HomeMy WebLinkAboutMay 12,2009 Regular Session PacketTrophy Club Municipal Utility District
No. 1
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, TX 76262
Svore Municipal Building Boardroom6:00 PMTuesday, May 12, 2009
REGULAR JOINT MEETING
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 to meet in Joint Session with
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2.
Call to order and announce a quorum.
Public Comments or Presentations
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION (JOINT)
1. 09-75-M1 Discuss and take appropriate action regarding a Resolution to amend the fiscal
year October 1, 2008 through September 30, 2009 budget for Trophy Club
Municipal Utility District No. 1.
M1-R-2009-0512-BudgetAmndmnt.pdf
M1-2009-0512-Budget Amndmnt No 1 EXHIBIT A.pdf
Attachments:
2. 09-68-M1 Review and Approve Disbursements & Variance Report
a. March 2009
M1 March09 Financials Variance Report.pdf
M1Explanation of Variances-March09 .pdf
Attachments:
3. 09-65-M1 See Supplemental Agenda to canvass election returns.
4. 09-77-M1 Discuss and take appropriate action regarding the passage, adoption,
entering, approval, and recording of an order, resolution, or other document as
may be necessary to evidence the consolidation of Trophy Club Municipal
Utility District No. 1 and Trophy Club Municipal Utility District No. 2 into one
Municipal Utility District to be known as Trophy Club Municipal Utility District
No. 1.
5. 09-76-M1 Discuss and take appropriate action concerning the Town’s Plan to Abolish
and Absorb MUD2.
TCMUD 1 Page 1 of 145 Meeting Date: May 12, 2009
May 12, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
6. 09-73-M1 Discuss and take appropriate action concerning shared employees.
7. 09-63-M1 Discuss and take appropriate action regarding Order 2009-0512-A,
establishing Mary Moore as Records Management Officer for MUD 1.
M1-Order-2009-0512-A-RMO.pdfAttachments:
8. 09-64-M1 Discuss and take appropriate action regarding acceptance of the revised MUD
Records Retention Schedule and a revised MUD Records Management Plan.
2009 RECORDS RETENTION SCHEDULE.pdfAttachments:
9. 09-66-M1 Discuss and take appropriate action regarding Order 2009-0512-B, adopting a
revised Drought Contingency Plan.
M1-Order-2009-0512-B-RvsdDroughtContingencyPlan.pdf
2009 Revised Drought Contingency Plan.pdf
Attachments:
10. 09-67-M1 Review and Approve Minutes:
a. April 14, 2009 - Regular Session
b. April 14, 2009 - Joint Session
M1 Minutes 041409.pdf
M1-M2Joint Minutes 041409.pdf
Attachments:
11. 09-69-M1 Review Monthly Tax Collection Report
a. March 2009
M1 Tax Report March 09.pdfAttachments:
12. 09-70-M1 Next Meeting Date
a. Tuesday, June 9, 2009 at 6:00 p.m.
b. Possible special meeting before end of May
JuneCalendar.pdfAttachments:
13. 09-71-M1 Items for Future Agendas
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:
TCMUD 1 Page 2 of 145 Meeting Date: May 12, 2009
May 12, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
A. Receive legal advice regarding Consolidation of MUDs 1 and 2.
B. Receive legal advice regarding the Town Plan to Abolish and Absorb MUD2.
C. Receive legal advice regarding status of the pending litigation with the Town.
RECONVENE INTO REGULAR SESSION
14. 09-43-M1 Discuss and take appropriate action relative to discussions held in Closed Session.
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 145 Meeting Date: May 12, 2009
May 12, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
CERTIFICATION)
THE STATE OF TEXAS)
COUNTY OF DENTON)
COUNTY OF TARRANT)
THIS CERTIFIES THAT ON FRIDAY, MAY 8TH, 2009 AT OR BEFORE 5:00 P.M., A
COPY OF THE ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL
UTILITY DISTRICT NO. 1,TO BE HELD ON TUESDAY, MAY 12TH, 2009, WAS POSTED
ON THE FRONT WINDOW OF THE TROPHY CLUB M.U.D. ADMINISTRATION
BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS, WHICH IS A PLACE
CONVENIENT TO THE PUBLIC WITHIN THE BOUNDARIES OF THE DISTRICT, AND A
COPY WAS ALSO PROVIDED TO THE COUNTY CLERKS OF DENTON AND TARRANT
COUNTIES, TO BE POSTED ON A BULLETIN BOARD AT A PLACE CONVENIENT TO
THE PUBLIC IN SUCH COUNTY COURT HOUSES, PURSUANT TO SECTION 49.063 OF
THE WATER CODE AND SECTION 551.054 OF THE OPEN MEETINGS ACT, CHAPTER
551 TEXAS GOVERNMENT CODE.
_____________________
Mary Moore
MUD Secretary
THIS FACILITY IS WHEELCHAIR ACCESSIBLE AND ACCESSIBLE PARKING SPACES
ARE AVAILABLE. REQUESTS FOR ACCOMMODATIONS OR INTERPRETATIVE
SERVICES MUST BE MADE 48 HOURS PRIOR TO THIS MEETING. PLEASE CONTACT
MARY MOORE AT (682) 831-4685 OR FAX YOUR REQUEST TO (817) 490-0705.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2009
________________________________, Title: ___________________________
TCMUD 1 Page 4 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-75-M1
File ID: Type: Status: 09-75-M1 M1 Resolution Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
05/05/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding a Resolution to amend the fiscal
year October 1, 2008 through September 30, 2009 budget for Trophy Club
Municipal Utility District No. 1.
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1-R-2009-0512-BudgetAmndmnt.pdf
,M1-2009-0512-Budget Amndmnt No 1 EXHIBIT
A.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-75-M1
Discuss and take appropriate action regarding a Resolution to amend the fiscal year October 1,
2008 through September 30, 2009 budget for Trophy Club Municipal Utility District No. 1.
As discussed at the April 2009 meeting, Finance Director DuBose is bringing forth budget amendments for the
MUD 1 Budget.
TCMUD 1 Page 5 of 145 Meeting Date: May 12, 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2009-0512
A RESOLUTION TO APPROVE FY2008-2009
BUDGET AMENDMENT FOR TROPHY CLUB MUD NO. 1
A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1 (TCMUD No. 1), OF DENTON AND TARRANT COUNTIES,
TEXAS; AMENDING THE FISCAL YEAR OCTOBER 1, 2008 THROUGH
SEPTEMBER 30, 2009 BUDGET; PROVIDING FOR AN AMENDMENT;
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the TCMUD No. 1 annual budget for the fiscal year beginning
October 1, 2008 and ending September 30, 2009, was approved and adopted within the
time and in accordance with Section 49.057(b) of the Texas Water Code; and
WHEREAS, TCMUD No. 1 hereby finds and determines that it is prudent to
amend the line items due to unforeseen situations that have occurred in the District; and
WHEREAS, TCMUD No. 1 further finds that these amendments will serve in the
public interest and are necessary to support District operations; and
WHEREAS, TCMUD No. 1 finds and determines that the change in the Budget
for the stated district purpose serves the best interests of the taxpayers, is necessary
and warrants action at this time;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
Section 1. That the Fiscal Year 2008-2009 Budget is hereby amended to fund
the line items as stated in Exhibit “A.” This Amendment No. 1 to the Original
Budget of the Trophy Club Municipal Utility District No. 1, for the Fiscal Year
2008-2009, shall be attached to and made part of the Original Budget and said
budget amendment shall be on file for public inspection in the office of the
District. Furthermore, this Amendment No. 1 (Exhibit “A”) is attached,
incorporated into and made a permanent portion of this Resolution. This
Resolution is hereby approved and shall constitute the first budget amendment
that has occurred since the October 1, 2008 effective date of the Trophy Club
Municipal Utility District No.1 Budget.
TCMUD 1 Page 6 of 145 Meeting Date: May 12, 2009
Section 2. That if any word, sentence, section, subsection, subdivision,
paragraph, clause, phrase or provision of this Resolution shall be adjudged
invalid or held unconstitutional, the same shall not affect the validity of this
resolution as a whole or any part of the provision hereof other than the part so
decided to be invalid or unconstitutional.
Section 3. That all provisions of the resolutions of the District’s Board of
Directors in conflict with the provisions of this resolution shall be and the same
are hereby repealed and all other provisions of the resolutions of the TCMUD No.
1 Board not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 4. That this resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal
Utility District No. 1, this the 12th day of May, 2009.
___________________________
Dean Henry, President
Trophy Club MUD No. 1
(SEAL)
ATTEST:
_____________________________
Constance S. White, Secretary
Trophy Club MUD No. 1
TCMUD 1 Page 7 of 145 Meeting Date: May 12, 2009
CERTIFICATE OF RESOLUTION (2009-0512)
THE STATE OF TEXAS }
COUNTY OF DENTON }
COUNTY OF TARRANT}
I, the undersigned member of the Board of Directors of the Trophy Club
Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"),
hereby certify as follows:
1. That I am the duly qualified and acting Secretary of the Board of Directors of
the District, and that, as such, I have custody of the minutes and records of the District.
2. That the Board of Directors of the District convened in Open Session at a
Regular Meeting on May 12, 2009, at the regular meeting place thereof, and the roll was
called of the duly constituted officers and members of the Board of Directors, to wit:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary-Treasurer
Jim Hase Asst. Secretary
Neil Twomey Director
and Directors Henry, Cantrell, White, Hase and Twomey were present, thus constituting
a quorum, whereupon, among other business, the following was transacted at such
meeting: a written
RESOLUTION (2009-0512) APPROVING BUDGET AMENDMENT
FOR FY2007-2008 FOR TROPHY CLUB MUD NO. 1
was duly introduced for the consideration of the Board of Directors of the District. It was
then duly moved and seconded that such Resolution be adopted and, after due
discussion, such motion, carrying with it the adoption of such Resolution, prevailed and
carried by the following vote:
AYES:
NOES:
TCMUD 1 Page 8 of 145 Meeting Date: May 12, 2009
3. That a true, full and correct copy of such Resolution adopted at such
meeting is attached to and follows this certificate; that such resolution has
been duly recorded in the minutes of the Board of Directors for such
meeting; that the persons named in the above and foregoing Paragraph 2
were the duly chosen, qualified and acting officers and members of the
Board of Directors as indicated therein, that each was duly and sufficiently
notified officially and personally, in advance, of the time, place and
purpose of such meeting, and that such Resolution would be introduced
and considered for adoption at such meeting, and that each consented, in
advance, to the holding of such meeting for such purpose; that the
canvassing of the officers and members of the Board of Directors present
at and absent from such meeting and of the votes of each on such motion,
as set forth in the above and foregoing Paragraph 2, is true and correct;
and that sufficient and timely notice of the hour, date, place and subject of
such meeting was given and posted as required by Chapter 551, Texas
Government Code, as amended.
SIGNED AND SEALED the 12th day of May 2009.
_________________________________
Constance S. White
Secretary, Board of Directors
(SEAL)
TCMUD 1 Page 9 of 145 Meeting Date: May 12, 2009
TCMUD No. 1
Resolution 2009‐0512
EXHIBIT A
Trophy Club Municipal Utility District No.1
Budget Amendment No. 1
Fiscal Year 2008‐2009 Expenditure Increase Budget Amendment of $ 240,250
for loan to Municipal Utility District (MUD) 2
Fiscal Year 2008‐2009 Expenditure Increase Budget Amendment of $ 85,000
for legal services
Fiscal Year 2008‐2009 Expenditure Increase Budget Amendment of $ 2,805
for election expenses
Original Budget Amendment Amended Budget
Loan to MUD No. 2 $ ‐0‐ $ 240,250 $ 240,250
Legal Services 10,800 85,000 95,800
Election Expense ‐0‐ 2,805 2,805
Total MUD No.1 $ 785,244 $ 328,055 $ 1,113,299
TCMUD 1 Page 10 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-68-M1
File ID: Type: Status: 09-68-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/29/2009File Created:
Final Action: *File Name:
Title: Review and Approve Disbursements & Variance Report
a. March 2009
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1 March09 Financials Variance Report.pdf
,M1Explanation of Variances-March09 .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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-68-M1
Review and Approve Disbursements & Variance Report
a. March 2009
[Enter body here.]
TCMUD 1 Page 11 of 145 Meeting Date: May 12, 2009
Municipal Utility District 1 - O&M
March 2009
6/12 Months (50% of Fiscal Year)
CURRENT FISCAL YEAR, 2008-09
March Year-to-
*Budget 2009 Date Y-T-D Y-T-D
FY 2008-09 Actual Actual Variance % of Budget
REVENUES
PROPERTY TAXES - MUD 1 77,927$ 2,545$ 79,009$ 1,082$ 101.4%
PROPERTY TAXES - MUD FIRE 607,148 19,762 616,778 9,630 101.6%
UTILITY FEES 86,250 9,775 34,500 (51,750) 40.0%
INTEREST INCOME 10,000 199 2,667 (7,333) 26.7%
RENT INCOME FROM MUD FIRE 154,000 - 154,000 - 100.0%
TOTAL REVENUES 935,325 32,281 886,953 (48,372) 94.8%
EXPENSES
SALARIES & BENEFITS 10,084 1,606 7,831 (2,253) 77.7%
LEGAL SERVICES 10,800 - 32,257 21,457 298.7%
PROFESSIONAL FEES 27,001 1,220 23,981 (3,020) 88.8%
OPERATIONS & MAINTENANCE 10,663 23 5,732 (4,931) 53.8%
ELECTION EXPENSE - - 2,803 2,803 -
TRANSFER TO MUD 1 ITEREST &SINKING FUND 90,169 90,169 90,169 - 100.0%
TRANSFER TO FIRE DEPARTMENT 607,148 (140,057) 430,970 (176,178) 71.0%
LOAN TO MUD 2 - 240,250 240,250 240,250 -
MUD 2 WATER PLANT RENOVATION 29,379 29,379 29,379 -100.0%
TOTAL EXPENDITURES 785,244 222,589 863,371 78,127 109.9%
EXCESS/(DEFICIT)150,081$ (190,309)$ 23,582$
*Budget ammendments on May 12, 2009 agenda.
TCMUD 1 Page 12 of 145 Meeting Date: May 12, 2009
Municipal Utility District 1 - O&M
March 2009
6/12 Months (50% of Fiscal Year)
R
EVENUES
Property Taxes – Property taxes are billed and due in October. Most payments are received in December
and January before they become delinquent on February 1st. During the fiscal year, supplemental
assessments are billed and paid allowing collections to exceed budget which was based on the July, 2008
certified appraisal roll.
Utility Fees – PID Utility fees of $2,300 per lot are assessed and paid as lots are sold. These fees are
allocated 25% to MUD 1 and 75% to MUD 2, or $575 and $1,725 respectively. The 2008-2009 fiscal year
revenue through March, 2009 reflects 60 lots.
Interest Income – The estimated balance available for investment did not reflect the unbudgeted additional
transfer to the Fire Department or the $240,250 loan to MUD 2.
Rent Income from MUD Fire – The MUD Fire Department pays $308,000 for annual rent. Fifty percent on
the payment of the payment is made to MUD 1 and fifty percent to MUD 2, or $154,000 each. The annual
payment for 2008-2009 was made in January, 2009.
EXPENSES
Salaries and Benefits – The budget includes a base allocation of $100 per meeting for each MUD 1
director, and was estimated based on a normal annual meeting schedule. For the 2008-2009 fiscal year, the
directors have met more than anticipated during the budget process.
Legal Services – Fiscal year to date expenditures include the cost of outside legal services associated with
the May consolidation election.
Professional fees – Professional fees include the cost of the annual audit which is paid in the first six
months of the fiscal year.
Election Expense – The costs of the May, 2009 election were not anticipated nor budgeted.
Transfer to MUD 1 Interest & Sinking Fund – The budgeted transfer to the Interest and Sinking Fund was
made in March, 2009.
Transfer to MUD Fire Department – The budget includes the transfer to the Fire Department of property
taxes received, as necessary, to cover departmental operation and maintenance expenses.
