HomeMy WebLinkAboutSeptember 15,2009 Regular Session Agenda 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, September 15, 2009
REGULAR MEETING
Call to order and announce a quorum.
1.09-128-M1 Discuss and take appropriate action to accept Director Borges' resignation.
BorgesResignationLetter.pdfAttachments:
Presentation to Outgoing MUD Director Borges and former MUD Director White.
PUBLIC HEARING
Trophy Club Municipal Utility District No. 1 to conduct a Public Hearing regarding:
A.Proposed tax rate to increase, decrease, or make no change for the fiscal year
beginning October 1, 2009 and ending September 30, 2010.
B.TCMUD No. 1 Budget for fiscal year beginning October 1, 2009, and ending
September 30, 2010.
REGULAR SESSION
2.09-121-M1 Discuss and take appropriate action regarding Resolution 2009-0915, adopting
and approving the Budget for Trophy Club Municipal Utility District No. 1 for
fiscal year beginning October 1, 2009, and ending September 30, 2010.
TCMUD1-R-2009-0915-Aprv Budget.pdfAttachments:
3.09-122-M1 Discuss and take appropriate action regarding Resolution 2009-0915-B, fixing
and levying the Trophy Club Municipal Utility District No. 1 tax rate for debt
service for the fiscal year beginning October 1, 2009, and ending September
30, 2010.
TCMUD1-R-2009-0915-B-DebtSvc.pdfAttachments:
TCMUD No. 1 1 of 172 15 September 2009
September 15, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
4.09-123-M1 Discuss and take appropriate action regarding Resolution 2009-0915-C, fixing
and levying the Trophy Club Municipal Utility District No. 1 tax rate for
maintenance and operations, including the portion of such tax rate to support
the Fire Department, for the fiscal year beginning October 1, 2009, and ending
September 30, 2010.
TCMUD1-R-2009-0915-C-OnM.pdfAttachments:
5.09-125-M1 Discuss and take appropriate action regarding Resolution 2009-0915-A,
approving the Trophy Club Municipal Utility District No. 1 tax roll of the Denton
Central Appraisal District and Tarrant Appraisal District for 2009.
Resolution-2009-0915-A-Aprv Tax Roll.pdfAttachments:
6.09-78-M1 Receive Finance Director's Update
a. Monthly Update
b. Consolidation of MUD Financial Accounts
7.09-46-MD Receive Update from Fire Chief Thomas
a. To provide Board with a monthly update and address the Board's questions.
b. To provide update regarding the New Fire Station.
August 09 Fire Report.pdfAttachments:
8.09-53-MD Receive District Manager's Report
a. Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Update on Membrane Filters at WWTP
d. Update on Water Plant Booster Pump (formerly VFD)
e. Update on Fort Worth Meter Vault
f. Report on costs for Open Records Requests
g. Update on Well Reports from Talem Laboratories
BilledVsPumped-August 2009.pdf
Well Analyses.pdf
Attachments:
9.09-132-M1 Discuss and take appropriate action regarding Consolidation of TCMUD No. 1
and TCMUD No. 2.
a. Order 2009-0915-A, terminating agreement concerning disbursement of
Centurion American Funds.
b. Order 2009-0915-B, terminating agreement concerning Funding Instruments
for New Fire Station.
Order-Terminate CA Agrmnt.pdf
Order-Terminate Agrmnt Fund Instruments.pdf
Attachments:
TCMUD No. 1 2 of 172 15 September 2009
September 15, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
10.09-130-M1 Discuss and take appropriate action regarding Order 2009-0915-C, the
2009-2010 Rate Order.
TCMUD1-O-2009-0915-C-RateOrder-draft.pdf
TCMUD1 Rate Order 2009-0915-C-final.pdf
Attachments:
11.09-81-M1 Discuss and take appropriate action regarding Order 2009-0915, repealing the
Ethics Policy and adopting an amended Ethics Policy, a Code of Conduct and
a Rules of Procedure for the Board of Directors of TCMUD No. 1. (Budarf)
12.09-127-M1 Discuss and take appropriate action to approve the Public Official Bonds for
TCMUD 1 Board of Directors, as required by Texas Water Code Section
49.055(c). (West)
Director Bonds.pdfAttachments:
13.09-99-M1 Discuss and take appropriate action regarding agreement between TCMUD
No. 1 and the Trophy Club Country Club (TCCC) for the use of a part of
TCCC's parking lot for housing of the temporary fire department facilities
during construction on the new fire station. (West)
TCCC License Agreement-Temporary Fire Station.pdfAttachments:
14.09-105-M1 Discuss and take appropriate action concerning the Public Information Act as it
relates to Open Records Requests and establishing policy for the charging of
fees for same. (Carr)
2008 Public Information Handbook.pdfAttachments:
15.09-129-M1 Discuss and take appropriate action to nominate and appoint a TCMUD 1
Director to fill the vacancy created by the resignation of Director Borges.
16.09-134-M1 Discuss and take appropriate action regarding nomination(s) for the Denton
Central Appraisal District (DCAD) Review Board.
DCAD Nomination.pdfAttachments:
17.09-126-M1 Review and Approve Minutes
a. February 20, 2009 - MUD 1 & MUD 2 Joint Session Minutes
b. August 4, 2009 - Budget Workshop Minutes
c. August 5, 2009 - Regular Session Minutes
d. August 20, 2009 - Special Session Minutes
M1-M2 Special Joint Session Minutes 02-20-09.pdf
Minutes-8-4-9-BudgetWorkshop.pdf
Minutes-080509-Reg Sess.pdf
Minutes 082009-Special.pdf
Attachments:
TCMUD No. 1 3 of 172 15 September 2009
September 15, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
18.09-69-M1 Review Monthly Tax Collection Report
a. August 2009 - MUD 1 and MUD 2
August Tax Collection Report.pdfAttachments:
19.09-103-M1 Items for Future Agendas
a. Update on MUD 1's water contract with Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Rate Order modification and possible Water Study (Twomey)
d. Disaster Planning
e. Review of MUD's Debt versus Expenses
f. Transfer of EMS to the MUDs (November/December 2009)
g. Have TNP update Legal Description (09-131-M1) (October 2009)
h. Place Numbers for Directors at May 2010 election (09-100-M1)
i. Creation of TCMUD1 webstie (09-115-M1)
j. Drill for a new Trinity Well (09-124-M1)
Citizen Presentation(s)
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.
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 No. 1 4 of 172 15 September 2009
September 15, 2009Trophy Club Municipal Utility
District No. 1
Meeting Agenda
CERTIFICATION)
THE STATE OF TEXAS)
COUNTY OF DENTON)
COUNTY OF TARRANT)
THIS CERTIFIES THAT ON SEPTEMBER 11TH, 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 SEPTEMBER 15, 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 No. 1 5 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-128-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/25/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action to accept Director Borges' resignation.
Attachments:BorgesResignationLetter.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 6 of 172 15 September 2009
109-128-M1 Version:File #:
Title
Discuss and take appropriate action to accept Director Borges' resignation.
Body
Director Borges has submitted her letter of resignation letter, see attachment.
TCMUD No. 1 7 of 172 15 September 2009
TCMUD No. 1 8 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-121-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/20/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Resolution 2009-0915, adopting and approving the
Budget for Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2009, and
ending September 30, 2010.
Attachments:TCMUD1-R-2009-0915-Aprv Budget.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 9 of 172 15 September 2009
109-121-M1 Version:File #:
Title
Discuss and take appropriate action regarding Resolution 2009-0915, adopting and approving the Budget for
Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2009, and ending September
30, 2010.
Body
Resolution is attached.
TCMUD No. 1 10 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2009-0915
A RESOLUTION TO APPROVE THE FY 2009-2010
BUDGET FOR TROPHY CLUB MUD NO. 1
A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1, OF DENTON AND TARRANT COUNTIES,
TEXAS; APPROVING AND ADOPTING A BUDGET FOR THE
FISCAL YEAR OCTOBER 1, 2009 THROUGH SEPTEMBER 30,
2010, PROVIDING THAT EXPENDITURES FOR SAID FISCAL
YEAR BE MADE IN ACCORDANCE WITH SAID BUDGET,
PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, an annual budget for the fiscal year beginning October 1, 2009 and
ending September 30, 2010, has been duly created by the Finance Department of the
Trophy Club Municipal Utility District No. 1 (the “District”) in accordance with Section
49.057(b) of the Texas Water Code; and
WHEREAS, a public hearing was held on September 15, 2009, in accordance
with Section 49.057(b) of the Texas Water Code, following due publication of notice
thereof at which time all citizens and parties of interest were given the opportunity to be
heard regarding the proposed 2009-2010 fiscal year budget; and
WHEREAS, after full and final consideration it is the opinion of the Board
Directors of the District No. 1, that the 2009-2010 fiscal year budget of revenues and
expenditures, as hereinafter set forth, should be adopted and approved.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF
DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1:
Section 1. That the annual budget of revenues and expenditures necessary for
conducting affairs of the District for the fiscal year 2009-2010, attached hereto
and incorporated herein as Exhibit A, providing for a financial plan for the
ensuing fiscal year is hereby approved and adopted.
Section 2. That the expenditures during the fiscal year shall be made in
accordance with this budget unless otherwise authorized by proper amendment.
Said budget document shall be on file for public inspection in the office of the
District.
TCMUD No. 1 11 of 172 15 September 2009
Section 3. That unless otherwise modified by the Board of the District, the
remaining budget for all capital improvements from fiscal year 2008-2009,
attached hereto and incorporated herein as Exhibit B, not completed or started as
of September 30, 2009, will be automatically carried over into fiscal year 2009-
2010.
Section 4. 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 5. 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 MUD 1
Board not in conflict with the provisions of this resolution shall remain in full
force and effect.
Section 6. 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 15th day of September, 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE, MUD Secretary (Seal)
TCMUD No. 1
TCMUD No. 1 12 of 172 15 September 2009
EXHIBIT “A”
(Budget – pending Board’s approval)
TCMUD No. 1 13 of 172 15 September 2009
EXHIBIT “B”
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2009-0915
A RESOLUTION TO APPROVE THE FY 2009-2010
BUDGET FOR TROPHY CLUB MUD NO. 1
There are no capital improvements from fiscal year 2008-2009 to be carried over
into fiscal year 2009-2010.
TCMUD No. 1 14 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-122-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/20/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Resolution 2009-0915-B, fixing and levying the Trophy
Club Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1,
2009, and ending September 30, 2010.
Attachments:TCMUD1-R-2009-0915-B-DebtSvc.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 15 of 172 15 September 2009
109-122-M1 Version:File #:
Title
Discuss and take appropriate action regarding Resolution 2009-0915-B, fixing and levying the Trophy Club
Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1, 2009, and
ending September 30, 2010.
Body
Draft of resolution is attached.
TCMUD No. 1 16 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
RESOLUTION NO. 2009-0915-B
A RESOLUTION TO SET THE COMPONENT OF
THE MUD 1 TAX RATE FOR DEBT SERVICE FOR 2009
RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code, and Sections 49.211(a),
49.212(a), 54.601 and 54.602 of the Texas Water Code, the Board of Directors of Trophy Club
Municipal Utility District No. 1 hereby finds that a tax rate of $.______ per $100 of taxable
value, if applied to the total taxable value of property on the District's appraisal roll for the 2009
tax year, will impose the total amount of taxes needed to pay the District’s debt obligations
during the next year, and that such tax rate is reasonable and necessary to service the District's
debt obligations during the next year, including payments of lawfully incurred contractual
obligations providing security for the payment of the principal of and interest on bonds and other
evidences of indebtedness issued on behalf of the District.
It is therefore ordered by the Board of Directors of the District that the component of the
2009 tax rate for debt service is hereby set at$.______ per $100 of taxable value of each property
included on the appraisal roll for the District for the 2009 tax year.
PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal
Utility District No. 1, Trophy Club, Texas this 15th day of September, 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE, MUD Secretary (Seal)
TCMUD No. 1
TCMUD No. 1 17 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-123-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/20/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Resolution 2009-0915-C, fixing and levying the Trophy
Club Municipal Utility District No. 1 tax rate for maintenance and operations, including the portion of
such tax rate to support the Fire Department, for the fiscal year beginning October 1, 2009, and
ending September 30, 2010.
Attachments:TCMUD1-R-2009-0915-C-OnM.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 18 of 172 15 September 2009
109-123-M1 Version:File #:
Title
Discuss and take appropriate action regarding Resolution 2009-0915-C, fixing and levying the Trophy Club
Municipal Utility District No. 1 tax rate for maintenance and operations, including the portion of such tax rate to
support the Fire Department, for the fiscal year beginning October 1, 2009, and ending September 30, 2010.
Body
Draft resolution is attached.
TCMUD No. 1 19 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2009-0915-C
A RESOLUTION TO SET THE COMPONENT OF THE MUD 1
TAX RATE FOR MAINTENANCE AND OPERATION
EXPENDITURES FOR 2008, INCLUDING THE PORTION OF
SUCH TAX RATE TO SUPPORT THE FIRE DEPARTMENT
RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code and Sections
49.107 and 49.351 of the Texas Water Code, the Board of Directors of Trophy Club Municipal
Utility District No. 1 hereby finds that a tax rate of $.______ per $100 of taxable value, if
applied to the total taxable value of property on the District's appraisal roll for the 2009 tax year,
will impose the amount of taxes needed to fund maintenance and operation expenditures of the
District for the next year, including the fire department operations. The Board further finds that
of this tax rate for maintenance and operation expenditures, $.______ per $100 of taxable value
is reasonable and necessary to support the Fire Department under the plan previously approved
by the District's electors, and that the remainder of $.______ per $100 taxable value is reasonable
and necessary to fund other maintenance and operation expenditures of the District.
It is therefore ordered by the Board of Directors of the District that the component
of the 2009 tax rate for Maintenance and Operation expenditures is hereby set at $.______ per
$100 of taxable value of each property included on the appraisal roll for the District for the 2009
tax year, of which $.______ per $100 of taxable value shall be used to support the Fire
Department and the remaining $.______ per $100 of taxable value shall be used to fund other
maintenance and operation expenditures of the District.
PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal
Utility District No. 1, Trophy Club, Texas, this 15th day of September 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE,
MUD Secretary
(Seal)
TCMUD No. 1 20 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-125-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/20/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Resolution 2009-0915-A, approving the Trophy Club
Municipal Utility District No. 1 tax roll of the Denton Central Appraisal District and Tarrant Appraisal
District for 2009.
Attachments:Resolution-2009-0915-A-Aprv Tax Roll.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 21 of 172 15 September 2009
109-125-M1 Version:File #:
Title
Discuss and take appropriate action regarding Resolution 2009-0915-A, approving the Trophy Club Municipal
Utility District No. 1 tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for 2009.
Body
Draft resolution attached.
