspected the sewer connection. No house lead shall
be covered in the ground before the water connection has been inspected and
approved by a licensed plumbing inspector with jurisdiction of the site.
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Section 1.04. Inspections and Fees. Fees for permits and for plumbing
inspections (other than for sewer and backflow inspections referred to below in
subparagraphs A and B) should be paid to the city or town in which the property is
located or to the District if the property is not located within a city or town.
A. Sewer Inspection and Fees. Sewer connections and house service
lines shall be inspected by the District. An inspection fee of $150.00 shall be
paid to the District for each connection to the District sanitary sewer system.
Installations that fail to conform at any time to the rules and regulations shall be
disconnected. Any customer whose connection is disconnected for such failure
shall be notified as to the basis for such disconnection. After noted deficiencies
have been corrected, a re-inspection shall be made upon payment to the District
of a re-inspection fee of $25.00, plus payment by the customer of all outstanding
charges. If subsequent re-inspections are required before the sewer connection
and service lines are in compliance with the rules and regulations, a re-inspection
fee of $25.00 shall be paid to the District for each subsequent re-inspection. Re-
inspections by the District requested after regular business hours will be charged
at a minimum of $100.00.
B. Backflow Inspections. For all backflow installations (residential and
commercial) inspected by the personnel of the District, an inspection fee of
$50.00 shall be paid to the District. Inspections that fail to conform at any time to
the rules and regulations shall be disconnected. Any customer whose
connection is disconnected for such failure shall be notified as to the basis for
such disconnection. After noted deficiencies have been corrected, a re-
inspection shall be made upon payment to the District of a re-inspection fee of
$25.00, plus payment by the customer of all outstanding charges. If subsequent
re-inspections are required, a re-inspection fee of $25.00 shall be paid to the
District for each subsequent re-inspection. Re-inspections by the District
requested after regular business hours will be charged at a minimum of $100.00.
Section 1.05. Builder’s Deposit.
A. Residence, Commercial Building or Other Structure. Each builder
of a residence, commercial building or other structure shall, at the time a request
for a water tap is made, pay a deposit of $75.00 for the first lot for which a water
tap has been requested, and $75.00 for each additional lot thereafter. The
deposit shall be refunded within ninety (90) days after the builder certifies the
sale of its last residence, commercial building or other structure within the
District, less any amounts forfeited as provided herein. The District shall deduct
from the deposit the cost to repair any damage caused to the District’s property
by the builder or the builder’s employees, contractors, subcontractors or agents
and shall deduct any delinquent water and sewer service bills of the builder. In
the event any amounts are so deducted from the builder’s deposit, it will be
incumbent on the builder to reinstate the original amount of the deposit, and
failure to do so will result in the suspension of any additional water taps for the
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builder.
B. Swimming Pool Discharge into Sanitary Sewer System. Any
backwash or drainage from a swimming pool shall discharge into the sanitary
sewer system. An indirect connection shall be made by means of an air break,
discharging into a tailpiece installed a minimum of 6” (or 152 mm) above adjacent
grade. The tailpiece shall be connected to a minimum 3” (or 76 mm) p-trap not
less than 12” (304 mm) below grade which discharges into the yard cleanout
riser. Backwash systems shall not flow onto neighboring properties or into the
storm sewer. The tie-in and inspection fee shall be $75.00 to be paid at the time
of issuance of the pool permit.
Section 1.06. Temporary Water Service.
A. Construction Meters. The District shall be authorized to make a
temporary connection to any fire hydrant or flushing valve upon request for
temporary water service. All temporary service shall be metered and billed to the
temporary customer as provided herein. All unauthorized withdrawal of water
from flushing valves, fire hydrants, or other appurtenances of the District’s
System without prior approval of the District, except for emergency fire-fighting
purposes, is prohibited.
B. Application and Deposit. Each temporary customer desiring
temporary water service shall be required to execute an application for such
temporary service and shall provide a minimum security deposit of $1,875.00 for
a three-inch (3”) meter and RPZ; $650.00 for a smaller meter and smaller RPZ.
The deposit shall be made by cashier’s check or money order payable to the
District. The deposit shall be used by the District to secure the payment for
temporary water supplied by the District, the installation fee, and the cost of
repair of any damages caused by the temporary customer. The balance of the
security deposit, if any, shall be refunded after disconnection from the District’s
System.
C. Fees and Rates. A fee of $100.00 for costs of installation, plus the
cost of the metered water, shall be charged for temporary water service. The
following rate for the sale of water for each temporary water service connection
shall be in effect from the effective date hereof until such time as the Board
amends said rate:
Gallons Used Rate
Any amount $3.02 per each 1,000 gallons
D. Temporary Meter Use Constraints. To avoid damages resulting
from freezing weather, all temporary construction and irrigation meters shall be
removed from fire hydrants at the end of each day and no later than 4:00 p.m.
beginning November 1 and through the following March 15. Any irrigation and/or
26
construction meter found still attached to a fire hydrant after 4 p.m. beginning
November 1 and through the following March 15, will be removed at a service
charge fee of $75.00. Should any irrigation and/or construction meter attached to
a fire hydrant cause damage as a result of being attached to a meter during
freezing conditions beginning November 1 and through the following March 15,
renter will be responsible for all costs associated with repair of damaged fire
hydrant, to include labor costs.