Loan to MUD 2 – The loan to MUD 2 of $240,250 was not budgeted.
MUD 2 Water Plant Renovation – The budget reflects the transfer to the MUD 2 Interest and Sinking fund
to cover the portion of the debt service associated with MUD 1’s allocation of the cost of the water plant
renovation. The transfer was made in March, 2009.
TCMUD 1 Page 13 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-65-M1
File ID: Type: Status: 09-65-M1 M1 Order Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/23/2009File Created:
Final Action: *File Name:
Title: See Supplemental Agenda to canvass election returns.
Notes:
Agenda Date: 05/12/2009
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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-65-M1
See Supplemental Agenda to canvass election returns.
Since the results of the election are not available at the time the packet is assembled and submitted, Order
2009-0512 will be properly presented at the meeting.
TCMUD 1 Page 14 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-77-M1
File ID: Type: Status: 09-77-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
05/08/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding the passage, adoption, entering,
approval, and recording of an order, resolution, or other document as may be
necessary to evidence the consolidation of Trophy Club Municipal Utility District
No. 1 and Trophy Club Municipal Utility District No. 2 into one Municipal Utility
District to be known as Trophy Club Municipal Utility District No. 1.
Notes:
Agenda Date: 05/12/2009
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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-77-M1
Discuss and take appropriate action regarding the passage, adoption, entering, approval, and
recording of an order, resolution, or other document as may be necessary to evidence the
consolidation of Trophy Club Municipal Utility District No. 1 and Trophy Club Municipal Utility District
No. 2 into one Municipal Utility District to be known as Trophy Club Municipal Utility District No. 1.
[Enter body here.]
TCMUD 1 Page 15 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-76-M1
File ID: Type: Status: 09-76-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
05/07/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning the Town’s Plan to Abolish and
Absorb MUD2.
Notes:
Agenda Date: 05/12/2009
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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-76-M1
Discuss and take appropriate action concerning the Town’s Plan to Abolish and Absorb MUD2.
[Enter body here.]
TCMUD 1 Page 16 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-73-M1
File ID: Type: Status: 09-73-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
05/04/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action concerning shared employees.
Notes:
Agenda Date: 05/12/2009
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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-73-M1
Discuss and take appropriate action concerning shared employees.
[Enter body here.]
TCMUD 1 Page 17 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-63-M1
File ID: Type: Status: 09-63-M1 M1 Order Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding Order 2009-0512-A, establishing
Mary Moore as Records Management Officer for MUD 1.
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1-Order-2009-0512-A-RMO.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-63-M1
Discuss and take appropriate action regarding Order 2009-0512-A, establishing Mary Moore as
Records Management Officer for MUD 1.
This agenda item was tabled at the Joint Meeting between MUD 1 and 2 on April 14.
TCMUD 1 Page 18 of 145 Meeting Date: May 12, 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER NO. 2009-0512-A
AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT
NO. 1, (the “DISTRICT”) REPEALING ORDER NO. 2007-0306,
ESTABLISHING A RECORDS MANAGEMENT PROGRAM, AND
ADOPTING A NEW ORDER BY DESIGNATING THE TROPHY
CLUB MUD SECRETARY AND SUCCESSIVE HOLDERS AND
DESIGNEES OF THAT POSITION AS THE RECORDS
MANAGEMENT OFFICER FOR THE DISTRICT; REQUIRING
THE DEVELOPMENT OF A RECORDS MANAGEMENT PLAN
UNDER THE DIRECTION OF THE DISTRICT MANAGER; AND
REQUIRING SUBMISSION OF THE PLAN TO THE TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF
DIRECTORS (“BOARD OF DIRECTORS”) FOR APPROVAL;
SPECIFYING DUTIES OF THE RECORDS MANAGEMENT
OFFICER AND OTHER REGULATIONS RELATED TO THE
MAINTENANCE, DESTRUCTION, AND STORAGE OF
RECORDS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a
Municipal Utility District operating pursuant to Chapter 54 of the Texas Water
Code; and
WHEREAS, the District’s Board of Directors (“Board of Directors”), as the
governing body of the Municipal Utility District, is charged with establishing and
maintaining a program for the efficient and economical management of all local
government records; and
WHEREAS, the Board of Directors is required to cause policies and
procedures to be developed for the administration of a Records Management
Program under the direction of a Records Management Officer; and
WHEREAS, Chapter 203 of the Texas Local Government Code
establishes duties of the Records Management Officer and requires the Board of
Directors to prescribe rules and procedures for the establishment and operation
of the records management program; and
WHEREAS, the Board of Directors has determined that the Trophy Club
MUD Secretary shall serve as the Records Management Officer for the District,
and a Records Management Plan for the District shall be developed under the
direction of the District Manager.
TCMUD 1 Page 19 of 145 Meeting Date: May 12, 2009
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
1. Policy
A. It is hereby declared to be the policy of the District to provide for efficient,
economical, and effective controls over the creation, distribution,
organization, maintenance, use, and disposition of all district records
through a comprehensive system of integrated procedures for the
management of records from their creation to their ultimate disposition,
consistent with the requirements of the Texas Local Government Records
Act and accepted Records Management Practice.
2. Definitions
A. Commission: The Texas State Library and Archives Commission.
B. Custodian of Records: The appointed public officer(s) who by Order or
administrative policy is in charge of an office that creates or receives local
government records.
C. Director and Librarian: The executive and administrative officer of the
Texas State Library and Archives Commission.
D. Essential Record: Any local government record of the District necessary to
the resumption or continuation of operations of the District in an emergency
or disaster, to the re-creation of the legal and financial status of the District,
or to the protection and fulfillment of obligations to the people of the state.
E. District Record: Any documents, papers, letters, books, maps,
photographs, sound or video recordings, microfilm, magnet tape, electronic
media, or other information recordings media, regardless of physical form or
characteristic and regardless of whether public access to it is open or
restricted under the laws of the state, created or received by District or any
of its officers or employees pursuant to law or in the transaction of public
business are hereby declared to be the records of the District and shall be
created, maintained, and disposed of in accordance with the provisions of
TCMUD 1 Page 20 of 145 Meeting Date: May 12, 2009
this Order or procedures authorized by it and in no other manner. The term
does not include:
1. Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the District;
2. Notes, journals, diaries, and similar documents created by an officer
or employee of the District for the officer’s or employee’s personal
convenience;
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of
reference or display;
6. Copies of documents in any media furnished to members of the public
to which they are entitled under Chapter 552, Government Code, or
other state law; or
7. Any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by Section
2009.054(c), Government Code, associated with a matter conducted
under an alternative dispute resolution procedure in which personnel
of a state department or institution, local government, special district,
or other political subdivision of the state participated as a party,
facilitated as an impartial third party, or facilitated as the administrator
of a dispute resolution system or organization.
F. Permanent Records: Or “Record of Permanent Value” means any record of
the District for which the retention period on a Records Retention Schedule
issued by the Texas State Library and Archives Commission is given as
permanent.
G. Records Control Schedule: A document prepared by or under the authority
of the Records Management Officer listing the records maintained by the
District, their retention periods, and other records disposition information
that the District’s Records Management Program may require.
H. Records Management: The application of management techniques to the
creation, use, maintenance, retention, preservation, and disposal of records
for the purposes of reducing the costs and improving the efficiency of
recordkeeping. The term includes the development of Records Control
Schedules, the management of filing and information retrieval systems, the
protection of essential and permanent records, the economical and space-
TCMUD 1 Page 21 of 145 Meeting Date: May 12, 2009
effective storage of inactive records, control over the creation and
distribution of forms, reports, and correspondence, and the management of
micrographics and electronic and other records storage systems.
I. Records Liaison Officers: The persons designated by the District Manager
to interface with other departments, “Master District,” and Town, and the
public and to perform such other duties as assigned.
J. Records Management Officer: The person or position designated in this
Order as the Records Management Officer and his or her successor.
K. Records Management Plan: A plan developed under Section 5 of this
Order.
L. Records Retention Schedule: A document issued by the Texas State
Library and Archives Commission under authority of the Texas Government
Code, as amended, establishing mandatory retention periods for local
government records.
M. Retention Period: The minimum time that must pass after the creation,
recording, or receipt of a record, or fulfillment of certain actions associated
with a record, before it is eligible for destruction.
3. District Records Declared Public Property
A. All District Records as defined in this Order are hereby declared to be the
property of the District. No District official or employee has, by virtue of his
or her position, any personal or property right to such records even through
he or she may have developed or compiled them. The unauthorized
destruction, removal from files, or use of such records is prohibited.
4. Designation of Records Management Officer
A. The Trophy Club MUD Secretary, and successive holders and designees of
said position, shall serve as Records Management Officer. As provided by
state law, each successive holder of the office shall file his or her name with
the director and librarian of the Texas State Library within thirty (30) days of
the initial designation or of taking up the office, as applicable. The Board of
Directors designation of the name, office, or position of the Records
Management Officer shall be entered into the minutes of the District’s
meeting at which such designation is made.
TCMUD 1 Page 22 of 145 Meeting Date: May 12, 2009
5. Records Management Plan to be Developed; Approval of Plan; Authority
of Plan
A. The Records Management Officer, under the direction of the District
Manager, shall develop a Records Management Plan for the District for
submission to and approval by the Board of Directors. The plan shall be
adopted by Order and must provide methods and procedures to enable the
Board of Directors, Custodian of Records, and Records Management
Officer to fulfill the duties and responsibilities set out in the Texas Local
Government Code, Sections 203.021, 203.022, and 203.023, as amended,
concerning the management and preservation of records. A copy of the
Order shall be filed by the Records Management Officer with the Director
and Librarian within thirty (30) days after the date of its adoption. The plan
shall also contain policies and procedures designed to reduce the costs and
improve the efficiency of recordkeeping, to adequately protect the essential
records of the District, and to properly preserve those records of the District
that are of historical value. The plan must be designed to enable the
Records Management Officer to carry out his or her duties prescribed by
state law and this Order effectively.
B. Once approved by the Board of Directors, the Records Management Plan
shall be binding on all offices, departments, divisions, programs,
commissions, bureaus, boards, committees, or similar entities of the District
and records shall be created, maintained, stored, microfilmed.
C. State law relating to the duties, other responsibilities, or recordkeeping
requirements of a Custodian of Records does not exempt him or her or the
records in his or her care from the application of this Order and the Records
Management Plan adopted under it, nor may it be used by the Custodian of
Records as a basis for refusal to participate in the Records Management
Program of the District.
6. Duties of Records Management Officer
A. In addition to other duties assigned in this Order and state law, the Records
Management Officer shall:
1. Assist in establishing and developing policies and procedures for a
Records Management Program; and
2. Administer the Records Management Program and provide assistance
to Staff for the purposes of reducing the costs and improving the
efficiency of recordkeeping; and
3. In cooperation with the Custodian of Records shall:
TCMUD 1 Page 23 of 145 Meeting Date: May 12, 2009
a. Prepare and file the records control schedules and amended
schedules required by Section 203.041 and the list of obsolete
records as provided by Section 203.044 as amended, of the
Texas Local Government Code; and
b. Prepare or direct the preparation of requests for authorization to
destroy records not on an approved control schedule as provided
by this Order; and
c. Identify and take adequate steps to preserve District Records that
are of permanent value; and
d. Identify and take adequate steps to protect essential District
Records; and
e. Ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of records is carried out in
accordance with the policies and procedures of the District’s
Record Management Program and the requirements of state law,
including rules and policies adopted under that Program; and
f. Disseminate to the Board of Directors and Custodians of Records
information concerning state laws, administrative rules, and the
policies of the District relating to District records; and
g. Establish procedures to ensure that the handling of records in any
context of the Records Management Program by the Records
Management Office or those under the officer’s authority is carried
out with due regard for:
i. The duties and responsibilities of Custodians that may be
imposed by law; and
ii. The confidentiality of information in records to which access is
restricted by law.
7. Records Control Schedules to be Developed; Approval; Filing with State
A. The Records Management Officer, acting under the direction of the District
Manager, shall prepare Records Control Schedules on a department-by-
department basis, listing all records created or received by the department,
and the retention period for each record. Records Control Schedules shall
also contain such other information regarding the disposition of District
Records as the Records Management Plan may require.
TCMUD 1 Page 24 of 145 Meeting Date: May 12, 2009
B. Each Records Control Schedule shall be monitored and amended as
needed by the Records Management Officer on a regular basis to ensure
that it is in compliance with records retention schedules issued by the state
and that it continues to reflect the recordkeeping procedures and needs of
the department and the Records Management Program of the District.
C. Before its adoption, a Records Control Schedule or amended schedule for a
department must be approved by the District Manager.
D. Before its adoption, a Records Control Schedule must be submitted and
accepted for filing by the Director and Librarian as provided by state law. If
a Schedule is not accepted for filing, the Schedule shall be amended to
make it acceptable for filing. The Records Management Officer shall submit
the Records Control Schedules to the Director and Librarian.
8. Implementation of Records Control Schedules; Destruction of Records
Under Schedule
A. A Records Control Schedule for a department that has been approved and
implemented in accordance with the policies and procedures of the Records
Management Plan.
B. A record whose retention period has expired on a Records Control
Schedule shall be destroyed unless an open records request is pending on
the record, the subject matter of the record is pertinent to a pending lawsuit,
or a department head requests in writing to the Records Management
Officer that the record be retained for an additional period.
C. Prior to the destruction of a record under an approved Records Control
Schedule, authorization for the destruction must be obtained by the
Records Management Officer from the District Manager.
9. Destruction of Unscheduled Records
A. A record that has not yet been listed on an approved Records Control
Schedule may be destroyed if its destruction has been approved in the
same manner as a record destroyed under an approved schedule and the
Records Management Officer has submitted to and received back from the
Director and Librarian an approved destruction authorization request.
10. Records Center
A. A records center, developed pursuant to the plan required by this Order,
shall be under the direct control and supervision of the Records
TCMUD 1 Page 25 of 145 Meeting Date: May 12, 2009
Management Officer. Policies and procedures regulating the operations
and use of the records center shall be contained in the Records
Management Plan developed hereunder.
11. Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the
Records Management Plan shall be centralized and under the direct
supervision of the Records Management Officer. The Records
Management Plan shall establish policies and procedures for the storage of
District Records, including policies to ensure that any alternative storage
method is utilized in accordance with standards and procedures for the
District Records established in rules of the Texas State Library and
Archives Commission. The plan shall also establish criteria for determining
the eligibility of records for alternative storage methods and protocols for
exempting records from the centralized process; provided however, that
exempted records are still subject to periodic review by the Records
Management Officer as to cost-effectiveness, administrative efficiency, and
compliance with commission rules
SECTION 3.
SAVINGS AND REPEALER
That this Order shall be cumulative of all other Orders of the District
affecting Records Management and shall not repeal any of the provisions of such
Orders except in those instances where provisions of those Orders are in direct
conflict with the provisions of this Order and all other provisions of the Orders of
the District, not in conflict with the provisions of this Order, shall remain in full
force and effect. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Order has been initiated or
has arisen under or pursuant to such repealed Order shall continue to be
governed by the provisions of that Order and for that purpose the Order shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Order, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Order, and the Board of Directors
hereby declare it would have passed such remaining of the Order despite such
invalidity, which remaining portions shall remain in full force and effect.
TCMUD 1 Page 26 of 145 Meeting Date: May 12, 2009
TCMUD 1 Order 2009-0512-A 9
SECTION 5.
EFFECTIVE DATE
This Order shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Board of Directors of the Trophy Club
Municipal Utility District No. 1, this the 12th day of May, 2009.
_______________________________
President
Trophy Club Municipal Utility District No. 1
ATTEST:
_________________________________________
Secretary
Trophy Club Municipal Utility District No. 1
[SEAL]
APPROVED AS TO FORM:
_________________________________________
Attorney
Trophy Club Municipal Utility District No. 1
TCMUD 1 Page 27 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-64-M1
File ID: Type: Status: 09-64-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding acceptance of the revised MUD
Records Retention Schedule and a revised MUD Records Management Plan.