TCMUD No. 1 22 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
RESOLUTION NO. 2009-0915-A
A RESOLUTION TO APPROVE THE 2009 MUD 1 TAX ROLL
RESOLVED: Pursuant to Section 26.09 (e) of the Texas Tax
Code, the Board of Directors of Trophy Club Municipal Utility District No. 1
hereby approves the 2009 certified appraisal roll dated July 18, 2009 from
Denton County Central Appraisal District and July 25, 2009 from Tarrant
Appraisal District, in which the net taxable appraised value was listed as
$717,424,660 (original certified value of $726,965,640 was reduced by an
overstatement error of $9,540,980 as indicated by the Denton Central Appraisal
District on July 24, 2009) and $305,055,500, respectively for a total of
$1,022,480,160. The current 2009 tax rate (A total of $.______/$100 assessed
value) approved by the Board of Directors of Trophy Club Municipal Utility
District No. 1, which has been imposed on each property included on the certified
appraisal roll for the District for 2009, totals $___________ actual levy. The
Board hereby declares that such appraisal roll with amounts of tax entered shall
constitute the District's tax roll for the 2009 tax year.
PASSED AND APPROVED by the Board of Directors of the Trophy
Club Municipal Utility District No. 1, Trophy Club, Texas, this the 15th day of
September, 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE, MUD Secretary (Seal)
TCMUD No. 1
TCMUD No. 1 23 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-78-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:5/8/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:8/5/2009
Title:Receive Finance Director's Update
a. Monthly Update
b. Consolidation of MUD Financial Accounts
Attachments:
Action ByDate Action ResultVer.
TCMUD No. 1 24 of 172 15 September 2009
109-78-M1 Version:File #:
Title
Receive Finance Director's Update
a. Monthly Update
b. Consolidation of MUD Financial Accounts
Body
[Enter body here.]
TCMUD No. 1 25 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-46-MD Name:
Status:Type:MD Agenda Item Regular Session
File created:In control:4/29/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:8/5/2009
Title:Receive Update from Fire Chief Thomas
a. To provide Board with a monthly update and address the Board's questions.
b. To provide update regarding the New Fire Station.
Attachments:August 09 Fire Report.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 26 of 172 15 September 2009
109-46-MD Version:File #:
Title
Receive Update from Fire Chief Thomas
a. To provide Board with a monthly update and address the Board's questions.
b. To provide update regarding the New Fire Station.
Body
[Enter body here.]
TCMUD No. 1 27 of 172 15 September 2009
TCMUD No. 1 28 of 172 15 September 2009
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TCMUD No. 1 30 of 172 15 September 2009
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TCMUD No. 1 36 of 172 15 September 2009
TCMUD No. 1 37 of 172 15 September 2009
TCMUD No. 1 38 of 172 15 September 2009
TCMUD No. 1 39 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-53-MD Name:
Status:Type:MD Agenda Item Regular Session
File created:In control:4/29/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:8/5/2009
Title:Receive District Manager's Report
a. Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Update on Membrane Filters at WWTP
d. Update on Water Plant Booster Pump (formerly VFD)
e. Update on Fort Worth Meter Vault
f. Report on costs for Open Records Requests
g. Update on Well Reports from Talem Laboratories
Attachments:BilledVsPumped-August 2009.pdf
Well Analyses.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 40 of 172 15 September 2009
109-53-MD Version:File #:
Title
Receive District Manager's Report
a. Water pumped vs. billed
b. Monthly Revenue for Wastewater Treatment Plant
c. Update on Membrane Filters at WWTP
d. Update on Water Plant Booster Pump (formerly VFD)
e. Update on Fort Worth Meter Vault
f. Report on costs for Open Records Requests
g. Update on Well Reports from Talem Laboratories
TCMUD No. 1 41 of 172 15 September 2009
October November December January February March April May June July August September Total for year
2005 59,999 34,380 24,293 27,140 24,052 25,169 47,252 59,373 69,095 118,023 90,661 85,679 665,116
2006 74,441 56,296 41,272 54,171 37,626 35,714 55,429 60,800 88,899 113,904 122,820 81,806 823,178
2007 73,757 44,297 35,905 31,695 25,671 40,516 43,121 31,204 42,191 43,717 72,462 76,138 560,674
2008 63,250 47,082 33,371 37,194 31,472 30,766 40,313 48,829 78,091 91,664 115,042 75,494 692,568
2009 63,730 48,170 35,215 35,759 32,240 39,331 46,151 37,382 56,370 125,089 91,724
Totals 335,177 230,225 170,056 185,959 151,061 171,496 232,266 237,588 334,646 492,397 492,709 319,117 3,352,697
October November December January February March April May June July August
79,297 48,609 36,966 32,915 26,974 25,771 31,755 46,747 70,315 69,134 92,539
84,849 51,836 38,869 32,850 24,742 25,111 32,240 47,364 75,755 68,715 82,007
90,400 55,063 40,772 32,785 22,510 24,451 32,726 47,980 81,195 68,296 71,476
95,952 58,290 42,675 32,721 20,278 23,791 33,211 48,597 86,636 67,878
350,497 213,799 159,281 131,271 94,504 99,122 129,932 190,688 313,900 274,022 246,022
Oct.Nov.Dec.Jan Feb.March April May June July August Sept.Total for year
2005 49,100 30,004 28,090 28,164 23,810 34,250 52,902 64,760 71,776 115,450 92,540 91,800 682,646
2006 74,585 55,405 42,852 52,100 33,247 39,250 64,455 73,048 93,187 118,353 127,450 76,301 850,233
2007 72,460 49,249 34,203 28,257 31,492 43,900 41,770 37,340 41,215 43,136 75,480 72,087 570,589
2008 64,370 50,090 35,320 36,610 34,630 34,750 42,900 63,116 78,399 114,256 98,670 72,551 725,662
2009 65,110 48,570 36,411 36,587 36,385 44,120 48,881 38,250 66,450 116,823 94,525
Totals 325,625 233,318 176,876 181,718 159,564 196,270 250,908 276,514 351,027 508,018 488,665 312,739 3,461,242
Water Billed
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune July AugustSeptemberMonthsGallons 2005
2006
2007
2008
2009
Water Pumped
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
123456789101112
MonthsGallons 2005
2006
2007
2008
2009
TCMUD No. 1 42 of 172 15 September 2009
TCMUD No. 1 43 of 172 15 September 2009
TCMUD No. 1 44 of 172 15 September 2009
TCMUD No. 1 45 of 172 15 September 2009
TCMUD No. 1 46 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-132-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:9/4/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Consolidation of TCMUD No. 1 and TCMUD No. 2.
a. Order 2009-0915-A, terminating agreement concerning disbursement of Centurion American
Funds.
b. Order 2009-0915-B, terminating agreement concerning Funding Instruments for New Fire Station.
Attachments:Order-Terminate CA Agrmnt.pdf
Order-Terminate Agrmnt Fund Instruments.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 47 of 172 15 September 2009
109-132-M1 Version:File #:
Title
Discuss and take appropriate action regarding Consolidation of TCMUD No. 1 and TCMUD No. 2.
a. Order 2009-0915-A, terminating agreement concerning disbursement of Centurion American Funds.
b. Order 2009-0915-B, terminating agreement concerning Funding Instruments for New Fire Station.
Body
Agreements needing to be finalized as a result of the consolidation.
TCMUD No. 1 48 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
ORDER NO. 2009-0915-A
ORDER CONFIRMING TERMINATION OF
SETTLEMENT AGREEMENT REGARDING
CENTURION AMERICAN FUNDS
WHEREAS, Trophy Club Municipal Utility District No. 1 (“MUD1”) and
Trophy Club Municipal Utility District No. 2 (“MUD2”) have been parties to the
SETTLEMENT AGREEMENT BETWEEN TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1 AND TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
REGARDING CENTURION AMERICAN FUNDS (the “Settlement Agreement
Regarding Centurion American Funds”), dated and effective as of September 7, 2007;
WHEREAS, MUD1 and MUD2 (jointly referred to as the “MUDs”) have
consolidated into one district under the name of “Trophy Club Municipal Utility District
No. 1” pursuant to the terms of a Consolidation Agreement approved by the separate
board of directors of each of MUD1 and MUD2 on January 26, 2009, and pursuant to the
provisions of Sections 54.729 through 54.733 of the Texas Water Code, and as a result of
the vote of the electors in each district in favor of consolidation on May 9, 2009; and
WHEREAS, the Board of Directors of Trophy Club Municipal Utility District
No. 1 as consolidated desires to confirm that the consolidation of MUD1 and MUD2 has
resulted in the termination of the Settlement Agreement Regarding Centurion American
Funds, and to clarify that all funds to be received from the Town of Trophy Club payable
to the MUDs for the right to access the MUDs’ water supply and wastewater treatment
services and system, shall be paid to Trophy Club Municipal Utility District No. 1 as
consolidated;
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (AS
CONSOLIDATED):
1. The Settlement Agreement Regarding Centurion American Funds is
terminated effective as of May 9, 2009 (the date of the consolidation election).
2. All funds to be received from the Town of Trophy Club payable to the
MUDs for the right to access the MUDs’ water supply and wastewater treatment services
and system shall be paid to Trophy Club Municipal Utility District No. 1 as consolidated.
1
TCMUD No. 1 49 of 172 15 September 2009
2
PASSED AND APPROVED by the Board of Directors of Trophy Club
Municipal Utility District No. 1 (consolidated), this 15th day of September, 2009.
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (consolidated)
By: _____________________________ By: ______________________________
Dean Henry Jim Budarf
Joint President, Board of Directors Joint President, Board of Directors
Attest: Attest:
By: ______________________________ By: ______________________________
Jim Hase James C. Thomas
Joint Secretary, Board of Directors Joint Secretary, Board of Directors
Approved as to form:
__________________________________
Attorney, Trophy Club MUD No. 1
R:\stor\rgw\MUD\Consolidation\Termination of Settlement Agreement Regarding Centurian American Funds.doc
Draft 8/7/09 RGW
TCMUD No. 1 50 of 172 15 September 2009
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
ORDER NO. 2009-0915-B
ORDER CONFIRMING TERMINATION OF
NEW FIRE STATION FUNDING INSTRUMENTS
WHEREAS, Trophy Club Municipal Utility District No. 1 (“MUD1”) and
Trophy Club Municipal Utility District No. 2 (“MUD2”, which is the result of a
consolidation in 1990 of the two districts originally known as Denton County Municipal
Utility District No. 2 and Denton County Municipal Utility District No. 3) have been
parties to the TROPHY CLUB FIRE DEPARTMENT CONTRACT (the “Original Fire
Department Contract”), dated and effective as of April 6, 1986, as amended by the FIRST
AMENDMENT TO TROPHY CLUB FIRE DEPARTMENT CONTRACT (the “First
Amendment”), dated and effective as of September 3, 2003, and as further amended by
the SECOND AMENDMENT TO TROPHY CLUB FIRE DEPARTMENT
CONTRACT (the “Second Amendment”), dated and effective as of February 20, 2009;
WHEREAS, Paragraph 8 of the Original Fire Department Contract, as modified
by the First Amendment and the Second Amendment, provides: “This Contract shall
remain in effect until the termination date of the 2008 Master District Contract, as
amended, unless this Contract is terminated earlier by mutual agreement of the parties. If
MUD1 and MUD2 consolidate pursuant to the provisions of Sections 54.729 through
54.733 of the Texas Water Code, then this Contract shall terminate as of the effective
date of the consolidation”;
WHEREAS, MUD1 and MUD2 have consolidated into one district under the
name of “Trophy Club Municipal Utility District No. 1” pursuant to the terms of a
Consolidation Agreement approved by the separate board of directors of each of MUD1
and MUD2 on January 26, 2009, and pursuant to the provisions of Sections 54.729
through 54.733 of the Texas Water Code, and as a result of the vote of the electors in
each district in favor of consolidation on May 9, 2009;
WHEREAS, the Second Amendment added a new Paragraph 5.1 to the Original
Fire Department Contract, as previously amended, to reflect the agreements between
MUD1 and MUD2 regarding the funding for a new fire station, and several Unsecured
Notes (the “New Fire Station Funding Instruments,” as more particularly listed below in
Paragraph 1 of this Order) were thereafter executed pursuant to such Paragraph 5.1;
WHEREAS, by Order No. 2009-0805-A approved and signed on August 5, 2009,
by the Board of Directors of Trophy Club Municipal Utility District No. 1 as
consolidated, the Original Fire Department Contract as amended was terminated, but no
specific action was taken regarding the status or disposition of the New Fire Station
Funding Instruments; and
1
TCMUD No. 1 51 of 172 15 September 2009
TCMUD No.1 ORDER 2009-0915-B 2
WHEREAS, the Board of Directors of Trophy Club Municipal Utility District
No. 1 as consolidated desires to confirm that the consolidation of MUD1 and MUD2 and
the termination of the Original Fire Department Contract as amended has resulted in the
termination of the New Fire Station Funding Instruments, and to clarify that all funds
previously designated by MUD1, MUD2, or Trophy Club Master District for use in
constructing the new fire station have become and are assets of Trophy Club Municipal
Utility District No. 1 as consolidated;
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (AS
CONSOLIDATED):
1. The following financing instruments (the “New Fire Station Funding
Instruments”) have been terminated, effective as of May 9, 2009 (the date of the
consolidation election):
a. UNSECURED NOTE, dated April 15, 2009, executed by Trophy
Club Municipal Utility District No. 2, payable to the order of Trophy Club Municipal
Utility District No. 1, in the original principal amount of $154,000;
b. UNSECURED NOTE, dated April 15, 2009, executed by Trophy
Club Municipal Utility District No. 2, payable to the order of Trophy Club Municipal
Utility District No. 1, in the original principal amount of $86,250.00;
c. UNSECURED NOTE, dated March 4, 2009, executed by Trophy
Club Municipal Utility District No. 2, payable to the order of Trophy Club Municipal
Utility District No. 1, in the original principal amount of $200,000;
d. UNSECURED NOTE, dated March 4, 2009, executed by Trophy
Club Municipal Utility District No. 2, payable to the order of Trophy Club Municipal
Master District Operating Account, in the original principal amount of $500,000; and
e. UNSECURED NOTE, dated March 4, 2009, executed by Trophy
Club Municipal Utility District No. 2, payable to the order of Trophy Club Municipal
Utility District No. 1, in the original principal amount of $42,500.
2. All funds previously designated by MUD1, MUD2, or Trophy Club
Master District for use in constructing the new fire station are confirmed to have become
and are assets of Trophy Club Municipal Utility District No. 1 as consolidated.
2
TCMUD No. 1 52 of 172 15 September 2009
TCMUD No.1 ORDER 2009-0915-B 3
3
PASSED AND APPROVED by the Board of Directors of Trophy Club
Municipal Utility District No. 1 (consolidated), this 15th day of September, 2009.