Section 1.07. Service Outside the District. The rates and charges stated in
this Rate Order are for service to customers and property located within the boundaries
of the District. Any service to a customer or property located outside the boundaries of
the District shall be granted only upon special approval by the Board of Directors of the
District. Unless other provisions are established by a special contract approved by the
Board of Directors of the District, any service to customers or property outside the
boundaries of the District shall be at the same rates and terms as specified in this Rate
Order, except that regular charges for water, sewer, and tap charges shall be doubled.
Service to Trophy Club Park at Lake Grapevine is specifically exempted from the
doubling provision of the preceding paragraph.
Section 1.08. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 256.00
Fee for MUD-made Water Tap: $1,000.00
Inspection Fee for Water Tap: $ 50.00
The $1,000.00 fee must be received by the District before any residential
connection is initially made by MUD personnel to the District’s water system, which
includes the cost for a one-inch (1”) meter.
When taps have been made by someone other than MUD personnel, there is an
installation/inspection fee of $50.00 plus the cost of the appropriate meter.
Any request by a customer for service from an oversized connection line or from
a meter larger than a one-inch (1”) standard meter shall be granted by the District only if
the customer agrees and makes suitable arrangements to pay the increased costs for
such larger line and/or meter as set out above in Paragraph 1.02.
Each customer requesting an initial connection to the District’s Water System
shall also pay to the District the cost required to be paid by the District to the City of Fort
Worth as a “water impact fee” or “water access fee” for the additional customer
connection to the Fort Worth Water System.
Section 1.09. Sewer Tap Fees. The charge for all taps of sewer lines
within the District shall be equal to the cost to the District for making such connections.
27
Section 1.10. Title to Facilities. Title to all water meters, water and sewer
taps, and all other appurtenances, including meter boxes, shall lie in the District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service. The following monthly rates for the sale of
water shall be in effect for each Separate Connection within the District from the
effective date hereof until such time as the Board of Directors amends said rates:
A. Chemically Treated Water. Water from the District’s facilities which
has been mixed, chlorinated, or otherwise treated so that it is suitable for human
use and consumption shall be at the following rates:
(1) Single-Family Homes. Each single family home shall be
billed as follows:
Basic Charge Fee (Does not include water usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000 to 12,000 gallons per month $2.71/1,000 gal
13,000 to 25,000 gallons per month $2.92/1,000 gal
26,000-plus gallons per month $3.02/1,000 gal
(2) Commercial. Each business service connection shall be
deemed to be a single-family home for purposes of water service.
(3) Clubs. Each club shall be deemed to be a single-family
home for purposes of water service.
(4) Golf Course. Each meter shall be deemed to be a single-
family home for the purposes of water service.
(5) Multi-Family Buildings.
(i) Single Meter. Each multi-family building or complex
of buildings which is served by a single meter shall be billed
for water at the same rate as a single-family home, with an
Basic Charge Fee of $11.50 times the number of units in the
building or complex.
(ii) Multiple Meters. If a multi-family building or
complex of buildings is served by more than one meter, then
water delivered through each meter shall be billed at the
same rate as a single family home, with a Basic Charge Fee
of $11.50 times the number of units served by the meter.
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(6) Public Access Parks. Any water or sewer services utilized
by the Town of Trophy Club in public access parks for the operation
and maintenance of such parks will be billed at the in-district rate.
Such water and sewer services shall be for the benefit of the
residents of the Town of Trophy Club. Use for any other purpose
shall require the services to be billed at double the rate.
B. Golf Course Irrigation Water to the Lakes.
In addition to water usage charges, when the customer requests fresh
water on the day that established the District’s peak draw from the City of
Fort Worth, the customer shall be required to pay its respective portion of
any demand rate and/or minimal payment rate as specified in the District’s
wholesale water supply contract with the City of Fort Worth. However, if
the customer’s demand is absorbed by the District with no additional
charges from Fort Worth, the District may in its discretion waive the
demand and/or minimal payment charges to the customer.
Section 2.02. Sewer Service Rates. The following monthly rates for the
collection and disposal of sewage shall be in effect for each Separate Connection within
the District from the effective date hereof until such time as the Board of Directors
amends said rates:
A. Single-Family Homes and Cottages. Each single-family home and
cottage shall be billed based upon the treated water used by such unit that
month, as follows:
Basic Charge Fee (Does not include sewer usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000-12,000 gallons per month $2.71/1,000 gal
12,000 gallons maximum per month for residential
B. Commercial Buildings (including Clubs). Each commercial building
shall be billed for sewer service at the same rate as single-family homes, based
on the treated water used by such unit that month as follows:
Basic Charge Fee (Does not include sewer usage) $11.50
0-6,000 gallons per month $2.25/1,000 gal
7,000-12,000 gallons per month $2.71/1,000 gal
13,000-25,000 gallons per month $2.92/1,000 gal
26,000-plus gallons per month $3.02/1,000 gal
C. Multi-Family Buildings. Each unit in a multi-family building or
complex of buildings shall be billed at the same rate as a single-family home,
with a Basic Charge Fee of $11.50 times the number of units in the building or
complex.
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Section 2.03. Effluent Charge. The effluent from the District’s wastewater
treatment plant will be sold pursuant to separate contracts entered into with the District
and approved by its Board of Directors. The District has contracted to sell effluent to
the Trophy Club Country Club and discharge said effluent into golf course lakes at a
charge $.55 per thousand gallons for the year 2008-2009.