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
2009 RECORDS RETENTION SCHEDULE.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-64-M1
Discuss and take appropriate action regarding acceptance of the revised MUD Records Retention
Schedule and a revised MUD Records Management Plan.
Both MUD 1 and MUD 2 at their Joint Meeting on April 14, 2009, requested Staff bring forth an updated
Records Management Plan as well as an updated Records Retention Schedule.
TCMUD 1 Page 28 of 145 Meeting Date: May 12, 2009
2009 RECORDS MANAGEMENT PLAN
for
TROPHY CLUB MUNICIPAL UTILITY DISTRICT
No. 1 & No. 2
Dated: May 12, 2009
TCMUD 1 Page 29 of 145 Meeting Date: May 12, 2009
TABLE OF CONTENTS
Section 1 –Purpose .......................................................................................3
Section 2 – M.U.D. Orders ......................................................................4 ‐ 11
Section 3 ‐ Definitions and Abbreviations.............................................12 ‐ 13
Section 4 ‐ Departmental Responsibilities.................................................14
Departmental .................................................................................14
Records Management Officer..................................................14 ‐ 15
Records Liaison Officers................................................................15
Section 5 – Records Processes...................................................................16
Records Retention..........................................................................16
Storage......................................................................................16 ‐ 17
Destruction................................................................................17 ‐ 18
Retrieval of Box From Storage......................................................18
Annual Review................................................................................18
Routine Filing Tips....................................................................18 ‐ 19
Historical Documents: ....................................................................19
Section 6 ‐ Retention Schedules ………………........................................20
Section 7 – Disaster Recovery.....................................................................21
Records Identification....................................................................21
Identified Vital Records: ................................................................22
Supplies Needed..............................................................................22
Salvage Steps ..................................................................................22
Water Damage...........................................................................22 ‐ 23
Fire Damage...............................................................................23 ‐ 24
Computer Disk Packs ......................................................................24
Section 8 ‐ Other Important Aspects ..........................................................25
Ownership of Records ....................................................................25
Designation of Record Types as Confidential................................25
Section 9 ‐ Open Records Requests For Information.................................26
Records Affected by Public Information Act .................................26
Open Records Requests ..................................................................26
Purpose …………………………………………………………….26
Process …………………………………………………………26 ‐ 27
Timing Issues ..............................................................................27 ‐ 29
Attorney General Ruling..................................................................29
Inquiries to Determine the Intent of the Requestor .....................29
Fees Associated with Open Records Request.................................29
Appendix A ‐ Designated Record Liaison Officers ....………………....................30
Appendix B – Fees Schedule for Open Records Requests …………………………..31
Appendix C – Approved Retention Schedules ………………………………… …32 ‐ 72
Appendix D – Water – Wastewater Retention Schedule ………………………...73 ‐ 80
TCMUD 1 Page 30 of 145 Meeting Date: May 12, 2009
Section 1 ‐ Purpose
The purpose of the Records Management Plan and a Records Retention Schedule is
to develop a systematic policy for Trophy Club MUD Personnel to follow and
reference when dealing with District records. The objectives of this plan are:
• Control the creation and growth of records
• Improve efficiency and productivity
• Assimilate new records management technology
• Ensure regulatory compliance
• Minimize litigation risks
• Safeguard vital information
• Support better management decision making
• Preserve the District memory
• Foster professionalism in the governance process
The benefits are efficiency, accountability improved protection of valuable records,
improved public service, time and cost savings, and avoidance of unnecessary usage
in space, equipment, procedures, and supplies.
Records retention support several values to governmental operations. Records are
the official documentation of legally binding decisions and actions of government.
Records are the memory of the government. Finally, records are evidence of the
government’s stewardship of the responsibilities entrusted to them by the citizenry.
These values should be important to every department head, manager, and staff
member.
The Plan is divided into several different sections: M.U.D. Orders, Definitions and
Abbreviations, Departmental Responsibilities, Records Processes, Departmental
Retention Schedules, Disaster Recovery, Forms Utilized, Other Important Aspects
and Open Records Requests.
TCMUD 1 Page 31 of 145 Meeting Date: May 12, 2009
Section 2 –M.U.D.s Order
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER NO. 2009-0512-A
AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1,
(the “DISTRICT”) REPEALING ORDER NO. 2007-0306,
ESTABLISHING A RECORDS MANAGEMENT PROGRAM, AND
ADOPTING A NEW ORDER BY DESIGNATING THE TROPHY CLUB
MUD SECRETARY AND SUCCESSIVE HOLDERS AND DESIGNEES
OF THAT POSITION AS THE RECORDS MANAGEMENT OFFICER
FOR THE DISTRICT; REQUIRING THE DEVELOPMENT OF A
RECORDS MANAGEMENT PLAN UNDER THE DIRECTION OF THE
DISTRICT MANAGER; AND REQUIRING SUBMISSION OF THE PLAN
TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BOARD OF DIRECTORS (“BOARD OF DIRECTORS”) FOR
APPROVAL; SPECIFYING DUTIES OF THE RECORDS
MANAGEMENT OFFICER AND OTHER REGULATIONS RELATED TO
THE MAINTENANCE, DESTRUCTION, AND STORAGE OF RECORDS;
PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING
A SAVINGS AND REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a
Municipal Utility District operating pursuant to Chapter 54 of the Texas Water Code; and
WHEREAS, the District’s Board of Directors (“Board of Directors”), as the
governing body of the Municipal Utility District, is charged with establishing and
maintaining a program for the efficient and economical management of all local
government records; and
WHEREAS, the Board of Directors is required to cause policies and procedures
to be developed for the administration of a Records Management Program under the
direction of a Records Management Officer; and
WHEREAS, Chapter 203 of the Texas Local Government Code establishes
duties of the Records Management Officer and requires the Board of Directors to
prescribe rules and procedures for the establishment and operation of the records
management program; and
WHEREAS, the Board of Directors has determined that the Trophy Club MUD
Secretary shall serve as the Records Management Officer for the District, and a Records
Management Plan for the District shall be developed under the direction of the District
Manager.
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
TCMUD 1 Page 32 of 145 Meeting Date: May 12, 2009
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
1. Policy
A. It is hereby declared to be the policy of the District to provide for efficient,
economical, and effective controls over the creation, distribution, organization,
maintenance, use, and disposition of all district records through a comprehensive
system of integrated procedures for the management of records from their creation
to their ultimate disposition, consistent with the requirements of the Texas Local
Government Records Act and accepted Records Management Practice.
2. Definitions
A. Commission: The Texas State Library and Archives Commission.
B. Custodian of Records: The appointed public officer(s) who by Order or
administrative policy is in charge of an office that creates or receives local
government records.
C. Director and Librarian: The executive and administrative officer of the Texas State
Library and Archives Commission.
D. Essential Record: Any local government record of the District necessary to the
resumption or continuation of operations of the District in an emergency or
disaster, to the re-creation of the legal and financial status of the District, or to the
protection and fulfillment of obligations to the people of the state.
E. District Record: Any documents, papers, letters, books, maps, photographs,
sound or video recordings, microfilm, magnet tape, electronic media, or other
information recordings media, regardless of physical form or characteristic and
regardless of whether public access to it is open or restricted under the laws of the
state, created or received by District or any of its officers or employees pursuant to
law or in the transaction of public business are hereby declared to be the records
of the District and shall be created, maintained, and disposed of in accordance
with the provisions of this Order or procedures authorized by it and in no other
manner. The term does not include:
1. Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the District;
2. Notes, journals, diaries, and similar documents created by an officer or
employee of the District for the officer’s or employee’s personal
convenience;
TCMUD 1 Page 33 of 145 Meeting Date: May 12, 2009
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of reference
or display;
6. Copies of documents in any media furnished to members of the public to
which they are entitled under Chapter 552, Government Code, or other state
law; or
7. Any records, correspondence, notes, memoranda, or documents, other than
a final written agreement described by Section 2009.054(c), Government
Code, associated with a matter conducted under an alternative dispute
resolution procedure in which personnel of a state department or institution,
local government, special district, or other political subdivision of the state
participated as a party, facilitated as an impartial third party, or facilitated as
the administrator of a dispute resolution system or organization.
F. Permanent Records: Or “Record of Permanent Value” means any record of the
District for which the retention period on a Records Retention Schedule issued by
the Texas State Library and Archives Commission is given as permanent.
G. Records Control Schedule: A document prepared by or under the authority of the
Records Management Officer listing the records maintained by the District, their
retention periods, and other records disposition information that the District’s
Records Management Program may require.
H. Records Management: The application of management techniques to the
creation, use, maintenance, retention, preservation, and disposal of records for the
purposes of reducing the costs and improving the efficiency of recordkeeping. The
term includes the development of Records Control Schedules, the management of
filing and information retrieval systems, the protection of essential and permanent
records, the economical and space-effective storage of inactive records, control
over the creation and distribution of forms, reports, and correspondence, and the
management of micrographics and electronic and other records storage systems.
I. Records Liaison Officers: The persons designated by the District Manager to
interface with other departments, “Master District,” and Town, and the public and
to perform such other duties as assigned.
J. Records Management Officer: The person or position designated in this Order as
the Records Management Officer and his or her successor.
K. Records Management Plan: A plan developed under Section 5 of this Order.
L. Records Retention Schedule: A document issued by the Texas State Library and
Archives Commission under authority of the Texas Government Code, as
amended, establishing mandatory retention periods for local government records.
TCMUD 1 Page 34 of 145 Meeting Date: May 12, 2009
M. Retention Period: The minimum time that must pass after the creation, recording,
or receipt of a record, or fulfillment of certain actions associated with a record,
before it is eligible for destruction.
3. District Records Declared Public Property
A. All District Records as defined in this Order are hereby declared to be the property
of the District. No District official or employee has, by virtue of his or her position,
any personal or property right to such records even through he or she may have
developed or compiled them. The unauthorized destruction, removal from files, or
use of such records is prohibited.
4. Designation of Records Management Officer
A. The Trophy Club MUD Secretary, and successive holders and designees of said
position, shall serve as Records Management Officer. As provided by state law,
each successive holder of the office shall file his or her name with the director and
librarian of the Texas State Library within thirty (30) days of the initial designation
or of taking up the office, as applicable. The Board of Directors designation of the
name, office, or position of the Records Management Officer shall be entered into
the minutes of the District’s meeting at which such designation is made.
5. Records Management Plan to be Developed; Approval of Plan; Authority of Plan
A. The Records Management Officer, under the direction of the District Manager,
shall develop a Records Management Plan for the District for submission to and
approval by the Board of Directors. The plan shall be adopted by Order and must
provide methods and procedures to enable the Board of Directors, Custodian of
Records, and Records Management Officer to fulfill the duties and responsibilities
set out in the Texas Local Government Code, Sections 203.021, 203.022, and
203.023, as amended, concerning the management and preservation of records.
A copy of the Order shall be filed by the Records Management Officer with the
Director and Librarian within thirty (30) days after the date of its adoption. The plan
shall also contain policies and procedures designed to reduce the costs and
improve the efficiency of recordkeeping, to adequately protect the essential
records of the District, and to properly preserve those records of the District that
are of historical value. The plan must be designed to enable the Records
Management Officer to carry out his or her duties prescribed by state law and this
Order effectively.
B. Once approved by the Board of Directors, the Records Management Plan shall be
binding on all offices, departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the District and records shall be created,
maintained, stored, microfilmed.
C. State law relating to the duties, other responsibilities, or recordkeeping
requirements of a Custodian of Records does not exempt him or her or the records
in his or her care from the application of this Order and the Records Management
Plan adopted under it, nor may it be used by the Custodian of Records as a basis
TCMUD 1 Page 35 of 145 Meeting Date: May 12, 2009
for refusal to participate in the Records Management Program of the District.
6. Duties of Records Management Officer
A. In addition to other duties assigned in this Order and state law, the Records
Management Officer shall:
1. Assist in establishing and developing policies and procedures for a Records
Management Program; and
2. Administer the Records Management Program and provide assistance to
Staff for the purposes of reducing the costs and improving the efficiency of
recordkeeping; and
3. In cooperation with the Custodian of Records shall:
a. Prepare and file the records control schedules and amended schedules
required by Section 203.041 and the list of obsolete records as provided
by Section 203.044 as amended, of the Texas Local Government Code;
and
b. Prepare or direct the preparation of requests for authorization to destroy
records not on an approved control schedule as provided by this Order;
and
c. Identify and take adequate steps to preserve District Records that are of
permanent value; and
d. Identify and take adequate steps to protect essential District Records;
and
e. Ensure that the maintenance, preservation, microfilming, destruction, or
other disposition of records is carried out in accordance with the policies
and procedures of the District’s Record Management Program and the
requirements of state law, including rules and policies adopted under
that Program; and
f. Disseminate to the Board of Directors and Custodians of Records
information concerning state laws, administrative rules, and the policies
of the District relating to District records; and
g. Establish procedures to ensure that the handling of records in any
context of the Records Management Program by the Records
Management Office or those under the officer’s authority is carried out
with due regard for:
i. The duties and responsibilities of Custodians that may be imposed
by law; and
ii. The confidentiality of information in records to which access is
TCMUD 1 Page 36 of 145 Meeting Date: May 12, 2009
restricted by law.
7. Records Control Schedules to be Developed; Approval; Filing with State
A. The Records Management Officer, acting under the direction of the District
Manager, shall prepare Records Control Schedules on a department-by-
department basis, listing all records created or received by the department, and
the retention period for each record. Records Control Schedules shall also contain
such other information regarding the disposition of District Records as the Records
Management Plan may require.
B. Each Records Control Schedule shall be monitored and amended as needed by
the Records Management Officer on a regular basis to ensure that it is in
compliance with records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs of the department
and the Records Management Program of the District.
C. Before its adoption, a Records Control Schedule or amended schedule for a
department must be approved by the District Manager.
D. Before its adoption, a Records Control Schedule must be submitted and accepted
for filing by the Director and Librarian as provided by state law. If a Schedule is
not accepted for filing, the Schedule shall be amended to make it acceptable for
filing. The Records Management Officer shall submit the Records Control
Schedules to the Director and Librarian.
8. Implementation of Records Control Schedules; Destruction of Records Under
Schedule
A. A Records Control Schedule for a department that has been approved and
implemented in accordance with the policies and procedures of the Records
Management Plan.
B. A record whose retention period has expired on a Records Control Schedule shall
be destroyed unless an open records request is pending on the record, the subject
matter of the record is pertinent to a pending lawsuit, or a department head
requests in writing to the Records Management Officer that the record be retained
for an additional period.
C. Prior to the destruction of a record under an approved Records Control Schedule,
authorization for the destruction must be obtained by the Records Management
Officer from the District Manager.
9. Destruction of Unscheduled Records
A. A record that has not yet been listed on an approved Records Control Schedule
may be destroyed if its destruction has been approved in the same manner as a
record destroyed under an approved schedule and the Records Management
Officer has submitted to and received back from the Director and Librarian an
approved destruction authorization request.
TCMUD 1 Page 37 of 145 Meeting Date: May 12, 2009
10. Records Center
A. A records center, developed pursuant to the plan required by this Order, shall be
under the direct control and supervision of the Records Management Officer.
Policies and procedures regulating the operations and use of the records center
shall be contained in the Records Management Plan developed hereunder.
11. Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the Records
Management Plan shall be centralized and under the direct supervision of the
Records Management Officer. The Records Management Plan shall establish
policies and procedures for the storage of District Records, including policies to
ensure that any alternative storage method is utilized in accordance with standards
and procedures for the District Records established in rules of the Texas State
Library and Archives Commission. The plan shall also establish criteria for
determining the eligibility of records for alternative storage methods and protocols
for exempting records from the centralized process; provided however, that
exempted records are still subject to periodic review by the Records Management
Officer as to cost-effectiveness, administrative efficiency, and compliance with
commission rules
SECTION 3.