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 (consolidated)
By: _____________________________ By: ______________________________
Dean Henry Jim Budarf
Joint President, Board of Directors Joint President, Board of Directors
Attest: Attest:
By: ______________________________ By: ______________________________
Jim Hase James C. Thomas
Joint Secretary, Board of Directors Joint Secretary, Board of Directors
Approved as to form:
__________________________________
Attorney, Trophy Club MUD No. 1
R:\stor\rgw\MUD\Consolidation\Termination of New Fire Station Funding Instruments.doc
Draft 8/7/09 RGW
TCMUD No. 1 53 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-130-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/25/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Order 2009-0915-C, the 2009-2010 Rate Order.
Attachments:TCMUD1-O-2009-0915-C-RateOrder-draft.pdf
TCMUD1 Rate Order 2009-0915-C-final.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 54 of 172 15 September 2009
109-130-M1 Version:File #:
Title
Discuss and take appropriate action regarding Order 2009-0915-C, the 2009-2010 Rate Order.
Body
Due to the increase in charges for water fees from the City of Fort Worth, the MUDs will pass-through those
increases which are reflected in this 2009-2010 Rate Order. The changes to the Rate Order are as follows:
Section 1.05 deleted as it was no longer applicable.
Article 2 - Service Rates - Fees increased 3% across the board (Water, Sewer and Basic Charge Fee).
Subparagraph B - moved to Section 2.03.
Article 3 - Section 3.01 - Following verbiage added to end of Paragraph A: The District shall deduct from the
deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s
employees, contractors, subcontractors or agents and shall deduct any delinquent water and sewer service
bills of the builder. In the event any amounts are so deducted from the builder’s deposit, it will be incumbent
on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension
of any additional water taps for the builder.
Section 3.02 - Paragraph B - The existing paragraph was deleted, renamed, and now reads as follows:
B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be
sent a notice that service will be discontinued on or after the fifteenth (15 th) day after the date of such notice
unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first
class United States mail and shall inform the customer of the amount of the delinquent bill, the date service
will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the
charges, services, or disconnection. Service shall not be disconnected where a customer has informed the
District of his or her desire to contest or explain his bill. If the customer appears before the Board, in person or
by written correspondence, the Board shall hear and consider the matter and inform the customer of the
Board’s determination by sending written notice to the customer by first class United States mail stating
whether or not service will be disconnected. If service is disconnected, it shall be reconnected only upon
payment in full of all amounts due, including any late charges, penalties, and the security deposit set out in
Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service
charge of $25.00 will be added to the account. Reconnections made outside of the District’s normal business
hours at the customer’s request will be charged at an additional after hours fee of $100.00.
TCMUD No. 1 55 of 172 15 September 2009
2
2009-10 RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER No. 2009-02040915-C
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND
RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES
FOR CONNECTION, RECONNECTION, INSPECTION,
ACCURACY READINGS, AND RETURNED CHECKS;
REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY
FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is
the owner and/or operator of a water and sewer system designed to serve
present and future inhabitants within the District and the Trophy Club
development; and
WHEREAS, the District’s most recent Rate Order was adopted on
December 9, 2008February 4, 2009 (the “2009-1 Rate Order”), several additional
modifications are needed at this time, and the District desires to establish all of
its rate policies in a single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered
the terms of this 2009-10 Rate Order and is of the opinion that the following
conditions and provisions should be established as the policies, procedures, and
rates for obtaining service from the District’s water and sewer system;
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections.
Each person desiring a water and sanitary sewer service connection to the
District’s System shall be required to pay such fees as set forth in this Order. No
service shall be established or re-established until such fees are paid. All service
connections are subject to all other rules, regulations, and policies of the District.
TCMUD No. 1 56 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
2
A. Certification of System. Connections shall not be made to
the District’s System or portions of the System until the District’s engineer
or Water/Wastewater Superintendent has certified that the System or
applicable portion thereof is operable.
B. Backflow Prevention. No water connections from any public
drinking water supply system shall be allowed to any commercial
establishment where an actual or potential contamination hazard exists
unless the public water facilities are protected from contamination.
At any commercial establishment where an actual or potential
contamination hazard exists, protection shall be required at the meter in
the form of a backflow prevention assembly. The type of assembly
required shall be the one known as “Reduced Pressure Zone” (RPZ)
unless otherwise specified by the District through its Superintendent.
The existence of potential contamination hazards without installation
having been made of the means of control and prevention as set out in the
preceding paragraph; or, the same having been installed, there is a failure
to properly maintain the same, shall be considered sufficient grounds for
immediate termination of water service. Service can be restored only
when the health hazard no longer exists, or when the health hazard has
been isolated from the public water system in accordance with the
foregoing requirements.
All backflow prevention assemblies that are required according to this
section shall be tested upon installation by a recognized backflow
prevention assembly tester and certified to be operating within
specifications. Backflow prevention assemblies that are installed to
provide protection against health hazards must also be tested and certified
to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain
any backflow prevention device required by this Rate Order. Copies of all
testing and maintenance records shall be provided to the MUD not later
than a date to be fixed by the MUD.
If the Customer fails to comply with the terms of this Order, the MUD shall,
at its option, either terminate service or properly install, test, and maintain
an appropriate backflow prevention device at the service connection. Any
expenses associated with the enforcement of this agreement shall be
billed to the Customer.
TCMUD No. 1 57 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
3
C. Availability of Access/Obstructions. By application for
connection to the District’s System, the customer shall be deemed to be
granting to the District and its representatives a right of ingress and egress
to and from the meter or point of service for such installation, maintenance
and repair as the District, in its judgment, may deem reasonably
necessary. The customer shall also be deemed to be granting to the
District and its representatives a right of ingress and egress to the
customer’s property, including the exterior of the customer’s premises, for
the purpose of performing the inspections and completing the customer‘s
Service Inspection Certifications required by the District’s rules and
regulations. Taps and connections will not be made when, in the opinion
of the District, building materials or other debris obstructs the work area or
the work area is not completed or finished to grade. When sidewalks,
driveways or other improvements have been constructed prior to
application for service, such application shall be construed and accepted
as the customer’s waiver of a claim for any damages to such
improvements resulting from the reasonable actions of the District in
installation of the connection.
Section 1.02. Residential Fire Lines, Connections, and Fees. A
residence of six-thousand (6,000) square feet and less than eight-thousand
(8,000) square feet shall have installed on its one-inch (1”) water service line, for
fire protection, and as part of said line, a one-inch (1”) U-branch, with a separate
meter and meter-box. The cost of said U-branch, meter, and meter-box shall be
in the amount of five-hundred-twenty-five dollars ($525.00), payable at the time
of permitting.
A residence of more than eight-thousand (8,000) square feet, in addition
to its regular one-inch (1”) water service line, shall have installed a separate one-
and one-half inch (1½”) water service line for fire protection with its own meter
and meter-box. The cost of connection and installation of said separate line,
meter and meter-box shall be either nine-hundred-seventy-five dollars ($975.00)
if the home is on the same side of the street as the waterline; or, if it is on the
opposite side of the street from the waterline, necessitating boring, then the
charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at
the time of permitting.
Section 1.03. Connections by District. All connections to the
District’s sewer system shall be made in accordance with the District’s Plumbing
Code and its rules and regulations. No person except the District Manager or
his/her authorized agent shall be permitted to tap or make any connection to the
mains or distribution piping of the District’s water system, except for emergency
firefighting purposes, or make any repairs or additions to or alterations in any
meter, box, tap, pipe, cock or other fixture connected with the water service or
any manhole, main, trunk or appurtenance of the District’s sanitary sewer
system, unless otherwise specified by the Board of Directors of the District. No
TCMUD No. 1 58 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
4
sewer connection shall be covered in the ground before a representative of the
District has inspected the sewer connection. No house lead shall be covered in
the ground before the water connection has been inspected and approved by a
licensed plumbing inspector with jurisdiction of the site.
Section 1.04. Inspections and Fees. Fees for permits and for
plumbing inspections (other than for sewer and backflow inspections referred to
below in subparagraphs A and B) should be paid to the city or town in which the
property is located or to the District if the property is not located within a city or
town.
A. Sewer Inspection and Fees. Sewer connections and house
service lines shall be inspected by the District. An inspection fee of one-
hundred-fifty dollars ($150.00) shall be paid to the District for each
connection to the District sanitary sewer system. Installations that fail to
conform at any time to the rules and regulations shall be disconnected.
Any customer whose connection is disconnected for such failure shall be
notified as to the basis for such disconnection. After noted deficiencies
have been corrected, a re-inspection shall be made upon payment to the
District of a re-inspection fee of twenty-five dollars ($25.00), plus payment
by the customer of all outstanding charges. If subsequent re-inspections
are required before the sewer connection and service lines are in
compliance with the rules and regulations, a re-inspection fee of twenty-
five dollars ($25.00)$25.00 shall be paid to the District for each
subsequent re-inspection. Re-inspections by the District requested after
regular business hours will be charged at a minimum of one-hundred
dollars ($100.00).
B. Backflow Inspections. For all backflow installations
(residential and commercial) inspected by the personnel of the District, an
inspection fee of fifty dollars ($50.00) shall be paid to the District.
Inspections that fail to conform at any time to the rules and regulations
shall be disconnected. Any customer whose connection is disconnected
for such failure shall be notified as to the basis for such disconnection.
After noted deficiencies have been corrected, a re-inspection shall be
made upon payment to the District of a re-inspection fee of twenty-five
dollars ($25.00)$25.00, plus payment by the customer of all outstanding
charges. If subsequent re-inspections are required, a re-inspection fee of
twenty-five dollars ($25.00)$25.00 shall be paid to the District for each
subsequent re-inspection. Re-inspections by the District requested after
regular business hours will be charged at a minimum of one-hundred
dollars ($100.00)$100.00.
C. Swimming Pool Discharge into Sanitary Sewer System. Any
backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
TCMUD No. 1 59 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
5
an air break, discharging into a tailpiece installed a minimum of 6” (or 152
mm) above adjacent grade. The tailpiece shall be connected to a
minimum three-inch (3” ( or 76 mm) p-trap not less than twelve inches (12”
or (304 mm) below grade which discharges into the yard cleanout riser.
Backwash systems shall not flow onto neighboring properties or into the
storm sewer. The tie-in and inspection fee shall be seventy-five dollars
($75.00) to be paid at the time of issuance of the pool permit.
Section 1.05. Builder’s Deposit.
A. Residence, Commercial Building or Other Structure. Each
builder of a residence, commercial building or other structure shall, at the
time a request for a water tap is made, pay a deposit of $75.00 for the first
lot for which a water tap has been requested, and $75.00 for each
additional lot thereafter. The deposit shall be refunded within ninety (90)
days after the builder certifies the sale of its last residence, commercial
building or other structure within the District, less any amounts forfeited as
provided herein. The District shall deduct from the deposit the cost to
repair any damage caused to the District’s property by the builder or the
builder’s employees, contractors, subcontractors or agents and shall
deduct any delinquent water and sewer service bills of the builder. In the
event any amounts are so deducted from the builder’s deposit, it will be
incumbent on the builder to reinstate the original amount of the deposit,
and failure to do so will result in the suspension of any additional water
taps for the builder.
Section 1.05. Temporary Water Service.
A. Construction Meters. The District shall be authorized to
make a temporary connection to any fire hydrant or flushing valve upon
request for temporary water service. All temporary service shall be
metered and billed to the temporary customer as provided herein. All
unauthorized withdrawal of water from flushing valves, fire hydrants, or
other appurtenances of the District’s System without prior approval of the
District, except for emergency fire-fighting purposes, is prohibited.
B. Application and Deposit. Each temporary customer desiring
temporary water service shall be required to execute an application for
such temporary service and shall provide a minimum security deposit of
one-thousand-seven-hundred-seventy-five dollars ($1,775.00) for a three-
inch (3”) meter and RPZ; six-hundred-fifty dollars ($650.00) for a smaller
meter and smaller RPZ. The deposit shall be made by cashier’s check or
money order payable to the District. The deposit shall be used by the
District to secure the payment for temporary water supplied by the District,
the installation fee, and the cost of repair of any damages caused by the
TCMUD No. 1 60 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
6
temporary customer. The balance of the security deposit, if any, shall be
refunded after disconnection from the District’s System.
C. Fees and Rates. A fee of one-hundred dollars ($100.00) for
costs of installation, plus the cost of the metered water, shall be charged
for temporary water service. The following rate for the sale of water for
each temporary water service connection shall be in effect from the
effective date hereof until such time as the Board amends said rate:
Gallons Used Rate
Any amount $3.02 per each 1,000 gallons
D. Temporary Meter Use Constraints. To avoid damages
resulting from freezing weather, all temporary construction and irrigation
meters shall be removed from fire hydrants at the end of each day and no
later than 4:00 p.m. beginning November 1 and through the following
March 15. Any irrigation and/or construction meter found still attached to
a fire hydrant after 4 p.m. beginning November 1 and through the following
March 15, will be removed at a service charge fee of seventy-five dollars
($75.00). Should any irrigation and/or construction meter attached to a
fire hydrant cause damage as a result of being attached to a meter during
freezing conditions beginning November 1 and through the following
March 15, renter will be responsible for all costs associated with repair of
damaged fire hydrant, to include labor costs.
Section 1.06. Service Outside the District. The rates and charges
stated in this Rate Order are for service to customers and property located within
the boundaries of the District. Any service to a customer or property located
outside the boundaries of the District shall be granted only upon special approval
by the Board of Directors of the District. Unless other provisions are established
by a special contract approved by the Board of Directors of the District, any
service to customers or property outside the boundaries of the District shall be at
the same rates and terms as specified in this Rate Order, except that regular
charges for water, sewer, and tap charges shall be doubled.
Service to Trophy Club Park at Lake Grapevine is specifically exempted
from the doubling provision of the preceding paragraph.
Section 1.07. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 256.00
Fee for MUD-made Water Tap: $1,000.00
Inspection Fee for Water Tap: $ 50.00
The one-thousand-dollar ($1,000.00) fee must be received by the District
before any residential connection is initially made by MUD personnel to the
District’s water system, which includes the cost for a one-inch (1”) meter.
TCMUD No. 1 61 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-02040915-C
7
When taps have been made by someone other than MUD personnel,
there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the
appropriate meter.
Any request by a customer for service from an oversized connection line
or from a meter larger than a one-inch (1”) standard meter shall be granted by
the District only if the customer agrees and makes suitable arrangements to pay
the increased costs for such larger line and/or meter as set out above in
Paragraph 1.02.
Each customer requesting an initial connection to the District’s Water
System shall also pay to the District the cost required to be paid by the District to
the City of Fort Worth as a “water impact fee” or “water access fee” for the
additional customer connection to the Fort Worth Water System.