Section 2.04. Stand-by Charge. For those lots subject to recorded restrictive
covenants that require or authorize the District to charge a stand-by fee for water and
sewer service where the lot has water and sewer service available but the lot is not yet
connected to the District’s system, the stand-by fee shall be $6.00 per month. Unless
otherwise provided by the terms of the recorded restrictive covenant applicable to a
particular lot, the stand-by charge shall commence on the first day of the month
following the date upon which water and sewer service is available at the property line
of the lot and the charge shall cease on the first day of the month preceding the date
upon which water and sewer use charges become due and payable to the District for
water and sewer service supplied to the lot.
Section 2.05. Master Meter (Cooling Tower Calculation).
The water usage from the master meter reading less the reading
from the “Blow Down” meter equals the “evaporation.” Water
usage less “evaporation” equals sewer usage for billing
purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water
Code, and 30 TAC291.76, the District shall pay a regulatory assessment to the Texas
Commission on Environmental Quality (“TCEQ”) annually in the amount required by law
on the total charges for retail water and sewer service billed to its customers annually.
At the end of each year, the District shall prepare a written statement indicating
(i) the total charges for retail water and sewer service for the year and (ii) the regulatory
assessment due and payable to the TCEQ.
Section 2.07. No Reduced Rates or Free Service. All customers receiving
water and/or sewer service from the District shall be subject to the provisions of this
Order and shall be charged the rates established in this Order, and no reduced rate or
free service shall be furnished to any customer whether such user be a charitable or
eleemosynary institution, a political subdivision, or municipal corporation; provided,
however, this provision shall not prohibit the District from establishing reasonable
classifications of customers for which rates differing from the rates stated herein may be
adopted.
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ARTICLE III
SERVICE POLICY
Section 3.01. Security Deposits. Security deposits shall be required as follows:
A. Builders. A $75.00 security deposit shall be required of builders for
each tap made by the District for such service connection, payable at or prior to
the time that such tap is made, and the security deposit is refundable to the
builder when the account is later transferred to an owner if that account and all
other accounts of the builder are current at the time of the transfer; but, if that
account or any other account of the same builder is not current at the time of
such transfer to an owner, then the security deposit shall be applied against the
outstanding balance of the builder’s account(s) at the time of such transfer.
B. Residential Owners. A security deposit of $50.00 shall be
required from each residential owner customer for a single-family home
connected to the District’s system. The security deposit is refundable to the
customer when the account is later closed if that account is current at the time it
is closed. However, if the account is not current at the time it is closed, then the
security deposit shall be applied against the outstanding balance of the
customer’s account at that time.
C. Residential Lessees. A security deposit of $150.00 shall be
required from each residential lessee customer for a single-family home.
D. Construction Meters. See Paragraph 1.06 above.
E. Other customers. A security deposit equal to two months’
estimated average monthly water and sewer bill shall be required of all other
customers.
Currently, the MUD/District does not pay interest on deposits. The interest
drawn by the MUD/District on customer deposits is returned into the operating
budget of the water/sewer fund to help in providing the lowest possible water and
sewer rates for our citizens.
Section 3.02. Billing Procedures. All accounts shall be billed in
accordance with the following:
A. Due Date and Delinquency. Charges for water service, sewer
service, and standby fees shall be billed monthly. Payment shall be due on or
before the twentieth (20th) day of the month in the month in which the bill was
received. Unless payment is received on or before the twentieth (20th) day of
the month, such account shall be considered delinquent. If the due date falls on
a holiday or weekend, the due date for payment purposes shall be the next
working day after the due date. The District shall charge a penalty on past due
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accounts calculated at the rate of ten percent (10%) per month on water, sewer
and standby charges. The rates for water and sewer service shall depend upon
the type of user and upon whether the water used has been chemically treated,
as provided in this Rate Order. All accounts not paid by the due date shall be
deemed delinquent and failure to make payment thereafter may result in the
termination of water and sewer service.
B. Notice and Appeal. Prior to termination of service, a customer who
is delinquent in payment shall be sent a notice that service will be discontinued
on the fifteenth (15th) day after the date of such notice unless payment in full is
received by such day. Notice shall be sent by first class United States mail and
will provide the customer with an opportunity to appear in person or by written
correspondence at a scheduled meeting of the Board of the District to contest,
explain, or correct the charges, services, or disconnection. The notice shall
inform the customer of the amount of the delinquent bill, the date service will be
disconnected if payment is not made, and of the right to contest, explain, or
correct the charges, services, or disconnection. Service shall not be
disconnected where a customer has informed the District of his or her desire to
contest or explain his bill. If the customer appears before the Board, in person or
by written correspondence, the Board shall hear and consider the matter and
inform the customer of the Board’s determination by sending written notice to the
customer by first class United States mail stating whether service will be
disconnected. If service is disconnected, it shall be reconnected only upon
payment in full of all amounts due, including any late charges, the security
deposit set out in Section 3.01, and a reconnection charge of $25.00, if the
reconnection is made during the District’s normal business hours.
Reconnections made outside of the District’s normal business hours at the
customer’s request will be charged at a reconnection fee of $25.00, plus an
additional charge of $100.00.
C. Business Hours. For purposes of assessing the foregoing
charges, “normal” or ”regular” business hours shall mean only the hours between
8 a.m. and 5 p.m., Monday through Friday, and between 7 a.m. and 9 a.m.