SAVINGS AND REPEALER
That this Order shall be cumulative of all other Orders of the District affecting
Records Management and shall not repeal any of the provisions of such Orders except
in those instances where provisions of those Orders are in direct conflict with the
provisions of this Order and all other provisions of the Orders of the District, not in
conflict with the provisions of this Order, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim which
prior to the effective date of this Order has been initiated or has arisen under or pursuant
to such repealed Order shall continue to be governed by the provisions of that Order and
for that purpose the Order shall be deemed to remain and continue in full force and
effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this Order,
or application thereof to any person or circumstance, is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the
remaining portions of the Order, and the Board of Directors hereby declare it would have
passed such remaining of the Order despite such invalidity, which remaining portions
shall remain in full force and effect.
TCMUD 1 Page 38 of 145 Meeting Date: May 12, 2009
SECTION 5.
EFFECTIVE DATE
This Order shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Board of Directors of the Trophy Club
Municipal Utility District No. 1, this the 12th day of May, 2009.
_______________________________
President
Trophy Club Municipal Utility District No. 1
ATTEST:
_________________________________________
Secretary
Trophy Club Municipal Utility District No. 1 [SEAL]
APPROVED AS TO FORM:
_________________________________________
Attorney
Trophy Club Municipal Utility District No. 1
TCMUD 1 Page 39 of 145 Meeting Date: May 12, 2009
Section 3 ‐ Definitions and Abbreviations
Active record – Records needed to carry out an organization’s day‐to‐day business;
record subject to frequent use.
Custodian of Record ‐ The staff person designated to be responsible for compliance
with the Records Management Plan for their department.
Historical value – Records which are retained for purposes of history and not
necessarily for business purposes.
Important record – A record that contains information that cannot be dispensed
when lost. Expenditure of time and money would be required if lost.
Inactive record – A record that does not have to be readily available but which must
be kept for legal, fiscal, or historical purposes.
Non‐record – All material not usually included within the definition of records, such
as unofficial copies of documents that are kept only for reference or convenience.
Stocks of publications and processed documents, and library material intended solely
for reference or exhibition.
Non‐vital record – A record that does not contain information essential for
emergency operations during a disaster; the resumption and/or continuation of
operations; the reestablishment of the legal, financial, and/or functional status of the
organization; and the determination of the rights and obligations of individuals and
corporate bodies with respect to the organization. Examples of a non‐vital record are
convenience files or internal memorandum. A non‐vital record may be referred to as a
non‐essential record.
Permanent record – Information which is required by law to be retained indefinitely
or which has been designated for continuous preservation because of reference,
historical, or administrative significance to the organization.
Record – Recorded information, regardless of the medium or characteristics, made or
received by an organization that is useful in the operation of the organization.
Useful record – A record that contains information that would create difficulty in the
daily duties if lost, but could be easily replaced.
TCMUD 1 Page 40 of 145 Meeting Date: May 12, 2009
Vital record – A record containing information essential for emergency operations
during a disaster; the resumption and/or continuation of operations; the
reestablishment of the legal, financial, and/or functional status of the organization;
and the determination of the rights and obligations of individuals and corporate
bodies with respect to the organization. A vital record may be referred to as an
essential record.
Abbreviations Defined:
AV – As long as administratively valuable
CE – Calendar year end
FE – Fiscal year end
LA – Life of asset
RLO – Records Liaison Officer
RMO – Records Management Officer
TSLAC – Texas State Library and Archive Commission
US – Until superseded
TCMUD 1 Page 41 of 145 Meeting Date: May 12, 2009
Section 4 ‐ Departmental Responsibilities
Departmental
The Custodian of Records will cooperate with the Records Management Officer
(RMO) in carrying out established policies and procedures for the efficient and
economical management of records and in carrying out the requirements of this
policy. The Custodian of Records will adequately document the transaction of
government business and the services, programs, and duties for which the Custodian
of Records and his/her staff are responsible. Finally, the Custodian of Records will
maintain the records in his/her care and carry out their preservation, destruction,
microfilming, or other disposition only in accordance with the policies and
procedures of the Records Management Plan. Department heads will designate a
member of his/her staff to serve as a Records Liaison Officer (RLO) for the
implementation of the Records Management Process in the department.
Records Management Officer (RMO)
The RMO will administer the Records Management Program and provide assistance
to Department Heads / Custodian of Records in its implementation; plan, formulate,
and prescribe records disposition, policies, systems, standards, and procedures; in
cooperation with department heads, identify vital records and establish a disaster
plan to ensure maximum availability of the records in order to re‐establish operations
as quickly and with minimal disruption and expense; develop procedures to ensure
the permanent preservation of historically valuable records; establish standards for
filing and storage and record‐keeping supplies; study the feasibility of and, if
appropriate, establish a uniform filing system and forms design and control system
for the Trophy Club Municipal Utility Districts; provide records management advice
and assistance to all departments by preparation of a manual of procedure and
policy; monitor records retention schedules and administrative rules issued by the
Texas State Library and Archive Commission (TSLAC) to determine if the Records
Management Program and Retention Schedules are in compliance with state
regulations; disseminate to departments and M.U.D. Directors information
concerning state laws and administrative rules relating local government records;
direct Records Liaison Officers (RLO’s), Custodian of Records, or other personnel in
the proper conduct of records inventories in preparation for the development of
Records Control Schedules, as required by state law and by MUD Order 2009‐0512;
ensure that the maintenance, preservation, microfilming, destruction, or other
disposition of MUD records is carried out in accordance with the policies and
procedures of the Records Management Program and the requirements of state law;
maintain documentation of the records destroyed under approved records control
schedules, records stored electronically, and microfilmed; report annually to the
District on the implementation of the Records Management Plan in each department
of the District, including summaries of the statistical and fiscal data compiled under
the proceeding item, and bring to the attention of the M.U.D. District Manager non‐
TCMUD 1 Page 42 of 145 Meeting Date: May 12, 2009
compliance by department heads or other personnel with the policies and
procedures of the Records Management Program or the Local Government Records
Act.
Records Liaison Officers
Persons assigned as Records Liaison Officers will be thoroughly familiar with the
records created and maintained by their department and will have access to all of the
documents within their department.
Duties of the RLO are as follows:
To conduct or supervise inventories of the records of the department in
preparation for the development of records retention schedules;
Coordinate and implement the policies and procedures of the Records
Management Program in their department (in cooperation with the RMO)
Disseminate information to their staff concerning the Records Management
Program.
TCMUD 1 Page 43 of 145 Meeting Date: May 12, 2009
Section 5 – Records Processes
Records Retention
The life cycle of records is divided into three cycles: creation, maintenance, and
disposition.
The first cycle, creation of a record, entails all activities that are involved in
originating and generating forms, reports, correspondences, receiving records from
the outside, filing, indexing, and other development duties.
The second cycle, maintenance, involves activities such as retrieval, filing, storage,
space and equipment allocation, inactive records maintenance, and alternatives to
paper storage. The critical issue in this cycle involves obtaining needed records. Too
much information can create problems because of inefficient or expanded and
impractical retention of unneeded documents.
The final phase, disposition, the records are (1) destroyed either when a record has
no value or has reached the end of its retention period, (2) stored long term, or (3)
transferred to historical archives.
The Records Retention Schedule is the key management tool during this phase, as it
provides direction to the RLO on how to deal with the record in question and its final
disposition. Problems arise when space issues surface because of inefficient cabinet
use or when records are misfiled and lost.
Storage
Records should be placed in long‐term storage facilities when they are no longer
active or valuable to the department, but have not reached the end of their retention
period. More recent records will be placed in the vault (fireproof file) by the RMO,
and older records requiring long‐term retention will be placed in remote storage.
After deciding to place records in storage, one should perform the following simple
procedures:
Contact the RMO for an approved box, label, and form entitled: “Inventory of
Records Transfer to Records Center”. When placing documents in the box, the
RLO/Custodian of Record should inventory and record the documents to be placed in
the box. This is your record of the contents of the box. The label should list
information that will be useful to the RLO/Custodian of Record in the event that a
record is needed in the future. If possible, limit the contents of any box to a single
record series. Generally this is a group of records, filed together in a unified
arrangement, which results from or relates to the same function or activity. If
this is impractical, because of low volume of the same series, please limit the
contents of a single box to a series having the same retention period. Leave
TCMUD 1 Page 44 of 145 Meeting Date: May 12, 2009
approximately one to two inches in the box to facilitate ease of access. If future
filling is needed, there will be space. Packing records too tightly can result in
damaged boxes. Use only approved boxes; this allows more uniform storage and
better packing in the storage locations. Please do not place hanging file folders or
three ring binders in the storage box. The contents of the box should be removed
from these filing supplies and placed in folders. Both binders and hanging files
damage your records and the boxes and will prevent efficient usage of storage
space. Binders and folders can be recycled. After the inventory is complete, the
RLO/Custodian of Record will place a departmental box number on the inventory
form and label and then affix the label to the storage box. After these steps are
completed, the RMO is contacted.
In short, the steps for storage are:
1. Obtain an approved storage box, label, and inventory form from the RMO
and/or from the Intranet site.
2. Inventory and record the documents to be placed in the box, record this on
the supplied form
3. Record a brief description of the contents on the supplied label
4. Number the box and record this number on your inventory form and the
box label
5. Contact the RMO to transfer the box to long‐term storage
Destruction
When the documents contained within a box reach the end of their retention period,
the RMO generates a form titled, “Certificate of Records Destruction.” This form
requests permission from the Custodian of the Records/RLO/Department Head for
destruction of the documents to be carried out. This form also lists the record series
enclosed in the box along with its state‐approved retention period. If the Custodian
of the Records/RLO/Department Head and/or District Manager concurs with the
destruction, he/she should sign the form and return signed form to the RMO. The
documents will be destroyed in accordance with state law (burning, shredding,
pulping, burial in a landfill or by sale or donation for recycling purposes). Documents
should not be destroyed in any other manner.
A record cannot be destroyed if any litigation, claim, negotiation, audit, open records
request, administrative review, or other action involving the record is initiated before
the expiration of the retention period for the record set by TSLAC or, whichever is
later.
TCMUD 1 Page 45 of 145 Meeting Date: May 12, 2009
In short, the steps for destruction are:
1. The RMO will submit the “Certificate of Records Destruction” form to the
Custodian of the Record/RLO/Department Head;
2. If the Custodian of the Record/RLO/Department Head concurs with the
request for destruction, he/she should sign the document, and return the signed
original to the RMO.
3. When all governing bodies have agreed and concur, the documents will be
destroyed in an approved manner.
Retrieval of Box From Storage
When there is a need for a document that is stored in remote storage, contact the
RMO to obtain the box that contains the document referencing the copy of the
“Inventory of Records Transfer to Records Center” form for the appropriate box
number for retrieval. A “Box Retrieval Form” requesting the box will be completed
and submitted to the RMO, who see that the appropriate box is retrieved from
storage.
Annual Review
Each department should have a departmental record “clean‐up day” led by their
designated RLO. The goals are to identify documents that are no longer valuable to
the department, move them to storage or prepare for destruction, organize the
cabinet, and make space for new files. Removal of old and useless documents allows
for easier and faster access to files. This creates a more cost‐effective and efficient
practice that supports the District’s stated objectives. Additional benefits are
improved public service, sound usage of scarce equipment, procedures, supplies,
space and equipment, and protection of valuable records.
Routine Filing Tips
There are two (2) primary filing systems, alphabetical and numerical. Alphabetical
filing places files in alphabetical order. Numerical filing has several options. A file can
be ordered by sequential order filing, date order filing, or coded numerical filing. Each
should be easy, consistent, and uniform. Other ways to file records are by subject.
Subjects can be contained in a hanging file folder. Subjects may be Community Park,
Harmony Park, and McCombs Fields. These subjects should be alphabetized in a file
cabinet with all documents within the subject files also placed in either a numerical or
alphabetical manner.
A numerical arrangement may have a file for Community Park budget and within this
file you my have the following files: FY1999, FY2000, and FY2001. These files are in a
TCMUD 1 Page 46 of 145 Meeting Date: May 12, 2009
numerical format. Filing documents in one of the above methods will help retrieve
needed information efficiently.
Historical Documents:
Documents that have historical significance will be retained permanently by the
District. Trophy Club MUDs adhere to the TSLAC retention schedules. When the
record has not been designated with a permanent retention, and a record has
historical significance, please contact the RMO for further guidance.
TCMUD 1 Page 47 of 145 Meeting Date: May 12, 2009
Section 6 ‐ Retention Schedules
TCMUD 1 and TCMUD 2 filed their Local Government – Records Control Schedule in May
of 1994 and all were accepted by the Texas State Library in July of 1994. The Retention
Schedules filed were for Administration Records and Tax Records and they are still very
applicable. The approved Retention Schedules are attached as Appendix C.
Also attached is a Retention Schedule for Water / Wastewater Records for submittal to
the Texas State Library as Appendix D.
TCMUD 1 Page 48 of 145 Meeting Date: May 12, 2009
Section 7 – Disaster Recovery
A fire, tornado, flood or any other calamity may occur at any time of the day, week,
month, or year. Any of the above events could create a loss of some records that can
cause dire consequences, or extreme disruption to the operation of government.
Other issues to consider are the loss of records, which could make the District
vulnerable to litigation, create revenue losses, create revenue costs, and create
inefficient operations. No plan can prevent these events from happening; a Plan can,
however, reduce the likelihood of these undesirable outcomes.
Records Identification
Prevention and planning are key tools to be utilized when reducing the chance of a
disaster and loss of records. Ideally, each department will identify records that are
nonvital, useful, important and vital.
Non‐vital record is a document that, if destroyed, would not pose a serious
dilemma to the District. Convenience files or internal memorandum are examples of
this category.
Useful record is a document that would create difficulty, if lost, but could be easily
replaced. Examples of this category would be schedule books.
Important records are those which cannot be dispensed and expenditure of time
and money would be required to replace the document.
Vital record contains information that is crucial or cannot be replaced. These types
of records are not always permanent. These documents contain information critical
to the continuation of operations or the protection of the rights of the government
or of individual citizens. Examples of vital records are records that give authority for
the operation of the government (such as minutes, ordinances, and resolutions).
Other vital records are records that document obligations owed to the government
(such as financial records), blueprints of water systems or other documents vital for
the daily operation of the District. Obligations of the government to its employees
such as personnel records, retirement, and accrued benefits are more examples of a
vital record. Finally, records that document civil or property rights of citizens (such as
deeds) or ownership of government property are vital records. In advance, each
department should inventory their environment and identify the location of each
type of the above‐mentioned records. Special attention should be placed on the
location of important and vital records. Knowing the location of these two types of
records is significant because when a disaster strikes, there will not to be enough
time to recover all records. The person conducting the recovery attempt will recover
the vital and then, if time permits, important documents. Non‐vital and useful files
will be recovered after more important files are recovered, if possible.
TCMUD 1 Page 49 of 145 Meeting Date: May 12, 2009
Identified Vital Records:
Finance/Accounting: Accounts receivable, ledgers, payroll records, and general
insurance policies.
MUD Administration: Minutes, ordinances, and resolutions, contracts and/or
agreements.
Human Resources: Personnel records, personnel insurance files.
Public Works: Maps and engineering drawings.
Fire: Emergency management plans (Denton and Tarrant County, and Town of
Trophy Club)
Supplies Needed
To conduct a recovery process, a person will need the following equipment: plastic
crates, a designated off‐site dry location, rubber gloves and boots, waxed paper, and
absorbent towels.
Salvage Steps
First, ensure that the scene of the disaster is safe to enter. Electrical sources should
be turned off, fire should be extinguished, and any other hazard to life should be
contained.
Second, the size and the scope of the salvage operation should be considered. If the
disaster is large, expert firms may be needed to help recover the documents. If the
disaster scene is small, the above‐mentioned equipment may be adequate.
Third, identify the vital and important documents first. Recover the records in the
following manner: vital, then important, then useful and lastly non‐vital.