Section 1.08. Sewer Tap Fees. The charge for all taps of sewer
lines within the District shall be equal to the cost to the District for making such
connections.
Section 1.09. Title to Facilities. Title to all water meters, water and
sewer taps, and all other appurtenances, including meter boxes, shall lie in the
District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service. The following monthly rates for the
sale of water shall be in effect for each Separate Connection within the District
from the effective date hereof until such time as the Board of Directors amends
said rates:
A. Chemically Treated Water. Water from the District’s facilities
which has been mixed, chlorinated, or otherwise treated so that it is
suitable for human use and consumption shall be at the following rates:
(1) Single-Family Homes. Each single family home shall
be billed as follows:
Basic Charge Fee (Does not include water usage) $11.850
0-6,000 gallons per month $2.325/1,000 gal
7,000 to 12,000 gallons per month $2.791/1,000 gal
13,000 to 25,000 gallons per month $3.012.92/1,000
gal
26,000-plus gallons per month $3.1102/1,000 gal
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(2) Commercial. Each business service connection shall
be deemed to be a single-family home for purposes of water
service.
(3) Clubs. Each club shall be deemed to be a single-
family home for purposes of water service.
(4) Golf Course. Each meter shall be deemed to be a
single-family home for the purposes of water service.
(5) Multi-Family Buildings.
(i) Single Meter. Each multi-family building or
complex of buildings which is served by a single
meter shall be billed for water at the same rate as a
single-family home, with an Basic Charge Fee of
$11.850 times the number of units in the building or
complex.
(ii) Multiple Meters. If a multi-family building or
complex of buildings is served by more than one
meter, then water delivered through each meter shall
be billed at the same rate as a single family home,
with a Basic Charge Fee of $11.850 times the number
of units served by the meter.
(6) Public Access Parks. Any water or sewer services
utilized by the Town of Trophy Club in public access parks
for the operation and maintenance of such parks will be
billed at the in-district rate. Such water and sewer services
shall be for the benefit of the residents of the Town of Trophy
Club. Use for any other purpose shall require the services to
be billed at double the rate.
B. Golf Course Irrigation Water to the Lakes.
In addition to water usage charges, when the customer requests fresh
water on the day that established the District’s peak draw from the City of Fort
Worth, the customer shall be required to pay its respective portion of any
demand rate and/or minimal payment rate as specified in the District’s wholesale
water supply contract with the City of Fort Worth. However, if the customer’s
demand is absorbed by the District with no additional charges from Fort Worth,
the District may in its discretion waive the demand and/or minimal payment
charges to the customer.
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Section 2.02. Sewer Service Rates. The following monthly rates for the
collection and disposal of sewage shall be in effect for each Separate Connection
within the District from the effective date hereof until such time as the Board of
Directors amends said rates:
A. Single-Family Homes and Cottages. Each single-family home
and cottage shall be billed based upon the treated water used by such unit
that month, as follows:
Basic Charge Fee (Does not include sewer usage) $11.850
0-6,000 gallons per month $2.325/1,000 gal
7,000-12,000 gallons per month $2.791/1,000 gal
12,000 gallons maximum per month for residential
B. Commercial Buildings (including Clubs). Each commercial
building shall be billed for sewer service at the same rate as single-family
homes, based on the treated water used by such unit that month as
follows:
Basic Charge Fee (Does not include sewer usage) $11.850
0-6,000 gallons per month $2.325/1,000 gal
7,000-12,000 gallons per month $2.791/1,000 gal
13,000-25,000 gallons per month $2.923.01/1,000 gal
26,000-plus gallons per month $3.1102/1,000 gal
C. Multi-Family Buildings. Each unit in a multi-family building or
complex of buildings shall be billed at the same rate as a single-family
home, with a Basic Charge Fee of $11.850 times the number of units in
the building or complex.
Section 2.03. Golf Course Irrigation Water to the Lakes / Effluent Charge.
The effluent from the District’s wastewater treatment plant will be sold pursuant
to separate contracts entered into with the District and approved by its Board of
Directors. The District has contracted to sell effluent to the Trophy Club Country
Club and discharge said effluent into golf course lakes at a charge of sixty cents
($0.6055) per thousand gallons for the years 20098-201109.
In addition to water usage charges, when the customer requests fresh
water on the day that established the District’s peak draw from the City of Fort
Worth, the customer shall be required to pay its respective portion of any
demand rate and/or minimal payment rate as specified in the District’s wholesale
water supply contract with the City of Fort Worth. However, if the customer’s
demand is absorbed by the District with no additional charges from Fort Worth,
the District may in its discretion waive the demand and/or minimal payment
charges to the customer.
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Section 2.04. Stand-by Charge. For those lots subject to recorded
restrictive covenants that require or authorize the District to charge a stand-by
fee for water and sewer service where the lot has water and sewer service
available but the lot is not yet connected to the District’s system, the stand-by fee
shall be six dollars ($6.00) per month. Unless otherwise provided by the terms of
the recorded restrictive covenant applicable to a particular lot, the stand-by
charge shall commence on the first day of the month following the date upon
which water and sewer service is available at the property line of the lot and the
charge shall cease on the first day of the month preceding the date upon which
water and sewer use charges become due and payable to the District for water
and sewer service supplied to the lot.
Section 2.05. Master Meter (Cooling Tower Calculation).
The water usage from the master meter reading less the
reading from the “Blow Down” meter equals the
“evaporation.” Water usage less “evaporation” equals
sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas
Water Code, and 30 TAC291.76, the District shall pay a regulatory assessment
to the Texas Commission on Environmental Quality (“TCEQ”) annually in the
amount required by law on the total charges for retail water and sewer service
billed to its customers annually.
At the end of each year, the District shall prepare a written statement
indicating (i) the total charges for retail water and sewer service for the year and
(ii) the regulatory assessment due and payable to the TCEQ.
Section 2.07. No Reduced Rates or Free Service. All customers
receiving water and/or sewer service from the District shall be subject to the
provisions of this Order and shall be charged the rates established in this Order,
and no reduced rate or free service shall be furnished to any customer whether
such user be a charitable or eleemosynary institution, a political subdivision, or
municipal corporation; provided, however, this provision shall not prohibit the
District from establishing reasonable classifications of customers for which rates
differing from the rates stated herein may be adopted.
ARTICLE III
SERVICE POLICY
Section 3.01. Security Deposits. Security deposits shall be required as
follows:
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A. Builder’s Deposit A seventy-five dollar ($75.00) security
deposit shall be required of builders for each tap made by the District for
such service connection, payable at or prior to the time that such tap is
made, and the security deposit is refundable to the builder when the
account is later transferred to an owner if that account and all other
accounts of the builder are current at the time of the transfer; but, if that
account or any other account of the same builder is not current at the time
of such transfer to an owner, then the security deposit shall be applied
against the outstanding balance of the builder’s account(s) at the time of
such transfer. The District shall deduct from the deposit the cost to repair
any damage caused to the District’s property by the builder or the builder’s
employees, contractors, subcontractors or agents and shall deduct any
delinquent water and sewer service bills of the builder. In the event any
amounts are so deducted from the builder’s deposit, it will be incumbent
on the builder to reinstate the original amount of the deposit, and failure to
do so will result in the suspension of any additional water taps for the
builder.
B. Residential Owners. A security deposit of fifty dollars
($50.00) shall be required from each residential owner customer for a
single-family home connected to the District’s system. The security
deposit is refundable to the customer when the account is later closed if
that account is current at the time it is closed. However, if the account is
not current at the time it is closed, then the security deposit shall be
applied against the outstanding balance of the customer’s account at that
time.
C. Residential Lessees. A security deposit of one-hundred-fifty
dollars ($150.00) shall be required from each residential lessee customer
for a single-family home.
D. Construction Meters. See Paragraph 1.05 above.
E. Other customers. A security deposit equal to two months’
estimated average monthly water and sewer bill shall be required of all
other customers.
Currently, the MUD/District does not pay interest on deposits. The
interest drawn by the MUD/District on customer deposits is returned into
the operating budget of the water/sewer fund to help in providing the
lowest possible water and sewer rates for our citizens.
Section 3.02. Billing Procedures. All accounts shall be billed in
accordance with the following:
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A. Due Date and Delinquency. Charges for water service,
sewer service, and standby fees shall be billed monthly. Payment shall be
due on or before the twentieth (20th) day of the month in the month in
which the bill was received. Unless payment is received on or before the
twentieth (20th) day of the month, such account shall be considered
delinquent. If the due date falls on a holiday or weekend, the due date for
payment purposes shall be the next working day after the due date. The
District shall charge a penalty on past due accounts calculated at the rate
of ten percent (10%) per month on water, sewer and standby charges.
The rates for water and sewer service shall depend upon the type of user
and upon whether the water used has been chemically treated, as
provided in this Rate Order. All accounts not paid by the due date shall be
deemed delinquent and failure to make payment thereafter may result in
the termination of water and sewer service.
B. Residential Owners. A security deposit of $50.00 shall be
required from each residential owner customer for a single-family home
connected to the District’s system. The security deposit is refundable to
the customer when the account is later closed if that account is current at
the time it is closed. However, if the account is not current at the time it is
closed, then the security deposit shall be applied against the outstanding
balance of the customer’s account at that time.
B. Notice and Appeal. Prior to termination of service, a
customer who is delinquent in payment shall be sent a notice that service
will be discontinued on or after the fifteenth (15th) day after the date of
such notice unless payment in full is received before by such day
disconnection is scheduled. Notice shall be sent by first class United
States mail and shall inform the customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of
the customer’s right to contest, explain, or correct the charges, services,
or disconnection. Service shall not be disconnected where a customer
has informed the District of his or her desire to contest or explain his bill.
If the customer appears before the Board, in person or by written
correspondence, the Board shall hear and consider the matter and inform
the customer of the Board’s determination by sending written notice to the
customer by first class United States mail stating whether or not service
will be disconnected. If service is disconnected, it shall be reconnected
only upon payment in full of all amounts due, including any late charges,
penalties, and the security deposit set out in Section 3.01. If payment is
not received prior to the date that disconnection has been scheduled, a
service charge of $25.00 will be added to the account. Reconnections
made outside of the District’s normal business hours at the customer’s
request will be charged at an additional after hours fee of $100.00.
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C. Business Hours. For purposes of assessing the foregoing
charges, “normal” or ”regular” business hours shall mean only the hours
between 8 a.m. and 5 p.m., Monday through Friday, and between 7 a.m.
and 9 a.m. Saturdays, Sundays, and Holidays. All other times are outside
of the District’s normal business hours and will result in the higher charge.
D. Returned Checks. A twenty-five dollar ($25.00) charge will
be charged to the customer’s account for any check returned by the bank.
Any amounts due on an account which have been paid with a check that
has been returned by the bank must be paid in full by cash, cashier’s
check or money order, including all late charges and returned check
charges, within five (5) days from the day the District hangs a notice on
the customer’s door or otherwise notified the customer that the check has
been returned by the bank.
E. Confidentiality Request. A one-time charge of five dollars
($5.00) shall be made on each confidentiality request as set forth in H.B.
859.
F. Same-Day Service. An additional charge of twenty-five
dollars ($25.00) shall be made on customer requested same-day service.
As an example, this charge will be implemented upon request by a
customer for same-day service to start or terminate water and sewer
service or to doperform re-reads the same day as requested.
G. Accuracy Reading Fee. A meter accuracy reading fee in
the amount of ten dollars ($10.00) shall be charged to a customer by the
District for each meter accuracy reading made by the District for such
customer when the original reading appears to be accurate. If the original
meter reading appears to be in error, no fee will be charged. Each
customer will be allowed one accuracy meter reading per calendar year at
no charge. Should a customer request that the meter accuracy reading be
made by an outside source, then a fee of thirty-five dollars ($35.00) will be
charged to the customer. If the original meter reading is found to be in
error, then the customer will be given a credit offsetting the amount of the
charge.
Section 3.03. Entitlement. Customers are not guaranteed a specific
quantity or pressure of water or specific capacity in sewer facilities for any
purpose whatsoever; furthermore, in no instance shall the District be liable for
failure or refusal to furnish water or any particular amount or pressure of water or
to provide capacity in sewer facilities.
Section 3.04. Unauthorized and Extraordinary Waste. The rates
established herein are applicable for Domestic Waste as defined herein.
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Customers proposing to generate other types of waste will be assessed
additional charges as established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than
a duly authorized agent of the District shall open a meter box, tamper with
or in any way interfere with a meter, meter box, service line or other water
and/or sewer system appurtenance. The District reserves the right,
immediately and without notice, to remove the meter or disconnect water
service to any customer whose meter has been tampered with and to
assess repair charges to the customer, plus a damage fee not to exceed
five-thousand dollars ($5,000.00), plus any applicable charge for same
day service.
B. Repair. It shall be the responsibility of each customer to
maintain the water and sewer lines from the point of connection to the
District’s water and sewer system to the building served. The District
reserves the right to repair any damage to the District’s System and
appurtenances without prior notice and to assess against any customer
such penalties as are provided by law and such penalties provided for in
this Rate Order in addition to those charges necessary to repair the
portion of the System so damaged.
C. Video. If at any time a resident/customer wishes to have the
District video their sewer line to help the resident determine the condition
of their sewer line, the fee will be one-hundred-fifty dollars ($150.00)
payable to the District assessed on the next month’s bill.
Section 3.06. Requested Temporary Disconnection. If service is
temporarily disconnected at the customer’s request, the charge for such
voluntary disconnection shall be ten dollars ($10.00), and the charge for
subsequently reconnecting the service shall also be ten dollars ($10.00). These
charges apply to connects and disconnects that are completed during normal
business hours.
Section 3.07. Easements. Before service is begun to any customer,
or once begun before reconnection is made, the person requesting such service
shall grant an easement of ingress and egress to and from the meter(s) for such
maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.08. Required Service. No service will be given from the
District’s water and sewer system unless the customer agrees to take both water
and sewer service, except that permanent irrigation only services may receive
water only, and projects under construction may, if they wish, receive water
service only during the period of such construction.
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Section 3.09. Additional Charges. In all cases where services are
performed for and equipment or supplies are furnished to a party or entity not
within MUD 1, the charge to said party or entity shall be the MUD’s cost of
providing such services, equipment and/or supplies, plus fifteen percent (15%).
This shall not apply to services; equipment and/or supplies furnished by MUD 1
under an existing Interlocal Agreement nor to the rates MUD 1 charges for out-of-
district water and sewer service.
ARTICLE IV
INDUSTRIAL WASTE
Section 4.01. Policy. The following policy regarding industrial
waste shall be effective:
A. Definition. “Industrial waste” shall mean the water-borne
solids, liquids, and/or gaseous wastes (including Cooling Water), resulting
from any industrial, manufacturing, trade, business, commercial, or food
processing operation or process, or from the development of any natural
resource, or any mixture of such solids, liquids, or wastes with water or
domestic sewage. The Clean Water Act of 1977, as amended, and the
General Pretreatment Regulations contained in 40 C.F.R. §403 contain
the requirements for user’s discharge of industrial waste into wastewater
facilities.