Saturdays, Sundays, and Holidays. All other times are outside of the District’s
normal business hours and will result in the higher charge.
D. Returned Checks. A $25.00 charge will be charged to the
customer’s account for any check returned by the bank. Any amounts due on an
account which have been paid with a check that has been returned by the bank
must be paid in full by cash, cashier’s check or money order, including all late
charges and returned check charges, within five (5) days from the day the District
hangs a notice on the customer’s door or otherwise notified the customer that the
check has been returned by the bank.
E. Confidentiality Request. A one-time charge of $5.00 shall be made
on each confidentiality request as set forth in H.B. 859.
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F. Same-Day Service. An additional charge of $25.00 shall be made
on customer requested same-day service. As an example, this charge will be
implemented upon request by a customer for same-day service to start or
terminate water and sewer service or to do re-reads the same day as requested.
G. Accuracy Reading Fee. A meter accuracy reading fee in the
amount of $10.00 shall be charged to a customer by the District for each meter
accuracy reading made by the District for such customer when the original
reading appears to be accurate. If the original meter reading appears to be in
error, no fee will be charged. Each customer will be allowed one accuracy meter
reading per calendar year at no charge. Should a customer request that the
meter accuracy reading be made by an outside source, then a fee of $35.00 will
be charged to the customer. If the original meter reading is found to be in error,
then the customer will be given a credit offsetting the amount of the charge.
Section 3.03. Entitlement. Customers are not guaranteed a specific
quantity or pressure of water or specific capacity in sewer facilities for any purpose
whatsoever; furthermore, in no instance shall the District be liable for failure or refusal to
furnish water or any particular amount or pressure of water or to provide capacity in
sewer facilities.
Section 3.04. Unauthorized and Extraordinary Waste. The rates
established herein are applicable for Domestic Waste as defined herein. Customers
proposing to generate other types of waste will be assessed additional charges as
established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than a duly
authorized agent of the District shall open a meter box, tamper with or in any way
interfere with a meter, meter box, service line or other water and/or sewer system
appurtenance. The District reserves the right, immediately and without notice, to
remove the meter or disconnect water service to any customer whose meter has
been tampered with and to assess repair charges to the customer, plus a
damage fee not to exceed $5,000.00, plus any applicable charge for same day
service.
B. Repair. It shall be the responsibility of each customer to maintain
the water and sewer lines from the point of connection to the District’s water and
sewer system to the building served. The District reserves the right to repair any
damage to the District’s System and appurtenances without prior notice and to
assess against any customer such penalties as are provided by law and such
penalties provided for in this Rate Order in addition to those charges necessary
to repair the portion of the System so damaged.
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C. Video. If at any time a resident/customer wishes to have the
District video their sewer line to help the resident determine the condition of their
sewer line, the fee will be $150.00 payable to the District assessed on the next
month’s bill.
Section 3.06. Requested Temporary Disconnection. If service is
temporarily disconnected at the customer’s request, the charge for such voluntary
disconnection shall be $10.00, and the charge for subsequently reconnecting the
service shall also be $10.00. These charges apply to connects and disconnects that
are completed during normal business hours.
Section 3.07. Easements. Before service is begun to any customer, or
once begun before reconnection is made, the person requesting such service shall
grant an easement of ingress and egress to and from the meter(s) for such
maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.08. Required Service. No service will be given from the District’s
water and sewer system unless the customer agrees to take both water and sewer
service, except that permanent irrigation only services may receive water only, and
projects under construction may, if they wish, receive water service only during the
period of such construction.
Section 3.09. Additional Charges. In all cases where services are
performed for and equipment or supplies are furnished to a party or entity not within
MUD 1, the charge to said party or entity shall be the MUD’s cost of providing such
services, equipment and/or supplies, plus 15%. This shall not apply to services;
equipment and/or supplies furnished by MUD 1 under an existing Interlocal Agreement
nor to the rates MUD 1 charges for out-of-district water and sewer service.
ARTICLE IV
INDUSTRIAL WASTE
Section 4.01. Policy. The following policy regarding industrial waste shall
be effective:
A. Definition. “Industrial waste” shall mean the water-borne solids,
liquids, and/or gaseous wastes (including Cooling Water), resulting from any
industrial, manufacturing, trade, business, commercial, or food processing
operation or process, or from the development of any natural resource, or any
mixture of such solids, liquids, or wastes with water or domestic sewage. The
Clean Water Act of 1977, as amended, and the General Pretreatment
Regulations contained in 40 C.F.R. §403 contain the requirements for user’s
discharge of industrial waste into wastewater facilities.
B. Industrial Waste Discharge-Charges and Rates. If any customer of
the District’s sanitary sewer system proposes to discharge industrial waste into
34
such system, the Board of Directors of the District shall request the
recommendation of the District Engineer and shall establish rates and charges to
provide for an equitable assessment of costs whereby such rates and charges for
discharges of industrial waste correspond to the cost of waste treatment, taking
into account the volume and strength of the industrial, domestic, commercial
waste, and all other waste discharges treated and techniques of the treatment
required. Such rates shall be an equitable system of cost recovery which is
sufficient to produce revenues, in proportion to the percentage of industrial
wastes proportionately relative to the total waste load to be treated by the District
for the operation and maintenance of the treatment works, for the amortization of
the District’s indebtedness for the cost as may be necessary to assure adequate
waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall rely upon the
recommendation of the District Engineer and shall require
pretreatment of any industrial waste that would otherwise be
detrimental to the treatment works or to its proper and efficient
operation and maintenance or will otherwise prevent the entry of such
industrial waste into the treatment plant.
ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil
penalties for breach of any rule of the District: The violator shall pay the District
twice the costs the District has sustained due to the violation up to $5,000.00. A
penalty under this Section is in addition to any other penalty provided by the laws
of this State and may be enforced by complaints filed in the appropriate court of
jurisdiction in the county in which the District’s principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the same
action, recover any reasonable fees for attorneys, expert witnesses, and other
costs incurred by the District before the court. The court shall fix the amount of
the attorneys’ fees.
B. Liability for Costs. Any person violating any of the provisions of this
Order and/or the rules and regulations governing water and sanitary sewer
facilities, service lines, and connections shall become liable to the District for any
expense, loss or damage occasioned by the District by reason of such violation,
and enforcement thereof shall be in accordance with Paragraph A of Section
5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to enforce
any section, clause, sentence, or provision of this Order shall not constitute a waiver of
35
the right of the District later to enforce any section, clause, sentence, or provision of this
Order.
Section 5.03. Appeal. Any determination by the District of any dispute
regarding the terms and provisions of this order may be appealed to the Board of the
District, which shall conduct a hearing on the matter. The District shall provide the
customer with information regarding appeals and hearing procedures upon the
customer’s request.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and specifically
reserves the right to change, alter or amend any rate or provision of this Order at any
time.
Section 6.02. Severability. The provisions of this Order are severable, and
if any provision or part of this Order or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Order and application of such
provision or part of this Order shall not be affected thereby.
Section 6.03. Headings. The section and paragraph headings used herein
are for reference only and are not to be construed as part of the text of the section or
paragraph.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the “2009-1 Rate Order” (Order 2009-0204) of
the District. All previous Orders adopted by the Board of Directors pertaining to the
subject matter hereof are each hereby repealed in their entirety as of the effective date
hereof.
ARTICLE VIII
EFFECTIVE DATE
This Order shall be effective February 5, 2009.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open to the
public as required by law, and that public notice of the time, place, and subject matter of
said meeting and of the proposed adoption of this Order was given as required by law.
36
PASSED, ADOPTED, ORDERED, AND APPROVED this 4th day of February
2009.
__________________________
DEAN HENRY, President
Board of Directors, Trophy Club
Municipal Utility District No. 1
ATTEST:
(Seal)
_____________________________
CONSTANCE S. WHITE, Secretary
Board of Directors, Trophy Club
Municipal Utility District No. 1
37
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.9
Discuss and take appropriate action regarding amendment to the Information Form
required by Section 49.455 of the Texas Water Code.
EXPLANATION:
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.
RECOMMENDATION:
Staff recommends approval.
(bw/mm)
Attachments: 1. Amendment to the Information Form
38
AMENDMENT TO INFORMATION FORM
For
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
STATE of TEXAS}
COUNTY of DENTON }
COUNTY of TARRANT}
We the undersigned, constituting a majority of the Board of Directors of Trophy Club
Municipal Utility District No. 1 (the “District”), of Denton and Tarrant Counties, Texas, do
hereby make and execute this Amendment to the District’s Amended Information Form,
dated September 12, 1989, and recorded in Volume 2648, Page 909, as recorded in
Denton County, and recorded in Volume 9704, Page 582, as recorded in Tarrant
County, as previously amended on October 1, 2002 in compliance with Section 49.455,
Texas Water Code, as amended. We do hereby certify as follows:
3. Tax Rate. The most recent rate of the District taxes on property located
in the District is as follows:
$0.2250 on each $100 of assessed valuation (tax rate for 2008-2009, as
approved by the Board of Directors of the District on September 9, 2008).
8. Form of Notice to Purchasers. The particular for of Notice to Purchaser,
required by Section 49.452 of the Texas Water Code, to be furnished by a seller to a
purchaser of real property in the District, with all information required to be furnished by
the District completed, is attached hereto as Exhibit 1, and is thereby made a part of this
Information Form for all purposes.
WITNESS OUR HANDS this 4th day of February, 2009.
__________________________________
Dean Henry, President
___________________________________
Gary Cantrell, Vice President
___________________________________
Constance S. White, Secretary/Treasurer
___________________________________
Jim Hase, Director
____________________________________
Neil Twomey, Director
39
STATE of TEXAS}
COUNTY of DENTON }
COUNTY of TARRANT}
BEFORE ME, the undersigned, a Notary Public, in and for said County and
State, on this day personally appeared Dean Henry, Gary Cantrell, Constance S. White,
Jim Hase, and Neil Twomey, known to me to be the persons and officers whose names
are subscribed to the foregoing instrument and affirmed and acknowledged that said
instrument is correct and accurate to the best of their knowledge and belief, and that
they executed the same for the purposes and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of February,
2009.