Water Damage
Water damage is the most frequent type of disaster. Some authorities claim that
water events account for up to ninety‐five percent (95%) of disasters. The documents
from a water disaster are usually recoverable. Most damage to vital records can be
avoided by not placing these type of documents in the bottom areas of a filing
cabinets or shelves. Problems with mildew and mold contribute to the deterioration
of a document. If restoration cannot be started immediately, the records should be
frozen. Ideally, the environment for freezing will be zero degrees. In other cases, the
TCMUD 1 Page 50 of 145 Meeting Date: May 12, 2009
documents should be carefully removed to non‐humid rooms. The documents will be
fragile and care must be taken to avoid tearing. If possible, maintain the records
arrangement or order. Plastic crates may be used to move water soaked records.
Books should be placed in crates with their spine down. Waxed paper should be
placed between books to avoid sticking. When large volumes of vital records are
damaged they may dried commercially, with administrative approval. These
commercial companies can dry the documents by vacuum freeze‐drying or use of
vacuum chambers. When small volumes of records are damaged, they can be dried
by spreading them out on tables or the floor. Use of fans should be undertaken to
circulate the air through the room. These documents should be periodically turned to
facilitate drying on both sides. The ideal room temperature is below sixty degrees.
Permanently valuable books should be frozen. Another method includes drying the
covers and placing absorbent towels between the pages. When the towel becomes
wet, it should be replaced. Books should have their spines placed down. Documents
that are mud covered can be washed off with a low‐pressure sprayer and then dried.
Do not, under any circumstance:
• Enter an area until it has been declared safe
• Attempt to open a wet book
• Attempt to close an open book that is swollen
• Use mechanical presses on wet materials
• Attempt to separate books that are stuck together
• Write on wet paper
• Use bleaches, detergents, water soluble fungicides, adhesive tapes, paper
clips, or staples on wet material
• Use colored paper of any kind during salvage and recovery operations
• Pack newly‐dried materials in boxes or leave them unattended for more
than two (2) days
Blackmon‐Mooring Steamatic Catastrophic, Inc. (BMS CAT) is a local company (Fort
Worth) that can provide the above‐mentioned expert services. The phone number
for this company is (817) 332‐2770 or (800) 433‐2940 (24‐hour hotline). Prior to
utilizing this company, approval must be obtained from the District Manager.
Fire Damage
When fire occurs, many documents will be lost. Recovery of these may be impossible.
Tightly packed volumes often do not burn completely. The edges of the volume may
be charred. These records can be salvaged with little effort. Duplication can be
undertaken through photocopying or microfilming. If the document is severely
TCMUD 1 Page 51 of 145 Meeting Date: May 12, 2009
scorched or brittle, salvage may not be possible. Vital records should be stored in
fireproof cabinets or the vault.
Computer Disk Packs
Computer disk packs and other magnetic media that have become wet are
sometimes not recoverable and a professional restoration firm should only conduct
salvage attempts. Do not place these disks in a computer. The Information Services
Director should be contacted to obtain further direction.
TCMUD 1 Page 52 of 145 Meeting Date: May 12, 2009
Section 8 – Other Important Aspects
Ownership of Records
All records created by a department shall remain the property of the District. The
department is the legal custodian of its records. All records transferred to the
Records Management Officer shall remain the legal custody of the department
sending them.
Designation of Record Types as Confidential
A designated confidential records type may be defined as that material containing
such information that if released indiscriminately poses a legal or financial threat to
the District. A record type may be designated as confidential by a department head
upon written request. Security measures designed to safeguard the integrity of
confidential records while in the possession of the RMO will be implemented when a
confidential record is designated. A confidential designation causes certain security
measures to be implemented. Restricted access and anonymity of the records will be
used. Documents will be under the control and surveillance of an authorized person
at all times when being processed. Access to remote storage will be limited and this
will help ensure the security of the documents.
TCMUD 1 Page 53 of 145 Meeting Date: May 12, 2009
Section 9 – Open Records Requests for Information
Records Affected by Public Information Act
Public records include any information that is collected, assembled, or maintained by
or for a governmental entity. The Act applies to records regardless of their format. It
includes information that is maintained in paper, tape, microfilm, video, electronic
data held in computer memory, as well as other mediums.
Open Records Requests for Information
Requests for public information can come in following formats: faxed, emailed, or
written. The District can only provide information when it is requested in writing,
faxed, or emailed. Verbal requests will not and cannot be accepted. Every attempt
should be made by staff to get the requestor to submit the “Trophy Club MUD
Request For Information” document. The requestor is not required to use the
District’s form. The requestor can request the format of the information. The District
is only required to provide to the requestor the requested format if it has the
technological ability. The District has no obligation to purchase software or hardware
to fulfill the request.
An Open Records Request does not generally require the District to produce
information that does not exist. If the information can be easily produced, it is
expected that the District will make such effort. The District will not provide standing
requests for information.
Purpose
In order to ensure compliance with state law governing requests for public
information (Open Records Requests), the following procedures have been
established for the processing of all Open Records Requests for Public Information
received by the District.
Process
The RMO is responsible for oversight of Open Records Requests for Public
Information and for ensuring timely compliance with state law requirements for
response to those requests. The District has a maximum of ten (10) business days to
respond. We are required either (1) to timely fill the response within that maximum
ten (10) business day period or (2) request a legal opinion from the Texas Attorney
General regarding the requirement to disclose the requested information. The
request to the Attorney General must specify the legal basis for nondisclosure and
must be completed within the ten (10) business day period.
The same day that an Open Records Request for Public Information is received, the
recipient shall immediately forward the original copy of the request, or forward the
TCMUD 1 Page 54 of 145 Meeting Date: May 12, 2009
email request where applicable, to the RMO for processing and tracking. If the
recipient of the request is the person who has access to or possession of the
requested documents, then the recipient should make a copy so that he/she can
gather the documents necessary to comply with the request; however, the original
shall always be forwarded to the RMO. After gathering all of the responsive
documents, those documents shall be forwarded to the RMO who will complete the
process and provide the documents to the requestor. All responsive documents shall
be submitted to the RMO within four (4) business days of receipt of the request.
When the recipient can immediately fill the request, the recipient is to provide the
copy to the requestor and then send both a copy of the request and a copy of the
responsive information provided to the RMO.
Upon receipt of an Open Records Request for Public Information, the RMO will
calendar the request and work with appropriate staff members to obtain THE
responsive documents. The Records Management Officer will make all copies and
provide the responsive documents to the requestor.
Departments that keep multiple copies of orders or resolutions available in their
respective work areas for members of the public may continue to provide copies of
those documents to the public without requiring a written request for records. If a
department is providing a copy of an order or resolution that the department does
not normally keep multiple copies of for distribution to the public, then the requestor
should be required to complete an Open Records Request form. This ensure the
request was filled within the time limits.
Staff does not have the authority to refuse to accept an Open Records Request or to
require that a requestor return on or resubmit a request on a subsequent date when
either the RMO or other staff member is available. If the request is given verbally,
Staff should advise the Requestor that the District cannot accept verbal requests.
There are NO circumstances under which an open records request may be refused.
Even if the District does not maintain the requested records, the request must be
processed through the RMO.
If there are any questions, contact the RMO or the District Manager. In their
absence, always take the Requestors Request of Information and forward to the
RMO.
Timing Issues
The District must “promptly produce” the requested information. What is considered
reasonable and prompt will vary depending on the number of documents sought by
the requestor. In some cases, the request may take weeks to fulfill. If it will take
longer than ten (10) business days to provide the records, the District must indicate
(in a written format) a set date and hour within a reasonable time that the
information will be available. The amount of time that the District has to produce
TCMUD 1 Page 55 of 145 Meeting Date: May 12, 2009
copies of records will vary depending on the amount of information that is
requested. There are six (6) situations that present timing deadlines for the
municipality, which are:
1) Notice to requestor that the District needs additional time to produce records. If
the District is unable to produce the requested record in ten (10) days, the District
must certify that fact in writing to the requestor and set a date and hour within a
reasonable time that the information will be available.
2) Notice to requestor that the District needs additional time to produce records that
are in active use or in storage. If the District needs additional time because the
records are in active use or in storage, the District must notify the requestor of this
fact. This notice must be given within ten (10) business days of the request. The
notice must set a date and hour within reasonable time that the information will be
available.
3) Notice to requestor of programming or manipulation costs. If production of the
requested information in a particular format would require additional computer
programming or manipulation of data, the District must provide written notice of this
fact. The notice must indicate that the information is not available in the requested
format. It must also state an estimated cost and the time that it would take to
provide the information in that format. The notice must include a description of the
forms in which the information is available and a description of any contract or
services that would be required to provide the information in the requested format.
This notice must be provided to the requestor within twenty (20) days of the receipt
of the request.
4) Request by a District for open records ruling from the Attorney General. If a
District plans to withhold certain documents or information, it must (in most cases)
request a ruling on the ability to withhold such information. The written request for
an Attorney General ruling must be made within ten (10) days of the receipt of the
request.
5) Notice to requestor that District sought an Attorney General ruling. The District
must provide written notice to a requestor if the District seeks an Attorney General
open records ruling on the request. This notice must be given within ten (10) business
days of the receipt of the request for records.
6) Notice to person or entity with proprietary interest in information of Attorney
General open record ruling request. If an open record request may result in the
release of proprietary information, the District must make a good faith attempt to
notify the person or entity that had such an interest of the open record ruling
request. The written notice must be sent within ten (10) business days of the date
TCMUD 1 Page 56 of 145 Meeting Date: May 12, 2009
that the original request for information. This type of notice must include the written
request for information and a statement that the person is entitled to submit a letter
to the Attorney General in support of withholding the information. The author must
inform the person that any such briefing must state each reason the person has as to
why the information should be withheld and the legal rationale supporting such an
assertion. This note must be provided within ten (10) days of the date the person
receives the written notice from the District.
Attorney General Ruling
The District is required to ask the Attorney General for an open records ruling in
almost all cases if the District wants to withhold the requested records or
information. If one believes that a particular document falls within one of the
statutory exceptions, this fact does not eliminate the need to request a ruling. If you
believe that your information is confidential, contact the RMO immediately. There are
four (4) items that must be provided with a request for an Attorney General’s ruling.
• The legal rationale for withholding the information;
• A copy of the open records request;
• A marked copy of the requested District record (reflecting the statutory or
common exemptions claimed);
• A signed statement or other evidence of when the District received the open
records request.
If an Attorney General ruling is sought, the District must provide notice to the
requestor within ten (10) days of the Open Records Request. This notice must include
a copy of the written communication that outlines the District’s rationale for
withholding the information.
The Attorney General has forty‐five (45) days to determine if the information should
be exempted from disclosure.
Inquiries to Determine the Intent of the Requestor
Staff cannot inquire as to the motives of the request for information. The District can
clarify the type of information that is actually being sought. The District can ask for
proper identification of the requestor.
Fees Associated with Open Records Request
Attached as Appendix B is a Fee Schedule from the Texas State Library for Open
Records Requests. Please refer to this schedule when charging for records or
information.
TCMUD 1 Page 57 of 145 Meeting Date: May 12, 2009
Appendix A
Designated Record Liaison Officers
Accounting/Finance ~ Renae Gonzales
Fire Department ~ Danny Thomas
Human Resources ~ Tammy Ard
MUD Administration ~ Mary Moore
Utility Billing ~ Dana McMahon
TCMUD 1 Page 58 of 145 Meeting Date: May 12, 2009
Appendix B
Open Records Request Fee Schedule
Supplies, postage, shipping and third-party access or use charges will be billed at actual costs.
The minimum fee for any service requiring an invoice is $1.00.
Sources for the following quoted amounts may be found at: 13 TAC 2.51 and 1 TAC 111.61 –
111.70
Photocopies
Standard-size (8.5 inches by 14 inches or smaller) copies:
.10 cents/page
Over-size (larger than 8.5 inches by 14 inches) copies:
.50 cents/page
Certification of copies:
$1.00/instrument
FAX
Local: $.10 cents/page
Long-distance, same area code: $.50 cents/page
Long-distance, different area code: $1.00/page
Other
Diskette: $1.00
Magnetic Tape: $10.00/roll
VHS Videocassette: $2.50/each
Audiocassette: $1.00/each
Color Transparencies:
4 inches by 5 inches (90 day rental)
$30.00/each
Duplicates of Archival Photographs
$5.00/each (not including reproduction costs)
TCMUD 1 Page 59 of 145 Meeting Date: May 12, 2009
APPENDIX C
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2009 TCMUD 1 & 2 RECORDS RETENTION SCHEDULE
33
APPENDIX D
TCMUD 1 Page 100 of 145 Meeting Date: May 12, 2009
5000-02 COMPLAINTS Final settlement of complaint + 2 years. AV after indication made. 5000-03 CONFIDENTIALITY REQUESTS A. If indication of confidentiality is made in a customer account history. CONFIDENTIALITY REQUESTS B. If indication of confidentiality is not made in a customer account history. Until destruction of all records that contain personal information about the customer. Exempt from destruction request requirement 5000-04 CUSTOMER BILLING RECORDS (All other government utilities, if records document the payment of any monies remittable to the State Comptroller of Public Accounts. FE + 5 years. 5000-06 CUSTOMER USAGE REPORTS AND PLANS 3 years. 5000-07 DISCONTINUANCE OF SERVICE RECORDS 1 year. Exempt from destruction request requirement TCMUD 1Page 101 of 145Meeting Date: May 12, 2009
US + 1 year. 5000-09 EQUIPMENT INVENTORY RECORDS A. For a complete inventory that is periodically revised and reprinted. EQUIPMENT INVENTORY RECORDS B. For an inventory that is maintained on cards or similar discrete media. PERMANENT - Records of individual items may be pulled from a card or similar file and destroyed when the item is junked or salvaged. Exempt from destruction request requirement 5000-10 MAPS AND PLATS US Review before disposal; some maps may merit permanent retention for historical reasons. Exempt from destruction request requirement 5000-11 METER READING RECORDS 3 years. 5000-12 OPERATION AND MAINTENANCE MANUALS US Exempt from destruction request requirement TCMUD 1Page 102 of 145Meeting Date: May 12, 2009
PERMANENT. 5000-13 PLANNING STUDIES AND REPORTS A. Special planning studies or reports prepared by order or request of the governing body or considered by the governing body (as reflected in its minutes) or ordered or requested by a state or federal agency or a court. PLANNING STUDIES AND REPORTS B. All other planning reports or studies. 10 years Review before disposal; many records of this type may merit permanent or long-term retention for administrative or historical reasons. See also item number 1000-39 in Local Schedule GR (Records Common to All Local Governments) 5000-15 RATE SCHEDULES, REGULATIONS, AND CHANGE DOCUMENTATION a. Maintained by a local government as operator of a utility. PERMANENT 1 year. Exempt from destruction request requirement. 5000-16 SERVICE APPLICATION AND DEPOSIT RECORDS a) Service applications, unless needed for (b). SERVICE APPLICATION AND DEPOSIT RECORDS b) Receipts, refund cards, and related records documenting customer deposits and refunds. FE of refund of deposit or its credit to unpaid balance + 3 years. TCMUD 1Page 103 of 145Meeting Date: May 12, 2009
SERVICE APPLICATION AND DEPOSIT RECORDS c) Records of unclaimed deposits. 4 years. By regulation - 30 TAC 91.84(f)(3) for water utilities. 5000-17 SERVICE INTERRUPTION RECORDS 3 years. 5000-18 STANDARDS AND SPECIFICATIONS FILES AV Exempt from destruction request requirement 5000-19 WORK ORDERS 2 years 5025-01 BACTERIOLOGICAL ANALYSIS RECORDS 5 years 5025-02 CHEMICAL ANALYSIS RECORDS 10 years 5025-03 GROUNDWATER MONITORING RECORDS 3 years 5025-05 LEAD AND COPPER COMPLIANCE RECORDS 12 years TCMUD 1Page 104 of 145Meeting Date: May 12, 2009
5025-06 OPERATIONAL PERMITS AND APPROVALS Expiration, cancellation, revocation, or denial + 5 years. 5025-07 OPERATIONS RECORDS 3 years. 3 years. 5025-08 REPORTS TO REGULATORY AUTHORITIES a) Periodic reports compiled and submitted on less than an annual basis. REPORTS TO REGULATORY AUTHORITIES b) Annual and biennial reports or special reports ordered or required by a regulatory authority. PERMANENT 5025-09 SANITARY SURVEYS 10 years 5025-10 TAP AND HOOK-UP LOGS PERMANENT TCMUD 1Page 105 of 145Meeting Date: May 12, 2009
5025-11 VIOLATION REPORTS 3 years after last action taken with respect to the particular violation. Expiration, cancellation, revocation, or denial of the permit + 5 years. 5025-12 WATER AND WASTEWATER PERMIT FILES a) Applications for and similar records relating to the issuance and renewal of permits by a local government for the installation of septic tanks, water and sewer taps and hook-ups, and water meters; for waste discharge; and for other water or wastewater-related installations or activities required by ordinance, regulation, or statute (for logs of such permits see item numbers 5025-10 and 5025-13). WATER AND WASTEWATER PERMIT FILES b) Records concerning variances or exemptions. Expiration of variance or exemption + 5 years. 5025-13 WATER AND WASTEWATER PERMIT LOGS PERMANENT. TCMUD 1Page 106 of 145Meeting Date: May 12, 2009
Government TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 Office (if Applicable) Department (If Applicable) Address 100 MUNICIPAL DRIVE LOCAL GOVERNMENT RECORDS CONTROL SCHEDULE Pursuant to Local Government Code § 203.041 Texas State Library and Archives Commission SLR 500 (2/93) City TROPHY CLUB Zip 76262 Telephone 682-831-4685 Records Management Officer ORIGINAL FILING AMENDED FILING Date ___5/8/2009____ Page ____7____ of ____7____ RETENTION PERIOD RECORD NUMBER RECORD TITLE OFFICE STORAGE TOTAL DISPOSITION X 5025-14 WATER AND WASTEWATER TREATMENT SLUDGE RECORDS c) Monitoring information relating to sewage sludge use and disposal activities. WATER AND WASTEWATER TREATMENT SLUDGE RECORDS d) Trip tickets completed by transporter and retained by generator of sludge. 5 years 5025-15 WATER POLLUTION CONTROL AND ABATEMENT FILES 5 years TCMUD 1Page 107 of 145Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-66-M1
File ID: Type: Status: 09-66-M1 M1 Order Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action regarding Order 2009-0512-B, adopting a
revised Drought Contingency Plan.