B. Industrial Waste Discharge-Charges and Rates. If any
customer of the District’s sanitary sewer system proposes to discharge
industrial waste into such system, the Board of Directors of the District
shall request the recommendation of the District Engineer and shall
establish rates and charges to provide for an equitable assessment of
costs whereby such rates and charges for discharges of industrial waste
correspond to the cost of waste treatment, taking into account the volume
and strength of the industrial, domestic, commercial waste, and all other
waste discharges treated and techniques of the treatment required. Such
rates shall be an equitable system of cost recovery which is sufficient to
produce revenues, in proportion to the percentage of industrial wastes
proportionately relative to the total waste load to be treated by the District
for the operation and maintenance of the treatment works, for the
amortization of the District’s indebtedness for the cost as may be
necessary to assure adequate waste treatment on a continuing basis.
B.C. Pretreatment. The Board of Directors of the District shall
rely upon the recommendation of the District Engineer and shall require
pretreatment of any industrial waste that would otherwise be detrimental to
the treatment works or to its proper and efficient operation and
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maintenance or will otherwise prevent the entry of such industrial waste
into the treatment plant.
ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil
penalties for breach of any rule of the District: The violator shall pay the
District twice the costs the District has sustained due to the violation up to
five-thousand dollars ($5,000.00). A penalty under this Section is in
addition to any other penalty provided by the laws of this State and may
be enforced by complaints filed in the appropriate court of jurisdiction in
the county in which the District’s principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the
same action, recover any reasonable fees for attorneys, expert witnesses,
and other costs incurred by the District before the court. The court shall
fix the amount of the attorneys’ fees.
B. Liability for Costs. Any person violating any of the provisions
of this Order and/or the rules and regulations governing water and sanitary
sewer facilities, service lines, and connections shall become liable to the
District for any expense, loss or damage occasioned by the District by
reason of such violation, and enforcement thereof shall be in accordance
with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to
enforce any section, clause, sentence, or provision of this Order shall not
constitute a waiver of the right of the District later to enforce any section, clause,
sentence, or provision of this Order.
Section 5.03. Appeal. Any determination by the District of any
dispute regarding the terms and provisions of this order may be appealed to the
Board of the District, which shall conduct a hearing on the matter. The District
shall provide the customer with information regarding appeals and hearing
procedures upon the customer’s request.
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ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and
specifically reserves the right to change, alter or amend any rate or provision of
this Order at any time.
Section 6.02. Severability. The provisions of this Order are
severable, and if any provision or part of this Order or the application thereof to
any person or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Order and application of such provision or part of this Order shall not be affected
thereby.
Section 6.03. Headings. The section and paragraph headings used
herein are for reference only and are not to be construed as part of the text of the
section or paragraph.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the “2009-10 Rate Order” (Order 2009-
0915-C204) of the District. All previous Orders adopted by the Board of Directors
pertaining to the subject matter hereof are each hereby repealed in their entirety
as of the effective date hereof.
ARTICLE VIII
EFFECTIVE DATE
This Order shall be effective February 5, 2009October 1, 2009.
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open
to the public as required by law, and that public notice of the time, place, and
subject matter of said meeting and of the proposed adoption of this Order was
given as required by law.
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PASSED, ADOPTED, ORDERED, AND APPROVED this 3rd 15th day of
June September 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
APPROVED AS TO FORM:
____________________________
ATTORNEY, TCMUD No. 1 (Seal)
TCMUD No. 1 73 of 172 15 September 2009
2009-10 RATE ORDER
TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1
ORDER No. 2009-0915-C
AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND
RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES
FOR CONNECTION, RECONNECTION, INSPECTION,
ACCURACY READINGS, AND RETURNED CHECKS;
REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY
FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is
the owner and/or operator of a water and sewer system designed to serve
present and future inhabitants within the District and the Trophy Club
development; and
WHEREAS, the District’s most recent Rate Order was adopted on
February 4, 2009 (the “2009-1 Rate Order”), several additional modifications are
needed at this time, and the District desires to establish all of its rate policies in a
single new Rate Order; and
WHEREAS, the Board of Directors of the District has carefully considered
the terms of this 2009-10 Rate Order and is of the opinion that the following
conditions and provisions should be established as the policies, procedures, and
rates for obtaining service from the District’s water and sewer system;
THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT:
ARTICLE I
TAP FEES AND CONNECTION POLICY
Section 1.01. Initiation of Water and Sanitary Sewer Connections.
Each person desiring a water and sanitary sewer service connection to the
District’s System shall be required to pay such fees as set forth in this Order. No
service shall be established or re-established until such fees are paid. All service
connections are subject to all other rules, regulations, and policies of the District.
2
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A. Certification of System. Connections shall not be made to
the District’s System or portions of the System until the District’s engineer
or Water/Wastewater Superintendent has certified that the System or
applicable portion thereof is operable.
B. Backflow Prevention. No water connections from any public
drinking water supply system shall be allowed to any commercial
establishment where an actual or potential contamination hazard exists
unless the public water facilities are protected from contamination.
At any commercial establishment where an actual or potential
contamination hazard exists, protection shall be required at the meter in
the form of a backflow prevention assembly. The type of assembly
required shall be the one known as “Reduced Pressure Zone” (RPZ)
unless otherwise specified by the District through its Superintendent.
The existence of potential contamination hazards without installation
having been made of the means of control and prevention as set out in the
preceding paragraph; or, the same having been installed, there is a failure
to properly maintain the same, shall be considered sufficient grounds for
immediate termination of water service. Service can be restored only
when the health hazard no longer exists, or when the health hazard has
been isolated from the public water system in accordance with the
foregoing requirements.
All backflow prevention assemblies that are required according to this
section shall be tested upon installation by a recognized backflow
prevention assembly tester and certified to be operating within
specifications. Backflow prevention assemblies that are installed to
provide protection against health hazards must also be tested and certified
to be operating within specifications at least annually by a recognized
backflow prevention assembly tester.
The Customer shall, at his expense, properly install, test, and maintain
any backflow prevention device required by this Rate Order. Copies of all
testing and maintenance records shall be provided to the MUD not later
than a date to be fixed by the MUD.
If the Customer fails to comply with the terms of this Order, the MUD shall,
at its option, either terminate service or properly install, test, and maintain
an appropriate backflow prevention device at the service connection. Any
expenses associated with the enforcement of this agreement shall be
billed to the Customer.
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C. Availability of Access/Obstructions. By application for
connection to the District’s System, the customer shall be deemed to be
granting to the District and its representatives a right of ingress and egress
to and from the meter or point of service for such installation, maintenance
and repair as the District, in its judgment, may deem reasonably
necessary. The customer shall also be deemed to be granting to the
District and its representatives a right of ingress and egress to the
customer’s property, including the exterior of the customer’s premises, for
the purpose of performing the inspections and completing the customer‘s
Service Inspection Certifications required by the District’s rules and
regulations. Taps and connections will not be made when, in the opinion
of the District, building materials or other debris obstructs the work area or
the work area is not completed or finished to grade. When sidewalks,
driveways or other improvements have been constructed prior to
application for service, such application shall be construed and accepted
as the customer’s waiver of a claim for any damages to such
improvements resulting from the reasonable actions of the District in
installation of the connection.
Section 1.02. Residential Fire Lines, Connections, and Fees. A
residence of six-thousand (6,000) square feet and less than eight-thousand
(8,000) square feet shall have installed on its one-inch (1”) water service line, for
fire protection, and as part of said line, a one-inch (1”) U-branch, with a separate
meter and meter-box. The cost of said U-branch, meter, and meter-box shall be
in the amount of five-hundred-twenty-five dollars ($525.00), payable at the time
of permitting.
A residence of more than eight-thousand (8,000) square feet, in addition
to its regular one-inch (1”) water service line, shall have installed a separate one-
and one-half inch (1½”) water service line for fire protection with its own meter
and meter-box. The cost of connection and installation of said separate line,
meter and meter-box shall be either nine-hundred-seventy-five dollars ($975.00)
if the home is on the same side of the street as the waterline; or, if it is on the
opposite side of the street from the waterline, necessitating boring, then the
charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at
the time of permitting.
Section 1.03. Connections by District. All connections to the
District’s sewer system shall be made in accordance with the District’s Plumbing
Code and its rules and regulations. No person except the District Manager or
his/her authorized agent shall be permitted to tap or make any connection to the
mains or distribution piping of the District’s water system, except for emergency
firefighting purposes, or make any repairs or additions to or alterations in any
meter, box, tap, pipe, cock or other fixture connected with the water service or
any manhole, main, trunk or appurtenance of the District’s sanitary sewer
system, unless otherwise specified by the Board of Directors of the District. No
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sewer connection shall be covered in the ground before a representative of the
District has inspected the sewer connection. No house lead shall be covered in
the ground before the water connection has been inspected and approved by a
licensed plumbing inspector with jurisdiction of the site.
Section 1.04. Inspections and Fees. Fees for permits and for
plumbing inspections (other than for sewer and backflow inspections referred to
below in subparagraphs A and B) should be paid to the city or town in which the
property is located or to the District if the property is not located within a city or
town.
A. Sewer Inspection and Fees. Sewer connections and house
service lines shall be inspected by the District. An inspection fee of one-
hundred-fifty dollars ($150.00) shall be paid to the District for each
connection to the District sanitary sewer system. Installations that fail to
conform at any time to the rules and regulations shall be disconnected.
Any customer whose connection is disconnected for such failure shall be
notified as to the basis for such disconnection. After noted deficiencies
have been corrected, a re-inspection shall be made upon payment to the
District of a re-inspection fee of twenty-five dollars ($25.00), plus payment
by the customer of all outstanding charges. If subsequent re-inspections
are required before the sewer connection and service lines are in
compliance with the rules and regulations, a re-inspection fee of twenty-
five dollars ($25.00) shall be paid to the District for each subsequent re-
inspection. Re-inspections by the District requested after regular business
hours will be charged at a minimum of one-hundred dollars ($100.00).
B. Backflow Inspections. For all backflow installations
(residential and commercial) inspected by the personnel of the District, an
inspection fee of fifty dollars ($50.00) shall be paid to the District.
Inspections that fail to conform at any time to the rules and regulations
shall be disconnected. Any customer whose connection is disconnected
for such failure shall be notified as to the basis for such disconnection.
After noted deficiencies have been corrected, a re-inspection shall be
made upon payment to the District of a re-inspection fee of twenty-five
dollars ($25.00), plus payment by the customer of all outstanding charges.
If subsequent re-inspections are required, a re-inspection fee of twenty-
five dollars ($25.00) shall be paid to the District for each subsequent re-
inspection. Re-inspections by the District requested after regular business
hours will be charged at a minimum of one-hundred dollars ($100.00).
C. Swimming Pool Discharge into Sanitary Sewer System. Any
backwash or drainage from a swimming pool shall discharge into the
sanitary sewer system. An indirect connection shall be made by means of
an air break, discharging into a tailpiece installed a minimum of 6” (or 152
mm) above adjacent grade. The tailpiece shall be connected to a
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minimum three-inch (3” or 76 mm) p-trap not less than twelve inches (12”
or 304 mm) below grade which discharges into the yard cleanout riser.
Backwash systems shall not flow onto neighboring properties or into the
storm sewer. The tie-in and inspection fee shall be seventy-five dollars
($75.00) to be paid at the time of issuance of the pool permit.
Section 1.05. Temporary Water Service.
A. Construction Meters. The District shall be authorized to
make a temporary connection to any fire hydrant or flushing valve upon
request for temporary water service. All temporary service shall be
metered and billed to the temporary customer as provided herein. All
unauthorized withdrawal of water from flushing valves, fire hydrants, or
other appurtenances of the District’s System without prior approval of the
District, except for emergency fire-fighting purposes, is prohibited.
B. Application and Deposit. Each temporary customer desiring
temporary water service shall be required to execute an application for
such temporary service and shall provide a minimum security deposit of
one-thousand-seven-hundred-seventy-five dollars ($1,775.00) for a three-
inch (3”) meter and RPZ; six-hundred-fifty dollars ($650.00) for a smaller
meter and smaller RPZ. The deposit shall be made by cashier’s check or
money order payable to the District. The deposit shall be used by the
District to secure the payment for temporary water supplied by the District,
the installation fee, and the cost of repair of any damages caused by the
temporary customer. The balance of the security deposit, if any, shall be
refunded after disconnection from the District’s System.
C. Fees and Rates. A fee of one-hundred dollars ($100.00) for
costs of installation, plus the cost of the metered water, shall be charged
for temporary water service. The following rate for the sale of water for
each temporary water service connection shall be in effect from the
effective date hereof until such time as the Board amends said rate:
Gallons Used Rate
Any amount $3.02 per each 1,000 gallons
D. Temporary Meter Use Constraints. To avoid damages
resulting from freezing weather, all temporary construction and irrigation
meters shall be removed from fire hydrants at the end of each day and no
later than 4:00 p.m. beginning November 1 and through the following
March 15. Any irrigation and/or construction meter found still attached to
a fire hydrant after 4 p.m. beginning November 1 and through the following
March 15, will be removed at a service charge fee of seventy-five dollars
($75.00). Should any irrigation and/or construction meter attached to a
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fire hydrant cause damage as a result of being attached to a meter during
freezing conditions beginning November 1 and through the following
March 15, renter will be responsible for all costs associated with repair of
damaged fire hydrant, to include labor costs.
Section 1.06. Service Outside the District. The rates and charges
stated in this Rate Order are for service to customers and property located within
the boundaries of the District. Any service to a customer or property located
outside the boundaries of the District shall be granted only upon special approval
by the Board of Directors of the District. Unless other provisions are established
by a special contract approved by the Board of Directors of the District, any
service to customers or property outside the boundaries of the District shall be at
the same rates and terms as specified in this Rate Order, except that regular
charges for water, sewer, and tap charges shall be doubled.
Service to Trophy Club Park at Lake Grapevine is specifically exempted
from the doubling provision of the preceding paragraph.
Section 1.07. Water Meter and Water Tap Fees.
Domestic one-inch (1”) meter: $ 256.00
Fee for MUD-made Water Tap: $1,000.00
Inspection Fee for Water Tap: $ 50.00
The one-thousand-dollar ($1,000.00) fee must be received by the District
before any residential connection is initially made by MUD personnel to the
District’s water system, which includes the cost for a one-inch (1”) meter.
When taps have been made by someone other than MUD personnel,
there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the
appropriate meter.