______________________________
Notary Public
(SEAL)
COMMISSION EXPIRES: __________________
40
NOTICE TO PURCHASERS
IN TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
(Pursuant to Texas Water Code, Section 49.452)
The real property, described below, that you are about to purchase is located in
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (the "District"). The District has taxing
authority separate from any other taxing authority and may, subject to voter approval, issue an
unlimited amount of bonds and levy an unlimited rate of tax in payment of such bonds. As of
this date, the rate of taxes levied by the District for the 2008-09 tax year on real property located
in the District is $0.22500 on each $100 of assessed valuation. The total amount of bonds,
excluding refunding bonds and any bonds or any portion of bonds issued that are payable solely
from revenues received or expected to be received under a contract with a governmental entity,
approved by the voters and which have been or may, at this date, be issued is $12,344,217.00,
and the aggregate initial principal amounts of all bonds issued for one or more of the specified
facilities of the district and payable in whole or in part from property taxes is $11,115,000.00.
The district has the authority (under restrictive covenants applicable to certain property
in the district) to adopt and impose a standby fee on property in the district that has water,
sanitary sewer, or drainage facilities and services available but not connected and which does
not have a house, building, or other improvement located thereon and does not substantially
utilize the utility capacity available to the property. The district may exercise the authority
without holding an election on the matter. As of this date, the most recent amount of the
standby fee is $6.00 per lot, per month. An unpaid standby fee is a personal obligation of the
person that owned the property at the time of imposition and is secured by a lien on the
property. Any person may request a certificate from the district stating the amount, if any, of
unpaid standby fees on a tract of property in the district.
The District is located in part within the corporate boundaries of the Town of Trophy Club
(a home-rule municipality), in part within the corporate boundaries of the Town of Westlake (a
general-law municipality), in part within the extraterritorial jurisdiction of the Town of Trophy
Club, and in part within the extraterritorial jurisdiction of the Town of Westlake. With respect to
property located within the corporate boundaries of a municipality, the taxpayers of the District
are subject to the taxes imposed by the municipality and by the District until the District is
dissolved. By law (Texas Local Government Code Section 43.076(d)), a District located wholly
in two or more municipalities and in unincorporated area may be abolished by agreement
among the District and all of the municipalities in which parts of the District are located, and
without the consent of the voters of the district.
The purpose of this District is to provide water, sanitary sewer, and services within the District
through the issuance of bonds payable in whole or in part from property taxes. The cost of
these utility facilities is not included in the purchase price of your property, and these utility
facilities are owned or to be owned by the district. The legal description of the property you are
acquiring is as follows:
____________________________________________________________________________
____________________________________________________________________________.
____________________________________ ________________
Signature of Seller Date
41
NOTARY ACKNOWLEDGMENT FOR SELLER:
THE STATE OF TEXAS)
COUNTY OF _______ _)
This instrument was acknowledged before me on ________________________, 20___,
by _____________________________________.
[seal] ___________________________________
Notary Public, State of Texas
My commission expires: ________
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS
SUBJECT TO CHANGE BY THE DISTRICT AT ANY TIME. THE DISTRICT ROUTINELY
ESTABLISHES TAX RATES DURING THE MONTHS OF SEPTEMBER THROUGH
DECEMBER OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE DISTRICT
APPROVES THE TAX RATES. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO
DETERMINE THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE
INFORMATION SHOWN ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or
prior to execution of a binding contract for the purchase of the real property described in such
notice or at closing of purchase of the real property.
___________________________________ ____________________
Signature of Purchaser Date
NOTARY ACKNOWLEDGMENT FOR PURCHASER:
THE STATE OF TEXAS)
COUNTY OF _______ _)
This instrument was acknowledged before me on ________________________,
20____, by _____________________________________.
[seal]
_____________________________
Notary Public, State of Texas
My commission expires: ________________
For Further Information Contact:
Trophy Club MUD No. 1
100 Municipal Dr.
Trophy Club, TX 76262
682.831.4685
42
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.10
Discussion regarding proposed letter to Mayor and Town Manager regarding
staffing of Finance Department. (Director Hase)
EXPLANATION:
For discussion only.
43
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.11
Discuss and take appropriate action regarding Firefighter Robert Brown losing his
home to a fire on Wednesday, January 27th, 2009.
EXPLANATION:
For discussion and probable action.
44
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.B.12
Discuss and take appropriate action to establish a reserve policy for MUD 1.
EXPLANATION:
This was on the list for Future Agenda Items and was slated for February. Check with
Dean and/or Neil to confirm they still want or put back on list for later date.
Minutes for November 11, 2008:
B.1 Discuss and take appropriate action regarding establishing a policy for
MUD 1 reserves. (Director Twomey)
Director Twomey explained a PowerPoint presentation regarding establishing a
Reserve Policy for MUD 1, and solicited input from the Board.
Attorney West arrived at 5:50 p.m.
Director Cantrell moved to establish a committee of Directors, Twomey and Hase, to
work on establishing a policy for MUD 1 Reserves and to report back no later than
February. Director Twomey seconded the motion. Floor opened for discussion. Motion
passed unanimously. Director Cantrell amended his motion to add up to three (3)
citizens to the committee as needed by the committee. Director Twomey agrees.
Amended motion passed unanimously.
RECOMMENDATION:
(nt)
45
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.C.1
Receive District Manager's Report
a. Item(s) for future agenda(s)
(mm)
46
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.C.2
Receive Finance Director's Report
a. 2008 Certified Appraisal Analysis (Finance)
b. Provide Update
EXPLANATION:
47
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.C.2
Receive Update ~ Communications Process
a. Director Cantrell
1. Town of Westlake
2. Tarrant County Appraisal District
b. Director White - Town of Trophy Club updates
c. Director Hase - Consolidation Task Force Committee Update - Receive
and discuss update on consolidation task force meetings through the date of
January 28, 2009.