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1-Order-2009-0512-B-RvsdDroughtContingencyPla
n.pdf ,2009 Revised Drought Contingency Plan.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-66-M1
Discuss and take appropriate action regarding Order 2009-0512-B, adopting a revised Drought
Contingency Plan.
MUDs are required under Section 11.1272 of the Texas Water Code as well as under Texas
Administrative Code Title 30, Part 1, Chapter 288, Subchapter B, Rule 288.20 and Rule 288.22, to
update/revise the Drought Contingency Plan. The last Plan was approved/adopted in 2000 by
Resolution 2000-0822. Staff recommends review and approval of attached Order, adopting a
revised Drought Contingency Plan. Because we have fewer than 3,300 connections and serve less
than 10,000 customers, we will not need to submit this Plan to the State/TCEQ.
TCMUD 1 Page 108 of 145 Meeting Date: May 12, 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
Order No. 2009 – 0512‐B
AN ORDER OF THE BOARD OF DIRECTORS OF TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (TCMUD 1)
ADOPTING A REVISED DROUGHT CONTINGENCY PLAN.
WHEREAS, Trophy Club Municipal Utility District No. 1 (TCMUD 1) is a water
district operating pursuant to Chapter 54 of the Texas Water Code; and
WHEREAS, the Board of Directors of TCMUD 1, as a provider of water services
in Trophy Club, finds that the conservation of water and protection of water supplies
are in the best interest of its citizens;
WHEREAS, the Board recognizes that natural limitation due to drought
conditions and other acts of God cannot guarantee an uninterrupted water supply
for all purposes;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the
Texas Commission on Environmental Commission require all public water supply
systems in Texas to review and revise their drought contingency plan; and
WHEREAS, as authorized under law, and in the best interests of the customers
of TCMUD 1, the Board deems it expedient and necessary to establish certain rules
and policies for the orderly and efficient management of limited water supplies
during drought and other water supply emergencies.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
TCMUD 1, THAT:
1. That the Revised Drought Contingency Plan attached hereto as
Exhibit A and made part hereof for all purposes be, and the same is hereby,
adopted as the official policy of TCMUD 1.
2. That the District Manager is hereby directed to implement,
administer and enforce the Drought Contingency Plan.
3. That this Plan shall take effect immediately upon its passage.
TCMUD 1 Page 109 of 145 Meeting Date: May 12, 2009
PASSED, APPROVED AND SIGNED BY THE BOARD OF DIRECTORS of Trophy
Club Municipal Utility District No. 1 on this 12th day of May, 2009.
____________________________
Dean Henry
President, TCMUD 1
(SEAL)
____________________________
Constance S. White
Secretary, TCMUD 1
TCMUD 1 Page 110 of 145 Meeting Date: May 12, 2009
Revised Drought Contingency Plan
for
Trophy Club Municipal Utility District No. 1
and
Trophy Club Municipal Utility District No. 2
~ TCMUD 1 & TCMUD 2 ~
Section I: Declaration of Policy Purpose, and Intent
The purpose of this Drought Contingency and Emergency Water Management Plan
(subsequently referred to as the Plan) is as follows:
• To conserve the available water supply in times of drought and emergency
• To maintain supplies for domestic water use, sanitation, and fire protection
• To protect and preserve public health, welfare, and safety
• To minimize the adverse impacts of water supply shortages
• To minimize the adverse impacts of emergency water supply conditions
Water uses regulated or prohibited under this Plan are considered to be non‐essential
and continuation of such uses during times of water shortage or other emergency
water supply conditions are deemed to constitute a waste of water which subjects
the offender(s) to penalties, as defined in Section X (Enforcement) of this Plan.
Section II: Public Involvement
Opportunity of the public to provide input into the preparation of the Plan was
provided by TCMUD 1 & 2 by means of one (1) public meeting to accept input on the
Plan.
Section III: Public Education
TCMUD 1 & 2 will periodically provide the public with information about the Plan,
including information about the conditions under which each stage of the Plan is to
be initiated or terminated and the drought response measures to be implemented in
each stage. This information will be provided by means of press releases, posting of
the Plan on MUD webpage, and via utility bill messages and/or inserts.
TCMUD 1 Page 111 of 145 Meeting Date: May 12, 2009
Section IV: Coordination with Regional Water Planning Groups
TCMUD 1 & 2 purchase water from City of Fort Worth Water Department, which is
mixed with water from several water wells of TCMUD 1 & 2. In accordance with
Section 2.3 of the wholesale contract with City of Fort Worth, TCMUD 1 & 2 will
institute and apply the same rationing, conservation measures or and/or restrictions
for the use of water by our customers for so long as TCMUD 1 & 2 purchase water
from City of Fort Worth.
The service area of TCMUD 1 & 2 is located within the Region C: North Texas
Municipal Water District and TCMUD 1 & 2 will provide a copy of this Plan to North
Texas Municipal Water District. A copy of this Plan will also be provided to the City of
Fort Worth.
Section V: Authorization to Initiate Drought / Emergency Water
Management Stage
The Board of Directors for TCMUD 1 & 2 and the District Manager, or his/her designee,
is hereby authorized and directed to implement the applicable provisions of this Plan
upon determination that one or more triggers for that stage is met and upon
notification by City of Fort Worth.
Section VI: Application
The provisions of this Plan shall apply to all persons, customers, and property utilizing
potable water provided by TCMUD 1 & 2. The terms “person” and “customer” as
used in the Plan include individuals, corporations, partnerships, associations, and all
other legal entities. The Plan does not apply to locations using treated wastewater
effluent or private wells.
Section VII: Definitions
For the purposes of this Plan, the following definitions shall apply:
Aesthetic water use: Water use for ornamental or decorative purposes such as
fountains, reflecting pools, and water gardens.
Commercial and institutional water use: Water use that is integral to the operations
of commercial and non‐profit establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office buildings.
Conservation: Those practices, techniques, and technologies that reduce the
consumption or water, reduce the loss or waste of water, improve the efficiency in
TCMUD 1 Page 112 of 145 Meeting Date: May 12, 2009
the use of water or increase the recycling and reuse of water so that a supply is
conserved and made available for future or alternative uses.
Customer: Any person, company, or organization using water supplied by TCMUD 1
and/or TCMUD 2.
District: Trophy Club Municipal Utility District No. 1 (“TCMUD 1”) and/or Trophy Club
Municipal Utility District No. 2 (“TCMUD 2”) either separately or acting jointly as the
Trophy Club Master District as the governmental entities in the Town of Trophy Club
that provide water, sewer and fire protection services to customers within their
boundaries or to customers outside their boundaries by contract with the Town of
Trophy Club.
District Manager: The full‐time, paid, chief administrator for the District.
Domestic Water Use: Water use for personal needs or for household or sanitary
purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a
residence, business, industry, or institution.
Drought: Generally a lack of adequate water to supply needs or replenish supplies
used.
Even number address: Street addresses, box numbers, or rural postal route numbers
ending in 0, 2, 4, 6 or 8 and locations without addresses.
Industrial Water Use: The use of water in processes designed to convert materials of
lower value into forms having greater usability and value.
Landscape Irrigation Use: Water used for the irrigation and maintenance of
landscaped areas, whether publicly or privately owned, including residential and
commercial lawns, gardens, golf courses, parks and rights‐of‐way and medians.
Municipal Utility Districts: Trophy Club Municipal Utility District No. 1 (“TCMUD 1”)
and/or Trophy Club Municipal Utility District No. 2 (“TCMUD 2”) either separately or
acting jointly as the Trophy Club Master District as the governmental entities in the
Town of Trophy Club that provide water, sewer and fire protection services to
customers within their boundaries or to customers outside their boundaries by
contract with the Town of Trophy Club.
Non‐essential water use: Water uses that are neither essential nor required for the
protection of public, health, safety, and welfare, including:
a. Irrigation of landscape areas, including areas, including parks, athletic fields,
and golf courses, except otherwise provided under this Plan;
TCMUD 1 Page 113 of 145 Meeting Date: May 12, 2009
b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or
other vehicle;
c. Use of water to wash down any sidewalks, walkways, driveways, parking lots,
tennis courts, or other hard‐surfaced areas;
d. Use of water to wash down buildings or structures for purposes other than
immediate fire protection;
e. Flushing gutters or permitting water to run or accumulate in any gutter or
street;
f. Use of water to fill, refill, or add to any indoor or outdoor swimming pools or
Jacuzzi‐type pools;
g. Use of water in a fountain or pond for aesthetic or scenic purposes except
where necessary to support aquatic life;
h. Failure to repair a controllable leak(s) within a reasonable period after having
been given notice directing the repair of such leak(s); and
i. Use of water from hydrants for construction purposes or any other purposes
other than fire fighting.
Odd numbered address: Street addresses, box numbers, or rural postal route
numbers ending in 1, 3, 5, 7 or 9.
Person: Any Person, entity, firm, partnership, association, corporation, company, or
organization of any kind.
Rationing: Limits the amount of water than can be used.
Water: Water taken from any public water supply or distribution system within the
boundaries of the districts, potable or non‐potable, and means either raw or potable
water.
Section VIII: Criteria for Initiation and Termination of Drought
Response Stages
The District Manager, or his/her designee, shall monitor water supply and/or demand
conditions on a monthly basis during non‐trigger times and a daily basis during
trigger times and shall determine when conditions warrant initiation or termination
of each stage of the Plan, that is, when the specified “triggers” are reached.
The triggering criteria described below are based on many conditions. First, because
the City of Fort Worth is the primary water provider, TCMUD 1 & 2 will adhere to the
triggers established by City of Fort Worth, through notification procedures
established in the agreement. Second, identified local conditions will be used to
implement the stages listed below. Local conditions include known system capacity,
time of the year, weather conditions, and staff monitoring of the water supply.
TCMUD 1 Page 114 of 145 Meeting Date: May 12, 2009
Notification
Notification of the Public:
The District Manager or his/her designee shall notify the public by means of:
1. Publication in newspaper of general circulation;
2. Public Service announcements (cable channel and/or website,
marquees, list‐serve);
3. Signs posted in public places.
Additional Notification:
The District Manager or his/her designee shall notify directly, or cause to be notified
directly, the following individuals and entities:
1. Board of Directors for TCMUD 1 & 2 (Direct Notice);
2. Mayor, Town Manager, and Town Council Members (Direct Notice);
3. Fire Chief (Direct Notice);
4. TCEQ (Texas Commission on Environmental Quality) (required when
mandatory restrictions are imposed);
5. Major water users; and/or
6. Parks / Street Superintendents and Public Facilities Managers
TCMUD 1 Page 115 of 145 Meeting Date: May 12, 2009
Stage 1 Response Triggers ~ Water Watch (Mild)
Triggering Conditions
• Water demand reaches or exceeds 90% of reliable delivery capacity for three
(3) consecutive days.
• Contamination of City of Fort Worth’s water treatment or distribution system.
• Inadequate delivery capacity by City of Forth Worth.
• Failure or damage of/to City of Fort Worth’s water supply system.
• Water demand approaches a reduced delivery capacity for all or part of the
system due to supply or production capacity limitation including
contamination of the system.
• Pursuant to requirements established in the agreement with City of Fort
Worth, notification is received requesting initiation of the Stage 1 of their
Drought Contingency Plan.
Requirements for Termination
Stage 1 may terminate when City of Fort Worth terminates its Stage 1 condition or
when the circumstance that caused the initiation of Stage 1 no longer prevails.
Goal for Use Reduction for Stage 1
The goal for water‐use reduction under Stage 1, Water Watch, is five percent (5%). If
circumstances warrant or if required by the City of Fort Worth, the District Manager or
his/her official designee, can set a goal for greater water use reduction.
All Water Users
• Initiate mandatory restrictions to prohibit non‐essential water use as follows:
o Prohibit hosing of paved areas, such as sidewalks, driveways, parking
lots, tennis courts, patios, or other impervious surfaces, except to
alleviate an immediate health or safety hazard.
o Prohibit hosing of buildings or other structures for purposes other
than fire protection or surface preparation prior to painting.
TCMUD 1 Page 116 of 145 Meeting Date: May 12, 2009
o Prohibit using water in such a manner as to allow runoff or other
waste, including:
Failure to repair a controllable leak, including a broken sprinkler
head, a leaking valve, leaking or broken pipes, or a leaking faucet;
Operating a permanently installed irrigation system with: (a) a
broken head; (b) a head that is out of adjustment and the arc of the
spray head is over a street or parking lot; or (c) a head that is
misting because of high water pressure; or
During irrigation, allowing water (a) to run off a property and form
a stream of water in a street for a distance of 50 feet or greater; or
(b) to pond in a street or parking lot to a depth greater than one‐
quarter of an inch.
• Prohibit outdoor watering with sprinklers or irrigation systems between 10
a.m. and 6 p.m.
• Limit landscape watering with sprinklers or irrigation systems at each service
address to a twice per week schedule as outlined below. This includes
landscape watering of parks, golf courses, and sports fields. Wholesale
customers may use a different watering schedule than the one below as long
as it limits each service address to a twice per week schedule; however, use of
the same schedule would simplify the messages passed to customers through
the news media.
o Residential addresses ending in an even number (0, 2, 4, 6, or 8) may
water on Wednesdays and Saturdays.
o Residential addresses ending in an odd number (1, 3, 5, 7 or 9) may
water on Thursdays and Sundays.
o All non‐residential locations (apartment complexes, businesses,
industries, parks, medians, etc.) may water on Tuesdays and Fridays.
Exceptions:
Foundations may be watered up to two hours on any day using a
handheld hose, soaker hose or drip irrigation system placed within
24‐inches of the foundation that does not produce a spray of water
above the ground.