Any request by a customer for service from an oversized connection line
or from a meter larger than a one-inch (1”) standard meter shall be granted by
the District only if the customer agrees and makes suitable arrangements to pay
the increased costs for such larger line and/or meter as set out above in
Paragraph 1.02.
Each customer requesting an initial connection to the District’s Water
System shall also pay to the District the cost required to be paid by the District to
the City of Fort Worth as a “water impact fee” or “water access fee” for the
additional customer connection to the Fort Worth Water System.
Section 1.08. Sewer Tap Fees. The charge for all taps of sewer
lines within the District shall be equal to the cost to the District for making such
connections.
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Section 1.09. Title to Facilities. Title to all water meters, water and
sewer taps, and all other appurtenances, including meter boxes, shall lie in the
District.
ARTICLE II
SERVICE RATES
Section 2.01. Water Service. The following monthly rates for the
sale of water shall be in effect for each Separate Connection within the District
from the effective date hereof until such time as the Board of Directors amends
said rates:
A. Chemically Treated Water. Water from the District’s facilities
which has been mixed, chlorinated, or otherwise treated so that it is
suitable for human use and consumption shall be at the following rates:
(1) Single-Family Homes. Each single family home shall
be billed as follows:
Basic Charge Fee (Does not include water usage) $11.85
0-6,000 gallons per month $2.32/1,000 gal
7,000 to 12,000 gallons per month $2.79/1,000 gal
13,000 to 25,000 gallons per month $3.01/1,000 gal
26,000-plus gallons per month $3.11/1,000 gal
(2) Commercial. Each business service connection shall
be deemed to be a single-family home for purposes of water
service.
(3) Clubs. Each club shall be deemed to be a single-
family home for purposes of water service.
(4) Golf Course. Each meter shall be deemed to be a
single-family home for the purposes of water service.
(5) Multi-Family Buildings.
(i) Single Meter. Each multi-family building or
complex of buildings which is served by a single
meter shall be billed for water at the same rate as a
single-family home, with an Basic Charge Fee of
$11.85 times the number of units in the building or
complex.
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(ii) Multiple Meters. If a multi-family building or
complex of buildings is served by more than one
meter, then water delivered through each meter shall
be billed at the same rate as a single family home,
with a Basic Charge Fee of $11.85 times the number
of units served by the meter.
(6) Public Access Parks. Any water or sewer services
utilized by the Town of Trophy Club in public access parks
for the operation and maintenance of such parks will be
billed at the in-district rate. Such water and sewer services
shall be for the benefit of the residents of the Town of Trophy
Club. Use for any other purpose shall require the services to
be billed at double the rate.
Section 2.02. Sewer Service Rates. The following monthly rates for the
collection and disposal of sewage shall be in effect for each Separate Connection
within the District from the effective date hereof until such time as the Board of
Directors amends said rates:
A. Single-Family Homes and Cottages. Each single-family home
and cottage shall be billed based upon the treated water used by such unit
that month, as follows:
Basic Charge Fee (Does not include sewer usage) $11.85
0-6,000 gallons per month $2.32/1,000 gal
7,000-12,000 gallons per month $2.79/1,000 gal
12,000 gallons maximum per month for residential
B. Commercial Buildings (including Clubs). Each commercial
building shall be billed for sewer service at the same rate as single-family
homes, based on the treated water used by such unit that month as
follows:
Basic Charge Fee (Does not include sewer usage) $11.85
0-6,000 gallons per month $2.32/1,000 gal
7,000-12,000 gallons per month $2.79/1,000 gal
13,000-25,000 gallons per month $3.01/1,000 gal
26,000-plus gallons per month $3.11/1,000 gal
C. Multi-Family Buildings. Each unit in a multi-family building or
complex of buildings shall be billed at the same rate as a single-family
home, with a Basic Charge Fee of $11.85 times the number of units in the
building or complex.
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Section 2.03. Golf Course Irrigation Water to the Lakes / Effluent Charge.
The effluent from the District’s wastewater treatment plant will be sold pursuant
to separate contracts entered into with the District and approved by its Board of
Directors. The District has contracted to sell effluent to the Trophy Club Country
Club and discharge said effluent into golf course lakes at a charge of sixty cents
($0.60) per thousand gallons for the years 2009-2011.
In addition to water usage charges, when the customer requests fresh
water on the day that established the District’s peak draw from the City of Fort
Worth, the customer shall be required to pay its respective portion of any
demand rate and/or minimal payment rate as specified in the District’s wholesale
water supply contract with the City of Fort Worth. However, if the customer’s
demand is absorbed by the District with no additional charges from Fort Worth,
the District may in its discretion waive the demand and/or minimal payment
charges to the customer.
Section 2.04. Stand-by Charge. For those lots subject to recorded
restrictive covenants that require or authorize the District to charge a stand-by
fee for water and sewer service where the lot has water and sewer service
available but the lot is not yet connected to the District’s system, the stand-by fee
shall be six dollars ($6.00) per month. Unless otherwise provided by the terms of
the recorded restrictive covenant applicable to a particular lot, the stand-by
charge shall commence on the first day of the month following the date upon
which water and sewer service is available at the property line of the lot and the
charge shall cease on the first day of the month preceding the date upon which
water and sewer use charges become due and payable to the District for water
and sewer service supplied to the lot.
Section 2.05. Master Meter (Cooling Tower Calculation).
The water usage from the master meter reading less the
reading from the “Blow Down” meter equals the
“evaporation.” Water usage less “evaporation” equals
sewer usage for billing purposes.
Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas
Water Code, and 30 TAC291.76, the District shall pay a regulatory assessment
to the Texas Commission on Environmental Quality (“TCEQ”) annually in the
amount required by law on the total charges for retail water and sewer service
billed to its customers annually.
At the end of each year, the District shall prepare a written statement
indicating (i) the total charges for retail water and sewer service for the year and
(ii) the regulatory assessment due and payable to the TCEQ.
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Section 2.07. No Reduced Rates or Free Service. All customers
receiving water and/or sewer service from the District shall be subject to the
provisions of this Order and shall be charged the rates established in this Order,
and no reduced rate or free service shall be furnished to any customer whether
such user be a charitable or eleemosynary institution, a political subdivision, or
municipal corporation; provided, however, this provision shall not prohibit the
District from establishing reasonable classifications of customers for which rates
differing from the rates stated herein may be adopted.
ARTICLE III
SERVICE POLICY
Section 3.01. Security Deposits. Security deposits shall be required as
follows:
A. Builder’s Deposit A seventy-five dollar ($75.00) security
deposit shall be required of builders for each tap made by the District for
such service connection, payable at or prior to the time that such tap is
made, and the security deposit is refundable to the builder when the
account is later transferred to an owner if that account and all other
accounts of the builder are current at the time of the transfer; but, if that
account or any other account of the same builder is not current at the time
of such transfer to an owner, then the security deposit shall be applied
against the outstanding balance of the builder’s account(s) at the time of
such transfer. The District shall deduct from the deposit the cost to repair
any damage caused to the District’s property by the builder or the builder’s
employees, contractors, subcontractors or agents and shall deduct any
delinquent water and sewer service bills of the builder. In the event any
amounts are so deducted from the builder’s deposit, it will be incumbent
on the builder to reinstate the original amount of the deposit, and failure to
do so will result in the suspension of any additional water taps for the
builder.
B. Residential Owners. A security deposit of fifty dollars
($50.00) shall be required from each residential owner customer for a
single-family home connected to the District’s system. The security
deposit is refundable to the customer when the account is later closed if
that account is current at the time it is closed. However, if the account is
not current at the time it is closed, then the security deposit shall be
applied against the outstanding balance of the customer’s account at that
time.
C. Residential Lessees. A security deposit of one-hundred-fifty
dollars ($150.00) shall be required from each residential lessee customer
for a single-family home.
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D. Construction Meters. See Paragraph 1.05 above.
E. Other customers. A security deposit equal to two months’
estimated average monthly water and sewer bill shall be required of all
other customers.
Currently, the MUD/District does not pay interest on deposits. The
interest drawn by the MUD/District on customer deposits is returned into
the operating budget of the water/sewer fund to help in providing the
lowest possible water and sewer rates for our citizens.
Section 3.02. Billing Procedures. All accounts shall be billed in
accordance with the following:
A. Due Date and Delinquency. Charges for water service,
sewer service, and standby fees shall be billed monthly. Payment shall be
due on or before the twentieth (20th) day of the month in the month in
which the bill was received. Unless payment is received on or before the
twentieth (20th) day of the month, such account shall be considered
delinquent. If the due date falls on a holiday or weekend, the due date for
payment purposes shall be the next working day after the due date. The
District shall charge a penalty on past due accounts calculated at the rate
of ten percent (10%) per month on water, sewer and standby charges.
The rates for water and sewer service shall depend upon the type of user
and upon whether the water used has been chemically treated, as
provided in this Rate Order. All accounts not paid by the due date shall be
deemed delinquent and failure to make payment thereafter may result in
the termination of water and sewer service.
B. Notice and Appeal. Prior to termination of service, a
customer who is delinquent in payment shall be sent a notice that service
will be discontinued on or after the fifteenth (15th) day after the date of
such notice unless payment in full is received before by such day
disconnection is scheduled. Notice shall be sent by first class United
States mail and shall inform the customer of the amount of the delinquent
bill, the date service will be disconnected if payment is not made, and of
the customer’s right to contest, explain, or correct the charges, services,
or disconnection. Service shall not be disconnected where a customer
has informed the District of his or her desire to contest or explain his bill.
If the customer appears before the Board, in person or by written
correspondence, the Board shall hear and consider the matter and inform
the customer of the Board’s determination by sending written notice to the
customer by first class United States mail stating whether or not service
will be disconnected. If service is disconnected, it shall be reconnected
only upon payment in full of all amounts due, including any late charges,
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penalties, and the security deposit set out in Section 3.01. If payment is
not received prior to the date that disconnection has been scheduled, a
service charge of $25.00 will be added to the account. Reconnections
made outside of the District’s normal business hours at the customer’s
request will be charged at an additional after hours fee of $100.00.
C. Business Hours. For purposes of assessing the foregoing
charges, “normal” or ”regular” business hours shall mean only the hours
between 8 a.m. and 5 p.m., Monday through Friday, and between 7 a.m.
and 9 a.m. Saturdays, Sundays, and Holidays. All other times are outside
of the District’s normal business hours and will result in the higher charge.
D. Returned Checks. A twenty-five dollar ($25.00) charge will
be charged to the customer’s account for any check returned by the bank.
Any amounts due on an account which have been paid with a check that
has been returned by the bank must be paid in full by cash, cashier’s
check or money order, including all late charges and returned check
charges, within five (5) days from the day the District hangs a notice on
the customer’s door or otherwise notified the customer that the check has
been returned by the bank.
E. Confidentiality Request. A one-time charge of five dollars
($5.00) shall be made on each confidentiality request as set forth in H.B.
859.
F. Same-Day Service. An additional charge of twenty-five
dollars ($25.00) shall be made on customer requested same-day service.
As an example, this charge will be implemented upon request by a
customer for same-day service to start or terminate water and sewer
service or to perform re-reads the same day as requested.
G. Accuracy Reading Fee. A meter accuracy reading fee in
the amount of ten dollars ($10.00) shall be charged to a customer by the
District for each meter accuracy reading made by the District for such
customer when the original reading appears to be accurate. If the original
meter reading appears to be in error, no fee will be charged. Each
customer will be allowed one accuracy meter reading per calendar year at
no charge. Should a customer request that the meter accuracy reading be
made by an outside source, then a fee of thirty-five dollars ($35.00) will be
charged to the customer. If the original meter reading is found to be in
error, then the customer will be given a credit offsetting the amount of the
charge.
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Section 3.03. Entitlement. Customers are not guaranteed a specific
quantity or pressure of water or specific capacity in sewer facilities for any
purpose whatsoever; furthermore, in no instance shall the District be liable for
failure or refusal to furnish water or any particular amount or pressure of water or
to provide capacity in sewer facilities.
Section 3.04. Unauthorized and Extraordinary Waste. The rates
established herein are applicable for Domestic Waste as defined herein.
Customers proposing to generate other types of waste will be assessed
additional charges as established by the District.
Section 3.05. Damage to District Facilities.
A. Damage to Meter and Appurtenances. No person other than
a duly authorized agent of the District shall open a meter box, tamper with
or in any way interfere with a meter, meter box, service line or other water
and/or sewer system appurtenance. The District reserves the right,
immediately and without notice, to remove the meter or disconnect water
service to any customer whose meter has been tampered with and to
assess repair charges to the customer, plus a damage fee not to exceed
five-thousand dollars ($5,000.00), plus any applicable charge for same
day service.
B. Repair. It shall be the responsibility of each customer to
maintain the water and sewer lines from the point of connection to the
District’s water and sewer system to the building served. The District
reserves the right to repair any damage to the District’s System and
appurtenances without prior notice and to assess against any customer
such penalties as are provided by law and such penalties provided for in
this Rate Order in addition to those charges necessary to repair the
portion of the System so damaged.
C. Video. If at any time a resident/customer wishes to have the
District video their sewer line to help the resident determine the condition
of their sewer line, the fee will be one-hundred-fifty dollars ($150.00)
payable to the District assessed on the next month’s bill.
Section 3.06. Requested Temporary Disconnection. If service is
temporarily disconnected at the customer’s request, the charge for such
voluntary disconnection shall be ten dollars ($10.00), and the charge for
subsequently reconnecting the service shall also be ten dollars ($10.00). These
charges apply to connects and disconnects that are completed during normal
business hours.
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Section 3.07. Easements. Before service is begun to any customer,
or once begun before reconnection is made, the person requesting such service
shall grant an easement of ingress and egress to and from the meter(s) for such
maintenance and repair as the District, in its judgment, may deem necessary.
Section 3.08. Required Service. No service will be given from the
District’s water and sewer system unless the customer agrees to take both water
and sewer service, except that permanent irrigation only services may receive
water only, and projects under construction may, if they wish, receive water
service only during the period of such construction.
Section 3.09. Additional Charges. In all cases where services are
performed for and equipment or supplies are furnished to a party or entity not
within MUD 1, the charge to said party or entity shall be the MUD’s cost of
providing such services, equipment and/or supplies, plus fifteen percent (15%).
This shall not apply to services; equipment and/or supplies furnished by MUD 1
under an existing Interlocal Agreement nor to the rates MUD 1 charges for out-of-
district water and sewer service.
ARTICLE IV
INDUSTRIAL WASTE
Section 4.01. Policy. The following policy regarding industrial
waste shall be effective:
A. Definition. “Industrial waste” shall mean the water-borne
solids, liquids, and/or gaseous wastes (including Cooling Water), resulting
from any industrial, manufacturing, trade, business, commercial, or food
processing operation or process, or from the development of any natural
resource, or any mixture of such solids, liquids, or wastes with water or
domestic sewage. The Clean Water Act of 1977, as amended, and the
General Pretreatment Regulations contained in 40 C.F.R. §403 contain
the requirements for user’s discharge of industrial waste into wastewater
facilities.