EXPLANATION:
From the December 8th MUD 1 meeting: Director Cantrell requested to add an update on
the communications process; Cantrell - Westlake and Town Council (Director White).
48
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District 1 Date: 2-4-2009
Subject: Agenda Item No.D.1
Review and Approve Minutes
a. January 7, 2009 - Regular Session minutes
b. January 13, 2009 - Special Session minutes
EXPLANATION:
(mm)
Attachments: 1. Minutes
49
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
January 7, 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, January 7, 2009, at 5:00 p.m.,
in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club,
Texas 76262.
DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Danny Thomas Fire Chief
Mary Moore MUD Secretary
Bob West Attorney
REGULAR SESSION
A.1 Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 5:00 p.m.
A.2 Public Comments or Presentations.
No public present.
B.1 Discuss and take appropriate action concerning consolidation of MUDs 1
and 2.
Director Twomey advised the Consolidation Task Force met last night (Tuesday). Updated
information sheets were distributed to the Board, showing spreadsheets and tax rates.
Director Cantrell suggested showing 2 or 3 timelines of where the money goes with terms, and
offered to help Director Twomey. Cantrell agrees with everything; however, Cantrell suggested
showing timelines instead of spreadsheets.
Director Twomey explained that because we stretched out PID fees, there is a gap where the
MUDs are not receiving any PID income. Asked Board to look over the documentation
distributed and be ready to discuss at tomorrow night’s Master District meeting. Twomey
advised we have asked Town for their cost-benefit analysis.
After the next consolidation meeting, Director Hase proposes to issue a formal letter to the MUD
Boards stating that the Task Force study is finished, simply waiting on Town to decide which
option they wish to go with. If Town goes with assumptive, they will have to spread debt over
50
entire Town, which includes the PID. MUDs are waiting for Town to tell Task Force how they
plan to handle MUD 2’s debt.
Director Hase advised the Town is not bound by ballot language as the MUDs are for
consolidation. Hase believes there is no need for the Task Force to meet after next Tuesday,
as the MUD’s portion will be complete.
Attorney West advised he talked to Pete Tart in early December about the consolidation of the
two MUDs, which will require an agreement between the two MUDs. This agreement will need
to go to the Attorney General’s office. Pete Tart would assemble the agreement and get it to
Attorney West. This will need to go on February or at the latest March agenda.
Director Hase hopes to wrap up the consolidation at February meeting. Are we going to merge
the debt or not merge the debt or let the voters decide? He suggests that the Board decide.
Director Henry stated that we will have to provide information to the MUD 1 residents, adding
that we can call a special meeting if necessary.
Director Hase asked who is going to develop the ballot language.
Attorney West stated it would probably be Pete Tart. It is West’s understanding that the ballot
language will state to approve consolidation according to the plan, and then in the plan it is
spelled out whether to merge the debt. Attorney West to verify if the ballot language has to be
Attorney General’s office within 60 or 90 days. If 90 days, it would need to be February 9th.
MUD 2 Board agreed to hold their next meeting date on Wednesday, February 4th at 5 p.m.
No action.
B.2 Discuss and take appropriate action concerning amendment of the 2008
Master District Contract between MUD 1 and MUD 2.
Director Henry stated that the Board asked Counsel to review the MD contract for any
amendments that might need to be made with regarding to possible consolidation.
Attorney West advised he looked at the Master District contract, specifically regarding
Termination – Paragraph 15, that if the two MUDs consolidate, the contract becomes null and
void. Also, the agreement would also terminate if one of the MUDs were to go away, leaving
the surviving MUD to operate the remaining operations. Attorney West has also submitted this
to Attorney Liston for her review, and she has offered her approval of the Amended version.
Attorney West suggests carrying this agenda item on future agendas until further notice.
Director Hase stated that there are two other contracts between MUDs 1 and 2. One is for the
Fire Operations and the second is for the Water Tanks. Attorney West stated he is aware of the
Fire Operations contract; however, he will look at the contract relating to the Water Tanks.
Director Henry moved to approve the First Amendment of the 2008 Master District Contract,
Paragraph 15, as recommended. Director Cantrell seconded the motion. Floor opened for
discussion.
51
Director Cantrell stated this makes perfect sense. We’re all citizens of Trophy Club. This is just
defining the operational process.
Attorney West believes that this is required under Partnership Law.
Director Cantrell wondered why this was not in there in the first place.
Motion carried unanimously.
B.3 Receive Update on Status of New Fire Station.
Fire Chief Thomas advised that we are waiting on the check to be signed. Once signed, the
Bond Package will be submitted to TCEQ. It is being submitted for two sites.
Attorney West advised that if MUD 2 is taken by Town, Town would take over assets as well as
debt of MUD 2, including promissory notes held by MUD 2.
Director Hase asked if the Town were to take over MUD 2, if the Town would have access to the
funds in the Master District account? Also, would there would be any advantage of creating a
promissory note prior to consolidation. Should we all transfer all of our funds to the Fire
Department?
President Henry stated that MUD 2’s contribution to the Master District would still be valid
should Town take over MUD 2.
Attorney West stated that the money that is in the Master District account, you would allocate
the assets according to the Master District Contract.
No action.