TCMUD 1 Page 117 of 145 Meeting Date: May 12, 2009
Newly installed shrubs (first year) and trees (two years) may be
watered up to two hours on any day by handheld hose, drip
irrigation, a soaker hose or tree bubbler. Tree watering is limited to
an area not to exceed the drip line of a tree.
Outdoor watering at service addresses with large multi‐station
irrigation systems may take place in accordance with a variance
granted by the District Manager, if the District Manager determines
that a property cannot be completely irrigated with an average of
three‐quarters of an inch of water in a single day, and that the
property should be divided into sections to be irrigated on different
days.
Establishing new turf is discouraged. If hydro mulch, grass sod, or
grass seed is installed for the purpose of establishing a new lawn,
there are no watering restrictions for the first 30 days while it is
being established. After that, the watering restrictions set forth in
this stage apply. (This does not include overseeding with rye since
turf already exists.)
Golf courses may water greens and tee boxes without restrictions,
however watering must be done before 10 a.m. and after 6 p.m.
Fairways are restricted to twice per week watering as outlined
above. Golf course rough is restricted to once per week watering.
Skinned areas of sports fields may be watered as needed for dust
control.
Professional sports fields (playing fields within a stadium only – not
surrounding landscaping) may be watered as needed to maintain
league standards.
All users are encouraged to reduce the frequency of draining and
refilling swimming pools.
All users are encouraged to use native and adapted drought
tolerant plants in landscaping.
Washing of any motor vehicle, motorbike, boat, trailer, airplane, or
other vehicle shall be limited to the use of a hand‐held bucket or a
hand‐held hose equipped with a positive‐pressure shutoff nozzle
for quick rinses. Vehicle washing may be done at any time on the
premises of a commercial car wash or commercial service station.
Companies with an automated on‐site vehicle washing facility may
TCMUD 1 Page 118 of 145 Meeting Date: May 12, 2009
wash its vehicles at anytime. Further, such washing may be exempt
from these requirements if the health, safety, and welfare of the
public are contingent upon frequent vehicle cleansing, such as
garbage trucks and vehicles used to transport food and
perishables.
MUD Requirements during Stage 1
In addition to the actions listed above:
• Review conditions and problems that caused Stage 1 and take corrective
action.
• Increase public education efforts on ways to reduce water use.
• Increase enforcement efforts.
• Intensify leak detection and repair efforts.
Commercial Customers
• All actions listed above for all water users apply to commercial users.
• Hotels, restaurants, and bars are encouraged to serve drinking water to
patrons on an “on‐demand” basis.
• Hotels are encouraged to implement laundry conservation measures by
encouraging patrons to reuse linens and towels.
TCMUD 1 Page 119 of 145 Meeting Date: May 12, 2009
Stage 2 Response Triggers – Water Warning
Triggering Conditions for Stage 2
• Water demand reaches or exceeds 95% of reliable delivery capacity for
three consecutive days. The delivery capacity could be citywide or in a
specified portion of the system.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system equals or exceeds delivery
capacity because delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or
damage of major water system components.
Requirements for Termination
Stage 2 may terminate when City of Fort Worth terminates its Stage 2 condition or
when the circumstance that caused the initiation of Stage 2 no longer prevails.
Goal for Use Reduction for Stage 2
The goal for water use reduction under Stage 2 – Water Warning is to decrease use
by 10 percent (10%). If circumstances warrant or if required by the City of Fort Worth,
the District Manager or his/her official designee can set a goal for greater water use
reduction.
MUD Requirements during Stage 2
The District Manager or his/her official designee may order the implementation of
any of the actions listed below, as deemed necessary. The District Manager or his/her
official designee must implement any actions(s) required by the City of Fort Worth.
• Continue or initiate any actions available under Stage 1.
All Water Users
• Limit landscape watering with sprinklers or irrigation systems to a once per
week schedule at each service address as determined by the District Manager.
This includes landscape watering at parks, golf courses, and sports fields.
Wholesale customers may use a different watering schedule than the one
used for Fort Worth retail customers as long as it limits each service address
TCMUD 1 Page 120 of 145 Meeting Date: May 12, 2009
to once per week schedule; however, use of the same schedule would simplify
the messages passed to customers through the news media.
Exceptions:
o Foundations may be watered up to two hours on any day by handheld
hose; or using a soaker hose or drip irrigation system placed within 24‐
inches of the foundation that does not produce a spray of water above
the ground.
o Newly installed shrubs (first year) and trees may be watered up to two
hours on any day by handheld hose, drip irrigation, or a soaker hose.
Tree watering is limited to an area not to exceed the drip line of a tree.
o Outdoor watering at service addresses with large multi‐station
irrigation systems may take place in accordance with a variance
granted by the District Manager, if the District Manager determines
that a property can not be completely irrigated with an average of
three‐quarters of an inch of water in a single day, and that the property
should be divided into sections to be irrigated on different days.
o Golf courses may water greens and tee boxes as needed to keep them
alive, however watering must be done before 10 a.m. and after 6 p.m.
Fairways are restricted to once per week watering as outlined above.
Golf course rough cannot be watered.
o Watering for dust control on skinned areas of sport fields is not
allowed.
o Professional sports fields (playing fields within a stadium only – not
surrounding landscaping) may be watered as needed to maintain
league standards.
o All users are encouraged to wait until the current drought or
emergency situation has passed before establishing new landscaping
and turf. If hydromulch, grass sod, or grass seed is installed for the
purpose of establishing a new lawn, there are no watering restrictions
for the first 30 days while it is being established. After that, the
watering restrictions set forth in this stage apply. (This does not
include overseeding with rye since turf already exists.)
• Prohibit use of water for dust control, except to protect public health.
TCMUD 1 Page 121 of 145 Meeting Date: May 12, 2009
• Prohibit the operation of ornamental fountains or ponds that use
potable water except where necessary to support aquatic life or where
such fountains or ponds are equipped with a recirculation system.
• Prohibit filling of swimming pools with automatic valves.
District’s Responsibility
• Review conditions or problems that caused Stage 2 and take corrective
action.
• Increase frequency of media releases on water supply conditions.
• Further accelerate public education efforts on ways to reduce water
use.
• Eliminate non‐essential water use. As used herein, non‐essential water
uses are those that do not have any health or safety impact and are not
needed to meet the core function of the agency.
• Prohibit wet street sweeping.
• TCMUD 1 & 2 will implement the same stage and measures in
accordance with Section 2.3 of our wholesale water contract, and will
institute and apply the same rationing, conservation measures or
restrictions to the use of water by our customers for so long as any
part of our total water supply is being furnished by Fort Worth.
Commercial Customers
• All actions listed above for all water users apply to commercial and
industrial users.
• Use of water from fire hydrants for any purpose other than firefighting
related activities or other activities necessary to maintain public health,
safety and welfare requires a special permit issued by the District
Manager. Fire hydrant use may be limited to only designated hydrants.
TCMUD 1 Page 122 of 145 Meeting Date: May 12, 2009
Stage 3 Response Triggers – Emergency Water Use
Triggering Conditions for Stage 3
• Water demand has reached or exceeds 98% of reliable delivery capacity
for one (1) day.
• Contamination of the water supply source(s) or water supply system.
• Demand for all or part of the delivery system exceeds delivery capacity
because delivery capacity is inadequate.
• Water supply system is unable to deliver water due to the failure or
damage of major water system components.
Terminating Conditions for Stage 3
Stage 3 may terminate when the City of Fort Worth terminates its Stage 3 condition
or when the circumstances that caused the initiation of Stage 3 no longer prevail.
Goals for Use Reduction for Stage 3
The goal for water use reduction under Stage 3, Emergency Water Use, is to decrease
use by 20 percent (20%). If circumstances warrant or if required by the City of Fort
Worth, the District Manager or his/her official designee can set a goal for a greater
water use reduction.
Actions Available for Stage 3
The District Manager or his/her official designee may order the implementation of
any of the actions listed below, as deemed necessary. The District Manager or his/her
official designee must implement any action(s) required by the City of Fort Worth
Water Department.
• Continue or initiate any actions available under Stages 1 and 2.
All Water Users
• Prohibit landscape watering, including at parks, golf courses, and
sports fields.
TCMUD 1 Page 123 of 145 Meeting Date: May 12, 2009
Exceptions:
o Foundations may be watered up to two hours on any day by handheld
hose; or using a soaker hose or drip irrigation system placed within 24‐
inches of the foundation that does not produce a spray of water above
the ground.
o Trees may be watered up to two hours on any day by handheld hose,
drip irrigation, or a soaker hose. Tree watering is limited to an area not
to exceed the drip line of a tree.
o Golf course greens only may be watered by hand‐held hose as needed
to keep them alive, however watering must be done before 10 a.m.
and after 6 p.m.
o Professional sports fields (playing fields with a stadium only – not
surrounding landscaping) may be watered as needed to maintain
league standards.
• Prohibit establishment of new landscaping.
• Vehicle washing restricted to commercial car wash, commercial service
station or a private on‐site vehicle washing facility and can only be done as
necessary for health, sanitation, or safety reasons, including but not
limited to the washing of garbage trucks and vehicles used to transport
food and other perishables. All other vehicle washing is prohibited.
• Prohibit the operation of ornamental fountains or ponds that use potable
water except where necessary to support aquatic life.
• Prohibit the draining, filling, or refilling of swimming pools, wading pools
and Jacuzzi type pools. Existing private and public pools may add water to
maintain pool levels; however they may not be refilled using automatic fill
valves.
District’s Responsibility
In addition to actions listed above:
• Continue or initiate any actions available under Stages 1 and 2.
• Review conditions or problems that caused Stage 3 and take corrective
action.
• Implement viable alternative water supply strategies.
TCMUD 1 Page 124 of 145 Meeting Date: May 12, 2009
• Increase frequency of media releases explaining emergency situation.
• Reduce district and city government water use to maximum extent
possible.
• Prohibit the permitting of new swimming pools, Jacuzzi type pools, spas,
ornamental ponds and fountain construction. Pools already permitted and
under construction may be completely filled with water.
• TCMUD 1 & 2 will implement the same stage and measures in accordance
with Section 2.3 of the wholesale water contract with City of Fort Worth.
Per the contract, TCMUD 1 & 2 are required to institute and apply the same
rationing, conservation measures or restrictions to the use of water by our
customers for so long as any part of our total water supply is being
furnished by Fort Worth.
Commercial Customers
• All actions listed above for all water users apply to commercial and
industrial users.
• Hotels, restaurants, and bars are required to serve drinking water to
patrons on an “on demand” basis.
• Hotels are required to implement laundry conservation measures by
encouraging patrons to reuse linens and towels.
• Commercial water users will be required to reduce water use by a set
percentage determined by the District Manager.
• Use of water from hydrants for any purpose other than firefighting‐
related activities or other activities necessary to maintain public health,
safety and welfare requires a special permit issued by the District
Manager. Fire hydrant use may be limited to only designated hydrants.
TCMUD 1 Page 125 of 145 Meeting Date: May 12, 2009
Section IX: Procedures for Granting Variances to the Plan
The District Manager or his/her official designee may grant temporary variances for
existing water uses otherwise prohibited under this Drought Contingency Plan if one
or more of the following conditions are met:
• Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public or the
person requesting the variance.
• Compliance with this plan cannot be accomplished due to technical or other
limitations.
• Alternative methods that achieve the same level of reduction in water use can
be implemented.
Variances shall be granted or denied at the discretion of the District Manager or
his/her official designee. All petitions for variances should be in writing and should
include the following information:
• Name and address of the petitioner(s)
• Purpose of water use
• Specific provisions of the Plan from which the petitioner is requesting relief
• Detailed statement of the adverse effect of the provision from which relief is
requested
• Description of the relief requested
• Period of time for which the variance is sought
• Alternative measures that will be taken to reduce water use
• Other pertinent information.
TCMUD 1 Page 126 of 145 Meeting Date: May 12, 2009
Section X: Enforcement Procedures for Mandatory Water Use
Measures
a. No person shall knowingly or intentionally allow the use of District
water for residential, commercial, industrial, agricultural,
governmental, or any other purpose in a manner contrary to any
provision of this Plan, or in an amount in excess of that permitted by
the Drought Response Stage in effect at the time pursuant to action
taken by Board of Directors of TCMUD 1 & 2 or the District Manager, or
his/her designee, in accordance with the provisions of this Plan.
b. Any person who violates this Plan may be subject to a civil penalty of
not more than five thousand dollars ($5,000.00), plus reasonable fees
to the District for attorneys, expert witnesses, and other costs incurred
by the District before the courts with the amount of the attorneys’ fees
to be fixed by the court. Each day that one or more of the provisions in
the Plan is violated shall constitute a separate offense. If a person is
found to have committed three (3) or more distinct violations of this
Plan, the District Manager shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where such
violations occur. Services discontinued under such circumstances shall
be restored only upon payment of a reconnection charge, hereby
established at twenty five dollars ($25.00) and any other costs incurred
by the District for discontinuing water service. In addition, suitable
assurance must be given to the District Manager that the same action
shall not be repeated while the Plan is in effect. Compliance with this
Plan may also be sought through injunctive relief in the District Court.
c. Any Person, including a Person classified as a water customer of the
District, in apparent control of the property where a violation occurs or
originates, shall be presumed to be the violator, and proof that the
violation occurred on the person’s property shall constitute a
rebuttable presumption that the person in apparent control of the
property committed the violation. Parents shall be presumed to be
responsible for violations of their minor children and proof that a
violation, committed by a child, occurred on property within the
parents’ control shall constitute a rebuttable presumption that the
parent committed the violation, but any such parent may be excused if
he/she proves that he/she had previously directed the child not to use
the water as it was used in violation of this Plan and that the parent
could not have reasonably known of the violation.
TCMUD 1 Page 127 of 145 Meeting Date: May 12, 2009
TMUD 1 & 2 Revised Drought Contingency Plan ~ May 2009
18
d. Any supervisory employee of the District, Police Officer, or other
employee designated by the District Manager, may issue a written
notice of violation to a person he/she reasonably believes to be in
violation of this Plan. The notice shall contain the name and address of
the alleged violator, if known, and the offense charged. Service of the
notice shall be complete upon delivery to the alleged violator, to an
agent or employee of the violator, or to a person over fourteen (14)
years of age who is a member of the violator’s immediate family or is a
resident of the violator’s residence. The District may sue to recover
the civil penalty in a Justice Court of Denton County, Texas.
Section XI Review and Update of Drought Contingency Plan
As required by TCEQ rules, TCMUD 1 & 2 will review this Drought Contingency Plan
before May 2014 and at least every five years thereafter. The Plan will be updated as
appropriate, based on new or updated information.
TCMUD 1 Page 128 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-67-M1
File ID: Type: Status: 09-67-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/29/2009File Created:
Final Action: *File Name:
Title: Review and Approve Minutes:
a. April 14, 2009 - Regular Session
b. April 14, 2009 - Joint Session
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1 Minutes 041409.pdf ,M1-M2Joint Minutes
041409.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-67-M1
Review and Approve Minutes:
a. April 14, 2009 - Regular Session
b. April 14, 2009 - Joint Session
[Enter body here.]
TCMUD 1 Page 129 of 145 Meeting Date: May 12, 2009
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
APRIL 14, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Regular Session on Tuesday, April 14, 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
Kathy DuBose Finance Director
Danny Thomas Fire Chief
Mary Moore MUD Secretary
Mike Pastor IT Manager
Bob West MUD 1 Attorney
Peggy Sweeney 51 Meadowbrook Drive
Bill Rose 219 Inverness Drive
Steven Kohs MUD 2 Director
Greg Lamont 15 Avalon Drive
REGULAR SESSION
Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 5:00 p.m.
Citizen Comments(s) and/or Presentation(s)
No citizen comments.
1. Discuss and take appropriate action regarding TexPool Bank Resolution, amending
Authorized Representatives on signature accounts.
Director Cantrell moved to approve the TexPool Bank Resolution, as submitted, amending the
signatures to Robert Scott, Mary Moore, and Kathy DuBose. Director White seconded the
motion. Floor opened for discussion.