B. Industrial Waste Discharge-Charges and Rates. If any
customer of the District’s sanitary sewer system proposes to discharge
industrial waste into such system, the Board of Directors of the District
shall request the recommendation of the District Engineer and shall
establish rates and charges to provide for an equitable assessment of
costs whereby such rates and charges for discharges of industrial waste
correspond to the cost of waste treatment, taking into account the volume
and strength of the industrial, domestic, commercial waste, and all other
waste discharges treated and techniques of the treatment required. Such
rates shall be an equitable system of cost recovery which is sufficient to
produce revenues, in proportion to the percentage of industrial wastes
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proportionately relative to the total waste load to be treated by the District
for the operation and maintenance of the treatment works, for the
amortization of the District’s indebtedness for the cost as may be
necessary to assure adequate waste treatment on a continuing basis.
C. Pretreatment. The Board of Directors of the District shall
rely upon the recommendation of the District Engineer and shall require
pretreatment of any industrial waste that would otherwise be detrimental to
the treatment works or to its proper and efficient operation and
maintenance or will otherwise prevent the entry of such industrial waste
into the treatment plant.
ARTICLE V
ENFORCEMENT/CIVIL PENALTIES
Section 5.01. Enforcement.
A. Civil Penalties. The Board hereby imposes the following civil
penalties for breach of any rule of the District: The violator shall pay the
District twice the costs the District has sustained due to the violation up to
five-thousand dollars ($5,000.00). A penalty under this Section is in
addition to any other penalty provided by the laws of this State and may
be enforced by complaints filed in the appropriate court of jurisdiction in
the county in which the District’s principal office or meeting place is
located. If the District prevails in any suit to enforce its rules, it may, in the
same action, recover any reasonable fees for attorneys, expert witnesses,
and other costs incurred by the District before the court. The court shall
fix the amount of the attorneys’ fees.
B. Liability for Costs. Any person violating any of the provisions
of this Order and/or the rules and regulations governing water and sanitary
sewer facilities, service lines, and connections shall become liable to the
District for any expense, loss or damage occasioned by the District by
reason of such violation, and enforcement thereof shall be in accordance
with Paragraph A of Section 5.01 of this Order.
Section 5.02. Non-waiver. The failure on the part of the District to
enforce any section, clause, sentence, or provision of this Order shall not
constitute a waiver of the right of the District later to enforce any section, clause,
sentence, or provision of this Order.
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Section 5.03. Appeal. Any determination by the District of any
dispute regarding the terms and provisions of this order may be appealed to the
Board of the District, which shall conduct a hearing on the matter. The District
shall provide the customer with information regarding appeals and hearing
procedures upon the customer’s request.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Amendments. The Board of the District has and
specifically reserves the right to change, alter or amend any rate or provision of
this Order at any time.
Section 6.02. Severability. The provisions of this Order are
severable, and if any provision or part of this Order or the application thereof to
any person or circumstance shall ever be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, the remainder of this
Order and application of such provision or part of this Order shall not be affected
thereby.
Section 6.03. Headings. The section and paragraph headings used
herein are for reference only and are not to be construed as part of the text of the
section or paragraph.
ARTICLE VII
REPEAL OF PREVIOUS ORDERS
This Rate Order shall be known as the “2009-10 Rate Order” (Order 2009-
0915-C) of the District. All previous Orders adopted by the Board of Directors
pertaining to the subject matter hereof are each hereby repealed in their entirety
as of the effective date hereof.
ARTICLE VIII
EFFECTIVE DATE
This Order shall be effective October 1, 2009.
16
TCMUD No. 1 89 of 172 15 September 2009
Trophy Club MUD 1 2009-10 Rate Order 2009-0915-C
17
ARTICLE IX
PUBLIC MEETING
It is hereby found that the meeting at which this Order is adopted is open
to the public as required by law, and that public notice of the time, place, and
subject matter of said meeting and of the proposed adoption of this Order was
given as required by law.
PASSED, ADOPTED, ORDERED, AND APPROVED this 15th day of
September 2009.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ _____________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
APPROVED AS TO FORM:
____________________________
ATTORNEY, TCMUD No. 1 (Seal)
TCMUD No. 1 90 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-81-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:5/22/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding Order 2009-0915, repealing the Ethics Policy and
adopting an amended Ethics Policy, a Code of Conduct and a Rules of Procedure for the Board of
Directors of TCMUD No. 1. (Budarf)
Attachments:
Action ByDate Action ResultVer.
TCMUD No. 1 91 of 172 15 September 2009
109-81-M1 Version:File #:
Title
Discuss and take appropriate action regarding Order 2009-0915, repealing the Ethics Policy and adopting an
amended Ethics Policy, a Code of Conduct and a Rules of Procedure for the Board of Directors of TCMUD
No. 1. (Budarf)
Body
The Board agreed to have Attorney Liston work on a Rules of Procedure for the MUD 1 Board and to address
this item upon its completion. Per Attorney Liston, she will provide the backup for the Rules of Procedure prior
to the meeting via e-mail.
TCMUD No. 1 92 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-127-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/21/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action to approve the Public Official Bonds for TCMUD 1 Board of
Directors, as required by Texas Water Code Section 49.055(c). (West)
Attachments:Director Bonds.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 93 of 172 15 September 2009
109-127-M1 Version:File #:
Title
Discuss and take appropriate action to approve the Public Official Bonds for TCMUD 1 Board of Directors, as
required by Texas Water Code Section 49.055(c). (West)
Body
The Board has Bonds (see attachment) in place for its Directors; however, Attorney West felt it would be
prudent for the Board to take action to approve the Bonds, as indicated by the Texas Water Code - Chapter 49 -
Subsection § 49.055 (c) Before beginning to perform the duties of office, each director shall execute a
bond for $10,000 payable to the district and conditioned on the faithful performance of that director's
duties. All bonds of the directors shall be approved by the board and paid for by the district.
TCMUD No. 1 94 of 172 15 September 2009
TCMUD No. 1 95 of 172 15 September 2009
TCMUD No. 1 96 of 172 15 September 2009
TCMUD No. 1 97 of 172 15 September 2009
TCMUD No. 1 98 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-99-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/6/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:8/5/2009
Title:Discuss and take appropriate action regarding agreement between TCMUD No. 1 and the Trophy
Club Country Club (TCCC) for the use of a part of TCCC's parking lot for housing of the temporary fire
department facilities during construction on the new fire station. (West)
Attachments:TCCC License Agreement-Temporary Fire Station.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 99 of 172 15 September 2009
109-99-M1 Version:File #:
Title
Discuss and take appropriate action regarding agreement between TCMUD No. 1 and the Trophy Club
Country Club (TCCC) for the use of a part of TCCC's parking lot for housing of the temporary fire department
facilities during construction on the new fire station. (West)
Body
The draft contract from TCCC is attached for the Board's review.
TCMUD No. 1 100 of 172 15 September 2009
TCMUD No. 1 101 of 172 15 September 2009
TCMUD No. 1 102 of 172 15 September 2009
TCMUD No. 1 103 of 172 15 September 2009
TCMUD No. 1 104 of 172 15 September 2009
TCMUD No. 1 105 of 172 15 September 2009
TCMUD No. 1 106 of 172 15 September 2009
TCMUD No. 1 107 of 172 15 September 2009
TCMUD No. 1 108 of 172 15 September 2009
TCMUD No. 1 109 of 172 15 September 2009
TCMUD No. 1 110 of 172 15 September 2009
TCMUD No. 1 111 of 172 15 September 2009
TCMUD No. 1 112 of 172 15 September 2009
TCMUD No. 1 113 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-105-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/15/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action concerning the Public Information Act as it relates to Open
Records Requests and establishing policy for the charging of fees for same. (Carr)
Attachments:2008 Public Information Handbook.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 114 of 172 15 September 2009
109-105-M1 Version:File #:
Title
Discuss and take appropriate action concerning the Public Information Act as it relates to Open Records
Requests and establishing policy for the charging of fees for same. (Carr)
Body
This agenda item was requested at the July 14th meeting. Attached is information from the Public Information
2008 Handbook regarding acceptable procedures for charging fees for Open Records Requests.
TCMUD No. 1 115 of 172 15 September 2009
2008 Public Information Handbook
Office of Attorney General
VII. COST OF COPIES AND ACCESS
A. General Cost Provisions
Subchapter F of the Public Information Act, sections 552.261 through 552.275, generally
provides for allowable charges for copies of and access to public information. All charges must
be calculated in accordance with the rules promulgated by the attorney general under section
552.262. The rules establish the charges, as well as methods of calculation for those charges. The
rules also provide that a local governmental body may, if needed to cover its costs, exceed the
costs established by the rules of the attorney general by up to 25 percent.187
In general, charges are allowed for copies of public information to recover the cost of materials,
labor, and overhead. However, if a request is for 50 or fewer copies of paper records, the
allowable charges are limited to the per page charge for each copy, unless the records to be
copied are located in (a) two or more separate buildings, or (b) a remote storage facility.188
Buildings connected by an open or covered sidewalk, or an underground or overhead
passageway are not considered “separate buildings.”189
The Act provides several exceptions to the general rule that charges for access or inspection of
records are not allowed. For information contained in paper records, the exceptions are based on
the volume or age of the records, combined with the time required to prepare the records for
inspection.190 For information contained in electronic records, the exceptions are based on the
location of the records, whether they are directly accessible to the public in their electronic
format, and the tasks that must be performed before providing access to the public information.191
B. Charges for Copies of Paper Records and Printouts of Electronic Records
As indicated by section 552.261(a), a governmental body is allowed to recover all costs related
to reproducing public information. A request for copies and/or printouts that results in more than
50 pages may also be assessed charges for labor, overhead (which is calculated as a percentage
on the labor total), and materials.192 When a request results in more than 50 pages, the location of
the records is irrelevant. Requests that require programming and/or manipulation of data may be
assessed charges for those tasks also, as well as computer time to process the request.193 The law
defines “programming” as “the process of producing a sequence of coded instructions that can be
executed by a computer.”194 “Manipulation of data” is defined as “the process of modifying,
reordering, or decoding of information with human intervention.”195 Finally, “processing” means
“the execution of a sequence of coded instructions by a computer producing a result.”196 The
amount allowed for computer processing depends on the type of computer used and the time
needed for the computer to process the request. The time is calculated in CPU minutes for
mainframe and midrange computers, and in clock hours for client servers and PC’s.
TCMUD No. 1 116 of 172 15 September 2009
Examples:
1. A governmental body receives a request for copies of the last 12 months’ worth of
travel expenditures for employees, including reimbursements and backup
documentation. The records are still in the building. The governmental body
determines that there are about 120 pages, and that it will take one and a half hours to
put the information together, redact social security numbers and credit card numbers
(the requestor has given her permission to do this), and make copies. The total
charges for this request would be:
Copies, 120 pages @ $.10/page $12.00
Labor, 1.5 hours @ $15.00/hour $22.50
Overhead, $22.50 x .20 $4.50
Total for copies & labor (paper records) $39.00
2. In addition to the above request, the requestor also sends a separate request for copies
of all the e-mails between two named employees and the public for the same 12-
month period. The requestor has agreed to the redaction of any e-mail addresses of
members of the public. The governmental body’s e-mail system allows them to
electronically redact the e-mail addresses, but this will require some programming.
The governmental body determines that there are 80 pages of e-mail responsive to
this request. The total charges for this request would be:
Printouts, 80 pages @ $.10/page $8.00
Labor, .25 hours to recover deleted e-mails, @ $15.00/hour $3.75
Labor, .50 hours to write program to redact, @ $28.50/hour $14.25
Overhead, $18.00 x .20 $3.60
Client Server, .50 hours to process program, @ $2.20/hour $1.10
Total for printouts & labor (electronic redaction/electronic records) $30.70
3. Rather than receiving the e-mails in paper form, the requestor wants to receive them
electronically on a CD. The total charges would be:
Labor, .25 hours to recover deleted e-mails, @ $15.00/hour $3.75
Labor, .50 hours to write program to redact, @ $28.50/hour $14.25
Labor, .25 hours to prepare to burn to CD, @ $15.00/hour $3.75
Overhead, $21.75 x .20 $4.35
Client Server, .50 hours to process program, @ $2.20/hour $1.10
PC, .25 hours to burn CD, @ $1.00/hour $0.25
Materials, 1 CD @ $1.00/each $1.00
Total for CD & labor (electronic redaction/electronic records) $28.45
TCMUD No. 1 117 of 172 15 September 2009
C. Charges for Inspection of Paper Records and Electronic Records
Charges for requests for inspection of paper records are regulated by section 552.271 and section
552.272 for electronic records. Section 552.271 allows charges for copies for any page that must
be copied so that confidential information may be redacted to enable the requestor to inspect the
information subject to release.197 No other charges are allowed unless198 (a) the records to be
inspected are older than five years, or (b) the records completely fill, or when assembled will
completely fill, six or more archival boxes, and (c) the governmental body estimates that it will
require more than five hours to prepare the records for inspection.199 If a governmental body has
fewer than 16 full-time employees, the criteria is reduced to (a) the records are older than three
years, or (b) the records fill, or when assembled will completely fill, three or more archival
boxes, and (c) the governmental body estimates that it will require more than two hours to
prepare the records for inspection.200 An “archival box” is a box that measures approximately
12.5" W x 15.5" L x 10" H.201 On average, such a box would contain 4,000 pages. Only records
responsive to the request may be counted towards the number of boxes. Preparing records that
fall under subsections 552.271(c) or (d) for inspection includes the time needed to locate and
compile the records, redact the confidential information, and make copies of pages that require
redaction. Overhead charges are not allowed on requests for inspection.202
Section 552.272 allows charges for labor when providing access to electronic information
requires programming and/or manipulation of data, regardless of whether or not the information
is available directly on-line to the requestor.203 Searching and/or printing electronic records is
neither programming nor manipulation of data. Overhead is not allowed on requests for
inspection.204
Examples:
1. The requestor states that she wants to inspect travel expenditure records for the past
year, and then will decide whether or not she wants copies. Of the 120 pages that are
responsive, 112 pages have information that must be redacted, with the requestor’s
permission, before the requestor may inspect the records. The total charges for this
request would be:
Redacted copies, 112 @ $.10/page $11.20
Labor & Overhead $0.00
Total for inspection, redacted copies $11.20
2. The requestor wants to inspect the same type of records for the past 10 years. Because
part of the records are older than five years, and it has been determined that it will
take more than five hours to prepare them for inspection, the requestor may be
assessed charges for the redacted copies and the time required to prepare the records
that are older than five years. Basing its calculations on the one year already produced
for inspection, the governmental body determines that the total charges for this
request would be:
TCMUD No. 1 118 of 172 15 September 2009
Redacted copies, 1,120 @ $.10/page $112.00
Labor, 1.5 hour x 5 years x $15.00/hour $112.50
Overhead $0.00
Total for inspection, redacted copies/record older than 5 years $224.50
3. The requestor also wants to inspect the e-mails, rather than getting copies. The
requestor has agreed to the redaction of any e-mail addresses of members of the
public. The governmental body’s e-mail system allows them to electronically redact
the e-mail addresses of members of the public, but this will require some
programming. The governmental body determines that there are 80 pages of e-mail
responsive to this request. The total charges for this request would be:
Labor, .25 hours to recover deleted e-mails, @ $15.00/hour $3.75
Labor, .50 hours to write program to redact, @ $28.50/hour $14.25
Total for inspection of electronically redacted records $18.00
D. Waivers or Reduction of Estimated Charges
If a governmental body determines that releasing the information requested is in the “public
interest” because it will primarily benefit the general public, the governmental body shall waive
or reduce thecharges.205 The determination of whether release of information is in the “public
interest” rests with the governmental body whose records are requested.206 Additionally, the law
allows a governmental body to waive charges if the cost of collecting the amount owed exceeds
the actual amount charged.207
E. Providing a Statement of Estimated Charges as Required by Law
If a governmental body estimates that charges will exceed $40.00, the governmental body is
required to provide the requestor with a written itemized statement of estimated charges before
any work is undertaken.208 Additionally, the statement must advise the requestor if there is a less
expensive way, if any, of viewing the records.209 The statement must also contain a notice that the
request will be considered automatically withdrawn if the requestor does not respond in writing
within ten business days of the date of the statement that the requestor: (a) accepts the charges
and agrees to pay them, (b) modifies the request in response to the estimate, or (c) has sent, or is
sending, a complaint regarding the charges to the attorney general.210 If the governmental body
has the ability to communicate with the general public by electronic mail and/or facsimile, the
statement must also advise the requestor that a response may be sent by either of those methods,
as well as by regular mail or in person.211
Governmental bodies are cautioned that an estimate statement lacking any of the required
elements is considered to be “deficient” because it does not comply with the law. Providing a
deficient estimate is considered by this office as not having provided one at all. The
consequences of providing a deficient estimate may result in (a) limiting the amount the
governmental body may recover through charges,212 and/or (b) preventing the governmental body
from considering the request withdrawn by operation of law.213
TCMUD No. 1 119 of 172 15 September 2009
If after receiving agreement from the requestor for the charges, but before completing the
request, the governmental body determines that the actual charges will exceed the agreed-upon
charges by more than 20 percent, the governmental body must provide the requestor an updated
statement of estimated charges.214 This updated statement has the same requirements as the initial
statement. If the governmental body fails to provide the updated statement of estimated charges,
charges for the entire request are limited to the initial agreed-upon estimate plus 20 percent. The
governmental body forfeits any additional charges.215 If the requestor does not respond to the
updated statement, the governmental body must provide the records that were prepared and are
covered by the initial statement of estimated charges. The requestor forfeits the rest of the
request.