B.4 Discuss and take appropriate action regarding submission of Bond
Application to TCEQ for new Fire Station.
No discussion or action.
C.1 Receive District Manager's Report
a. Audit
b. Items for future agendas
District Manager Scott advised the Board the audit is still pending. Directors Twomey and Hase
make up the Audit Committee.
City of Fort Worth Water will be meeting with its customers to discuss a new contract. Scott
suggests two members from each MUD to meet with Fort Worth Water.
Scott advised we had to pay TCEQ for revenue we take in.
Scott advised that he has met with three banks and the last bank, Prosperity Bank, stated the
MUDs looked favorable to get a three-year loan for the membrane filters, and we should have
an answer at tomorrow’s Master District meeting.
C.2 Receive Update ~ Communications Process
a. Director Cantrell - Town of Westlake
52
b. Director White - Town of Trophy Club
Director Cantrell advised he met about a month and a half ago for an hour and a half with Mr.
Thomas Brymer, Town Manager for Town of Westlake; discussed working with surrounding
Towns, goal is to look at shared services, before recent economic crunch hit. Invited Cantrell or
any MUD representative to talk about new fire station and fire services, EMS would be Town.
Very open-minded, might consider at some time, allocating for MUD 1 some compensation for
their fire department in Solana area – we provide the water. Cantrell advised the plan is to meet
quarterly. Cantrell asked for input from other directors. Cantrell advised they feel like they are
receiving good service.
Director Cantrell advised he and Director Twomey met with three people from Tarrant County
Appraisal District. They found 51 accounts worth approximately 22.4 million dollars that will be
added in supplements, amounting to over $60,000. Additionally, they missed about $5 million
dollar in real estate. They missed all of the leasing companies worth about $17 million. Those
were given to Southlake. Cantrell is still concerned about TXU and other utilities and how
Tarrant County Appraisal District handles those accounts. Cantrell will be going to Denton
County next. He feels that they may have missed some homes.
Director Twomey advised Director Cantrell came very prepared to the meeting with Tarrant
County Appraisal District; adding that his background with Verizon came in handy.
Director White advised she met with Town Manager Emmons and addressed some
communication issues.
D.1 Review and Approve Minutes
a. November 22, 2008 - Joint Session
b. December 9, 2008 - Regular Session
c. December 16, 2008 - Special Session
Director Henry moved to approve the minutes for November 22, 2008. Director Cantrell
seconded the motion. Floor opened for discussion. Motion carried unanimously.
Director Twomey moved to approve the minutes for December 9, 2008 and December 16, 2008.
Director Hase seconded the motion. Motion carried unanimously.
D.2 Review Monthly Tax Collection Report
a. November 2008
Board reviewed the November Tax Collection Report; no action taken.
D.3 Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, February 10, 2009, 6:00 p.m.
The Board agreed to meet on Wednesday, February 4th, 2009 at 5:00 p.m.
D.4 Items for Future Agenda
1. Further review of McLain's study relating to organizational costs for MUD 1. (Twomey)
2. Establish MUD 1 reserves policy. (February - Committee Members Twomey and Hase
to provide report/update.)
3. Research ramifications should Town take over MUD 2. (12/08)
Director Twomey suggested Attorney West and District Manager Scott develop a checklist to
make sure we are on target for consolidation with regard to election language, ballot language,
53
etc. Attorney West advised that Attorney Liston has created such a list and he will check with
her and advise.
F.1 Adjourn.
Meeting adjourned at 6:20 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
Mary Moore, MUD Secretary
54
MINUTES OF SPECIAL SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
January 13, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Special Session on Tuesday, January 13, 2009, at 4:45 p.m., in the Boardroom
of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
REGULAR SESSION
A.1 Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 4:45 p.m.
A.2 Public Comments or Presentations.
Mr. Larry Hoover of 1118 Berkshire Court addressed the Board. Mr. Hoover spoke in opposition
of the Town taking over MUD2 and in favor of the MUDs consolidating.
B.1 Discuss and take appropriate action to approve TexPool Bank Resolution,
amending authorized representatives on Texpool signature accounts.
President Henry moved to approve the TexPool Bank Resolution, amending the authorized
signature accounts to include District Manager Scott, President Henry, and Director Hase.
Director Twomey seconded the motion. Motion carried unanimously.
F.1 Adjourn.
Meeting adjourned at 4:55 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
Mary Moore, MUD Secretary
55
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.D.2
Review and Approve Disbursements and Variance Report
a. November 2008
EXPLANATION:
Attachments: 1. November 2008 Variance Report
56
57
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.D.3
Review Monthly Tax Collection Report
a. December 2008
EXPLANATION:
(mm)
Attachments: 1. December 08 Tax Collection Report
58
59
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.D.4
Set Next Meeting Date
Next regularly scheduled meeting date: Tuesday, March 10, 2009, 6:00 p.m.
EXPLANATION:
(mm)
Attachments: 1. Calendar
60
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.D.5
Items for Future Agendas
1. Further review of McLain's study relating to organizational costs for MUD
1. (Twomey)
2. Research ramifications should Town take over MUD 2. (12/08)
3. Develop a checklist with regard to election/ballot language for
consolidation.
EXPLANATION:
(mm)
61
MUNICIPAL UTILITY DISTRICT #1
From: The Office of the Municipal Utility District#1 Date: 2-4-2009
Subject: Agenda Item No.F.1
Adjourn.
(mm)