Motion carried unanimously.
2. Discuss and take appropriate action regarding First Financial Bank Resolution,
amending Authorized Representatives on signature accounts.
Director Cantrell moved to approve the First Financial Bank Resolution, as submitted by staff,
amending the Authorized Representatives on the signature accounts to Robert Scott, Mary
Moore, Kathy DuBose and Dean Henry. Director Hase seconded the motion.
Motion carried unanimously.
3. Discuss and take appropriate action regarding Amendment to the Information Form
required by Section 49.455 of the Texas Water Code.
TCMUD 1 Page 130 of 145 Meeting Date: May 12, 2009
Attorney West advised he has talked with Bond Counsel and has updated the Amendment to
the Information Form to reflect the correct amount in Paragraph 5, Issued Bonds, and the
document is ready for the Board’s action.
Director White moved to approve the Amendment to the Information Form. Director
Cantrell seconded the motion. Floor opened for discussion.
Motion carried unanimously.
4. 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 would like to go into closed session to discuss this agenda item.
Board agreed to discuss this in Closed Session
Action: No action.
5. Discuss and take appropriate action concerning the bond issue for the New Fire
Station.
District Manager Scott advised that he has talked with TCEQ and there are five applications in
front of ours, and it looks like TCEQ will take the full 180 days before we receive an answer
regarding our Bond Application.
Attorney West clarified that some time in February, we received a letter requesting additional
information and Staff submitted information back to TCEQ within two days. Once that
information was received by TCEQ, stating the Bond Application was administratively complete.
West verified that the start date of 180 days began once TCEQ declared the Bond Application
administratively complete.
District Manager Scott verified that was correct.
Action: Discussion only.
6. Discuss and take appropriate action concerning MUD 1’s financial situation.
Finance Director DuBose stated the auditors have provided audit entries and Finance has
started inputting those entries. Finance did find that one entry was duplicated and they are in
the process trying to tie what is in our system, the general ledger and what is in financial
statements.
Finance Director DuBose suggested that if we know we are going to have an expense and the
expense is substantial, then we should amend our budget. If we had our amended budget, we
would have easily found or eliminated the duplicate entry (from 2006).
Action: Discussion only; no action.
7. Discuss and take appropriate action concerning the Town's Plan to absorb MUD 2.
Director Cantrell asked about the Town’s statement on Page 32, the Town will collect the former
MUD 2’ debt service obligation through the water and service rates.
Attorney West interpreted that to mean whatever the amount of the debt service will need to
paid, the Town will be obligated to make those payments, and instead of using taxes, Town is
suggesting the use of funds from water and sewer rates.
TCMUD 1 Page 131 of 145 Meeting Date: May 12, 2009
Director Hase advised that Bond Counsel Tart advised that the Town would either have to start
the year out with a tax rate sufficient to cover the debt, or if you are going to pay into Interest &
Sinking Fund from Operations & Maintenance Fund, to complete the $700,000 MUD 2 owes.
You either have to the cash on hand on October 1st for the O & M to feed into the I & S or have it
included in the I & S tax rate.
Attorney West clarified that once money is in the I & S fund, it doesn’t come back out except to
make payments on the bond.
Finance Director DuBose agreed with Director Hase’s statement, that the first year’s debt
service would need to be prepaid.
Director Twomey clarified that the Town would have to put the entire $700,000 in the I & S fund
on day one if they don’t set the tax rate.
Director White asked if the Town would have to re-issue the bond.
Finance Director DuBose stated there are several options. DuBose advised she is working with
Dan Almon, who is working on different scenarios.
Director Twomey advised that the Town’s plan for a Fire Protection District has to be voted on.
Denton County Commissioners would have to have a hearing and if approved, Denton County
Commissioners would appoint a Board. Additionally, there is a cap on the taxes, and the cap is
limited to 10 cents, which currently would not cover the whole tax for MUD 2. Currently, the
MUD 2 fire tax is 11.2 cents.
Action: Discussion only; no action.
8. 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.
Director Cantrell stated currently we are looking at a concept of a chart, government structure,
tax rates, mainly an information piece, and to have that go out either in the water bill or in a
mailer.
Attorney West advised the Board cannot advocate for or against a proposition if the publication
is funded by the MUDs.
Director Hase verified that there are sufficient funds to send out additional information to our
residents regarding the election. District Manager Scott confirmed that there was sufficient
funding available.
Action: Discussion only.
9. Discuss and take action to schedule MUD 1 town hall meetings.
Attorney West asked if there is another forum scheduled.
Director Cantrell stated that there is another forum scheduled to address the Town’s charter
amendments.
Action: Discussion only; no action.
TCMUD 1 Page 132 of 145 Meeting Date: May 12, 2009
10. Discuss and take appropriate action regarding possible effects on other contracts if
the Master District is terminated.
Board agreed to discuss this in Closed Session.
Action: None
11. Receive Finance Director's Report
a. Monthly Update
Finance Director DuBose had nothing to report.
12. Receive Town of Trophy Club Update
a. Director White to provide update from attending recent Town Council meetings.
Director White had nothing to report.
13. Receive Town of Westlake Update
a. Director Cantrell to provide Board with an update from meetings held with Town of
Westlake.
Director Cantrell had nothing to report.
14. Review and Approve Minutes
a. March 4, 2009 – Regular Session
Director Henry moved to approve the March 4, 2009 minutes. Director Cantrell seconded the
motion.
Motion carried unanimously.
15. Review and Approve Disbursements & Variance Report
a. February 2009
Director Cantrell moved to approve the February 2009 disbursements and variance report.
Director Twomey seconded the motion.
Motion carried unanimously.
16. Monthly Tax Collection Report
a. February 2009
Board reviewed the February 2009 Collection Report; no action required.
17. Items for Future Agendas
a. Research ramifications should Town take over MUD 2. (12/08)
b. Discuss and take appropriate action regarding 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)
No action.
18. Next Meeting Date
a. Tuesday, May 12, 2009 at 5 p.m.
Board agreed to meet on Tuesday, May 12, 2009 at 5 p.m.
MUNICIPAL UTILITY DISTRICT 1
TO CONVENE INTO CLOSED SESSION
Board convened into Closed Session at 5:50 p.m.
CLOSED SESSION
TCMUD 1 Page 133 of 145 Meeting Date: May 12, 2009
MUD1 President Dean Henry announced that the Board would convene into 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.
C. Agenda Item 4 – Receive legal advice regarding Payment Agreement and related
promissory notes between Trophy Club MUD 1 and Trophy Club MUD 2, addressing
funding for New Fire Station.
D. Agenda Item 10 - Receive legal advice regarding possible effects on other contracts
if the Master District is terminated.
MUNICIPAL UTILITY DISTRICT 1
TO RECONVENE INTO OPEN/REGULAR SESSION
Board reconvened into Open/Regular Session at 6:10 p.m.
19. Discuss and take appropriate action relative to discussions held in Closed Session.
A. Receive legal advice regarding Election and Ballot Issues
No action.
Action: No action taken.
B. Receive legal advice regarding the bond issue.
Discussion held with no action.
Action: No action taken.
C. Agenda Item 4 – Receive legal advice regarding Payment Agreement and related
promissory notes between Trophy Club MUD 1 and Trophy Club MUD 2, addressing funding for
New Fire Station.
Discussion held with no action.
Action: No action taken.
D. Agenda Item 10 - Receive legal advice regarding possible effects on other contracts if the
Master District is terminated.
Discussion held with no action.
Action: No action taken.
Adjourn.
Meeting adjourned at 6:10 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
TCMUD 1 Page 134 of 145 Meeting Date: May 12, 2009
MUD 1 Minutes April 14, 2009 – Regular Session 6
______________________________________
Mary Moore, MUD Secretary
TCMUD 1 Page 135 of 145 Meeting Date: May 12, 2009
MINUTES OF SPECIAL JOINT SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 and
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
April 14, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties and Trophy Club Municipal Utility District No. 2 of Denton County met in Special Joint
Session on Tuesday, April 14, 2009, in the Boardroom of the Administration Building, 100
Municipal Drive, Trophy Club, Texas 76262.
MUD 1 DIRECTORS PRESENT:
Dean Henry President
Gary Cantrell Vice President
Connie White Secretary/Treasurer
Jim Hase Asst. Secretary/Treasurer
Neil Twomey Director
MUD 2 DIRECTORS PRESENT:
Jim Budarf President
Kevin Carr Vice President
Jim Thomas Secretary/Treasurer
Carol Borges Director
Steven Kohs Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
Bob West MUD 1 Attorney
Pam Liston MUD 2 Attorney
Brandon Emmons Town Manager
Peggy Sweeney 51 Meadowbrook Drive
Bill Rose 219 Inverness Drive
Greg Lamont 15 Avalon Drive
SPECIAL JOINT SESSION
A.1 Call to Order and Announce a Quorum.
MUD 1 President Henry announced a quorum and called the meeting to order at 9:17 p.m.
MUD 2 President Budarf announced a quorum and called the meeting to order at 9:17 p.m.
B.1 Discuss and take appropriate action concerning funding for the New Fire Station.
Board requested discussion be held in closed session.
Action: See Agenda Items E.1 and F.1a below.
B.2 Discuss and take appropriate action regarding pending litigation by MUD2 and
MUD1 against Town of Trophy Club.
Board requested discussion be held in closed session.
Action: See Agenda Item E.1 and F.1b below.
TCMUD 1 Page 136 of 145 Meeting Date: May 12, 2009
B.3 Discuss and take appropriate action regarding Order 2009-0414, establishing Mary
Moore as Records Management Officer for the District (MUD 1 and MUD 2).
MUD 2 President Budarf advised that at the April MUD 2 meeting, it was brought to the Board’s
attention that Town Manager Emmons authorized Records Management Officer DePrater to
modify the MUDs’ records retention schedule without prior approval from the MUDs. The MUD
Records Management Order clearly states that any modifications to the Records Retention
schedule shall be brought before the District Manager and the Board prior to any changes. To
resolve this issue and prevent this from happening in the future, Director Budarf made the
following motion.
Director Budarf moved to approve/adopt Order 2009-0414, establishing Mary Moore as Records
Management Officer for the District (MUD 2). Budarf modified his motion by adding: to have
Mary Moore attend Records Management Training. Director Borges seconded the motion.
Floor opened for discussion.
Town Manager Emmons presented his concerns to the Board regarding having two Records
Management Officers.
Director Henry moved to approve/adopt Order 2009-0414, establishing Mary Moore as Records
Management Officer for the District (MUD 1), and to have Mary Moore attend training. Director
White seconded the motion.
Attorney Liston commented that we are not one entity, we are two separate entities, and it
would be appropriate for the MUDs to have their own Records Management Officer. Liston
stated that recently there has been confusion surrounding the issue of contracting with the Town
for the management of personnel and what properly belongs to the MUDs. Liston believes that
is what may have confused Brandon when he made his request. Liston stated that Town
Manager Emmons may be in charge of personnel by contract; however, Town Manager
Emmons is not in charge of the MUD records.
Town Manager Emmons stated that through the contract, it is the Town’s responsibility to
manage all operations as directed by the MUDs.
Director White agreed that the key words are, “as directed by the MUDs.”
After discussion, President Henry suggested tabling this to the May meeting.
Director White stated that the MUDs should have some input on the shared employees
regarding how they perform the work product for the MUDs and for the District, and the work
product for the Town should be under the control of the Town.
All motions were withdrawn with the Board agreeing to table this issue to next month, and to
bring forth a revised Records Retention Schedule and a revised Records Management Plan, as
well as a policy for providing MUD Secretary Moore access to the MUD files.
Action: Board agreed to table this agenda item to May and to have staff bring forth a revised
Records Retention Schedule and a Records Management Plan for the MUDs.
MUNICIPAL UTILITY DISTRICT 1 and
MUNICIPAL UTILITY DISTRICT 2
TO CONVENE INTO CLOSED SESSION
Boards convened into Closed Session at 10:00 p.m.
TCMUD 1 Page 137 of 145 Meeting Date: May 12, 2009
CLOSED SESSION
E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex.
Gov. Code: Adjourn into closed meeting for the Board to conduct a private
consultation with attorneys for MUD1 and MUD2 on the following matters in which
the duty of the attorney to the District under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the Texas
Open Meetings Act:
a. Receive Legal Advice regarding funding of New Fire Station
b. Receive legal advice about pending litigation by MUD2 and MUD1 against Town of
Trophy Club
MUNICIPAL UTILITY DISTRICT 1 and
MUNICIPAL UTILITY DISTRICT 2
TO RECONVENE INTO OPEN/SPECIAL JOINT SESSION
Board reconvened into Open/Special Joint Session at 10:17 p.m.
SPECIAL JOINT SESSION
F.1 Discuss and take appropriate action regarding discussions held in Closed
Session.
a. Funding of New Fire Station
Director Borges moved to amend the terms of the Promissory Notes from MUD2 payable to
MUD1 in the principal amounts of $86,250 and $154,000, be changed from five (5) years to
three (3) years. Director Budarf seconded the motion.
Motion carried unanimously.
Director Twomey moved to amend the terms of the Promissory Notes from MUD2 payable to
MUD1 in the principal amounts of $86,250 and $154,000, be changed from five (5) years to
three (3) years. Director Hase seconded the motion.
Motion carried unanimously.
b. Pending litigation by MUD2 and MUD1 against Town of Trophy Club
Action: No action.
F.2 Adjourn.
Meeting adjourned at 10:20 p.m.
_________________________________
Dean Henry, President
(SEAL)
____________________________________
Constance S. White, Secretary/Treasurer
______________________________________
TCMUD 1 Page 138 of 145 Meeting Date: May 12, 2009
April 14, 2009 MUD 1 – MUD 2 Special Joint Session Minutes 4
Mary Moore, MUD Secretary
TCMUD 1 Page 139 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-69-M1
File ID: Type: Status: 09-69-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/29/2009File Created:
Final Action: *File Name:
Title: Review Monthly Tax Collection Report
a. March 2009
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
M1 Tax Report March 09.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-69-M1
Review Monthly Tax Collection Report
a. March 2009
[Enter body here.]
TCMUD 1 Page 140 of 145 Meeting Date: May 12, 2009
TCMUD 1 Page 141 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-70-M1
File ID: Type: Status: 09-70-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/29/2009File Created:
Final Action: *File Name:
Title: Next Meeting Date
a. Tuesday, June 9, 2009 at 6:00 p.m.
b. Possible special meeting before end of May
Notes:
Agenda Date: 05/12/2009
Sponsors: Enactment Date:
JuneCalendar.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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-70-M1
Next Meeting Date
a. Tuesday, June 9, 2009 at 6:00 p.m.
b. Possible special meeting before end of May
[Enter body here.]
TCMUD 1 Page 142 of 145 Meeting Date: May 12, 2009
TCMUD 1 Page 143 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-71-M1
File ID: Type: Status: 09-71-M1 M1 Agenda Item Regular Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
04/29/2009File Created:
Final Action: *File Name:
Title: Items for Future Agendas
Notes:
Agenda Date: 05/12/2009
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 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-71-M1
Items for Future Agendas
a. Research ramifications should Town take over MUD 2. (12/08)
b. Discuss and take appropriate action regarding 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 144 of 145 Meeting Date: May 12, 2009
Trophy Club Entities 100 Municipal Drive
Trophy Club, TX 76262
File Number: 09-43-M1
File ID: Type: Status: 09-43-M1 M1 Agenda Item Executive Session
1Version: Reference: In Control: Trophy Club
Municipal Utility
District No. 1
02/23/2009File Created:
Final Action: *File Name:
Title: Discuss and take appropriate action relative to discussions held in Closed Session.
Notes:
Agenda Date: 03/04/2009
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
This matter was Discussion only - No action taken Action Text:
1 05/12/2009Trophy Club Municipal
Utility District No. 1
Text of Legislative File 09-43-M1
Discuss and take appropriate action relative to discussions held in Closed Session.
TCMUD 1 Page 145 of 145 Meeting Date: May 12, 2009