If a request is estimated to exceed $100 ($50 if a governmental body has fewer than 16 full-time
employees), a governmental body that provides the statement of estimated charges with all its
required elements may also require that the requestor deposit a percentage of the total amount, or
prepay or provide a bond for the total amount.216 The choice of method of payment rests with the
governmental body. A governmental body that requires a deposit, bond, or prepayment may
consider the request withdrawn if payment is not received within ten business days of the date
the governmental body requested the deposit, bond, or prepayment.217 If the requestor makes
payment within the required time, the request is considered received on the date the payment is
made.218 Additionally, a governmental body is not required to comply with a new request if a
requestor owes more than $100.00 on unpaid charges for previous requests for which the
requestor was provided, and accepted, an appropriate statement of estimated charges.219 In such
cases, the governmental body may require the requestor to pay the unpaid amounts, as well as
pay in advance for the instant request before complying with that request. All unpaid charges
must be duly documented.220
In addition to the statement of estimated charges required when a request will exceed $40, a
governmental body is also required to provide a statement when it determines that (a) a request
will require programming and/or manipulation of data, and (b) complying with the request is not
feasible or will substantially interfere with the governmental body’s ongoing operation; or (c) the
request can only be fulfilled at a cost that covers the programming and/or manipulation of data.221
Governmental bodies are cautioned that a statement under section 552.231, unlike section
552.2615, is not contingent on the charges being over a certain amount. Rather, the statement is
mandated if the requisite conditions are present. The statement must include that the information
is not available in the form requested, in which form it is available, any contracts or services
needed to put the information in the form requested, the estimated charges calculated in
accordance with the rules promulgated by the attorney general, and the estimated time of
completion to provide the information in the form requested.222 On provision of the statement, the
governmental body is not required to provide the information in the form requested unless the
requestor states, in writing, that the requestor agrees with the estimated charges and time
parameters, or that the requestor will accept the information in the form that is currently
available.223 If the requestor fails to respond to the statement in writing within 30 days, the
request is considered withdrawn.224
TCMUD No. 1 120 of 172 15 September 2009
F. Cost Provisions Regarding Requests that Require a Large Amount of
Personnel Time
Section 552.275 was recently added to Subchapter F.225 This new section authorizes a
governmental body to establish a reasonable limit, not less than 36 hours in a 12-month period,
on the amount of time that personnel are required to spend producing public information for
inspection or copies to a requestor, without recovering the costs attributable to the personnel time
related to that requestor.226 If a governmental body chooses to establish a time limit under this
section, a requestor will be required to compensate the governmental body for the costs incurred
in satisfying subsequent requests once the time limit has been reached.227 A limit under this
section does not apply if the requestor is an elected official of the United States, the state of
Texas, or a political subdivision of the state of Texas; or a representative of (a) a radio or
television station that holds a license issued by the Federal Communications Commission; (b) a
newspaper that is qualified under section 2051.044 of the Government Code to publish legal
notices or is a free newspaper of general circulation and that is published at least once a week
and available and of interest to the general public in connection with the dissemination of news;
or (c) a publicly funded legal services organization that is exempt from federal income taxation
by being listed as a “501(c)(3) entity” under section 501(a) of the Internal Revenue Code of
1986, as amended.228
On establishing the time limit, a governmental body must make it clear to all requestors that the
limit applies to all requestors equally, except as provided by the exemptions of subsections (j),
(k), and (l). A governmental body that avails itself of section 552.275 must provide a requestor
with a statement detailing the time spent in complying with the instant request, and the
cumulative amount of time the requestor has accrued towards the established limit.229 A
governmental body may not charge for the time spent preparing the statement.230 If a requestor
meets or exceeds the established limit, the governmental body may assess charges for labor,
overhead, and material for all subsequent requests. The governmental body is required to provide
a written estimate within ten business days of receipt of the request, even if the estimated total
will not exceed $40.00. All charges assessed under section 552.275 must be in compliance with
the rules promulgated by the attorney general.
TCMUD No. 1 121 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-129-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/25/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action to nominate and appoint a TCMUD 1 Director to fill the vacancy
created by the resignation of Director Borges.
Attachments:
Action ByDate Action ResultVer.
TCMUD No. 1 122 of 172 15 September 2009
109-129-M1 Version:File #:
Title
Discuss and take appropriate action to nominate and appoint a TCMUD 1 Director to fill the vacancy created
by the resignation of Director Borges.
Body
[Enter body here.]
TCMUD No. 1 123 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-134-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:9/11/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Discuss and take appropriate action regarding nomination(s) for the Denton Central Appraisal District
(DCAD) Review Board.
Attachments:DCAD Nomination.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 124 of 172 15 September 2009
109-134-M1 Version:File #:
Title
Discuss and take appropriate action regarding nomination(s) for the Denton Central Appraisal District (DCAD)
Review Board.
Body
Please see attachment for additional information/explanation.
TCMUD No. 1 125 of 172 15 September 2009
TCMUD No. 1 126 of 172 15 September 2009
TCMUD No. 1 127 of 172 15 September 2009
TCMUD No. 1 128 of 172 15 September 2009
TCMUD No. 1 129 of 172 15 September 2009
TCMUD No. 1 130 of 172 15 September 2009
TCMUD No. 1 131 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-126-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:8/20/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:9/15/2009
Title:Review and Approve Minutes
a. February 20, 2009 - MUD 1 & MUD 2 Joint Session Minutes
b. August 4, 2009 - Budget Workshop Minutes
c. August 5, 2009 - Regular Session Minutes
d. August 20, 2009 - Special Session Minutes
Attachments:M1-M2 Special Joint Session Minutes 02-20-09.pdf
Minutes-8-4-9-BudgetWorkshop.pdf
Minutes-080509-Reg Sess.pdf
Minutes 082009-Special.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 132 of 172 15 September 2009
109-126-M1 Version:File #:
Title
Review and Approve Minutes
a. February 20, 2009 - MUD 1 & MUD 2 Joint Session Minutes
b. August 4, 2009 - Budget Workshop Minutes
c. August 5, 2009 - Regular Session Minutes
d. August 20, 2009 - Special Session Minutes
TCMUD No. 1 133 of 172 15 September 2009
MINUTES OF SPECIAL JOINT SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 and
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2
February 20, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties and the Board of Directors of Trophy Club Municipal Utility District No. 2 met in Special
Joint Session on Friday, February 20, 2009, at 12:00 p.m., 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
James C. 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
Bruce James Attorney
Danny Thomas Fire Chief
Betty Ann Henry 308 Oakmont Drive
Shirley Hase 209 Inverness Drive
Brandon Emmons Town Manager
Bill Rose Resident
SPECIAL JOINT SESSION
A.1 Call to Order and Announce a Quorum.
a. Municipal Utility District No. 1
President Henry announced a quorum and called the meeting to order at 12:33 p.m.
b. Municipal Utility District No. 2
President Budarf announced a quorum and called the meeting to order at 12:33 p.m.
A.2 Public Comments or Presentations
No public comments.
B.1 Discuss and take appropriate action concerning financing for the new fire station
and management of the fire department, including amendment of TROPHY CLUB
FIRE DEPARTMENT CONTRACT effective April 6, 1986, as previously amended by
TCMUD No. 1 134 of 172 15 September 2009
MUD 1 Minutes February 20, 2009 2
FIRST AMENDMENT TO TROPHY CLUB FIRE DEPARTMENT CONTRACT effective
September 3, 2003.
Attorney West advised he has information that he would like to discuss further in Closed
Session pursuant to previous instructions. Board agreed to discuss this item in Closed Session.
Action: Refer below.
B.2 Discuss and take appropriate action regarding report of Consolidation Task Force.
Director Hase advised that everyone should have received his report and letter regarding the
findings of the Consolidation Task Force. Mr. Hase had no additional comments or
recommendations.
Director White asked about posting the Consolidation Task Force Report to the website.
Town Manager Emmons stated that would be acceptable provided there is a disclaimer added
stating that the report has not yet been formally accepted by any of the governing entities.
TCMUD No. 2
MUD 2 Director Budarf moved to accept Consolidation Task Force Report as written/presented.
MUD 2 Director Borges seconded the motion. Floor opened for discussion. Director Carr asked
to include posting the report to the website. Director Carr asked Director Kohs if he agreed with
the numbers in the CTF Report. Director Kohs stated that there was a time when he struggled
with comprehending the formulas, agrees the math was correct, but he was not able to follow or
comprehend the system and the process of the formulas, stating it was pretty complex.
President Budarf called for the vote.
Motion carried unanimously.
TCMUD No. 1
MUD 1 Director White moved to accept the Consolidation Task Force Committee’s Report, as
written/presented. MUD 1 Director Cantrell seconded the motion.
Motion carried unanimously.
B.3 Discuss and take appropriate action regarding the May 9, 2009 consolidation
election, ballot, and proposition.
Attorney West requested to speak to Items B.3 and B.4 jointly, and the Board agreed.
Attorney West advised that we have had contact with the Secretary of State’s office, Election
Division, as well as Bond Counsel, who advise that as long as the voting can take place in a
way that is not confusing to the voters on the issues, then we can go forward. We are waiting to
hear from the Town to see if they have anything else they plan to add to the ballot. West’s
understanding is that the Town’s referendum, which has been discussed, has not yet been
called, and if it is called, it will take some modification to the Joint Election Agreement, because
the Secretary of State’s office is very concerned with having the referendum on the same piece
of paper or location, as they believe it will be confusing to the voters. The alternative is to
terminate the Joint Election Agreement, and hold the elections in separate locations for voting
for each MUD. Some discussion still needs to occur regarding whether the Town calls a
referendum for the Town to take MUD 2.
Director Kohs asked about MUDs withdrawing from the May election, forming an agreement
between the three entities, if the Town were to agree, and waiting until the November ballot.
TCMUD No. 1 135 of 172 15 September 2009
MUD 1 Minutes February 20, 2009 3
Attorney West advised that because there are certain requirements that need to be done for an
election, the deadline to reach an agreement would have to be done by March 9th, which is the
deadline to call for an election.
Director Borges stated that we have been working on this for five years. We could have moved
forward last year; however, we postponed moving forward for the McLain Study. Now the
numbers show that consolidation of the MUDs is better, and Borges believes the citizens are
smart enough to make the right decision.
Action – MUD 1: Tabled to March meeting.
Action – MUD 2: Tabled to March meeting.
B.4 Discuss and take appropriate action regarding the Joint Election Agreement
between Trophy Club Municipal Utility District No. 1, Trophy Club Municipal Utility
District No. 2, and the Town of Trophy Club for the May 9, 2009 election.
Discussion held under B.4.
Action – MUD 1: Tabled to March meeting.
Action – MUD 2: Tabled to March meeting.
B.5 Discuss and take appropriate action concerning results of court hearing in Cause
No. 2009-40021-362, Trophy Club Municipal Utility District No. 2 versus Town of
Trophy Club, Texas.
Attorney West summarized this morning’s hearing, advising that the judge ruled not to extend
the Temporary Restraining Order (TRO). The judge did not have enough time on his docket to
hear testimony and requested further documentation, and scheduled a hearing for Wednesday,
March 4 at 1:30 p.m. The issue will be back before the judge with all parties present and
prepared to make their case. Today was just an argument on the legal points. We can talk
about advice; however, that needs to be done in closed session, and deferred to Liston for
additional comments.
Attorney Liston advised that the Judge did not reach any argument on the merits of the case
today. An attorney whom we knew nothing of entered the suit this morning on behalf of the
Town, and brought briefs that we had not been provided copies of and brought an answer that
we had not been provided a copy of and served upon us. So the Court, by operation of law,
could not extend the TRO because of the Texas Rules of Civil Procedures, and was not inclined
to enter the Temporary Injunction based on not hearing any argument on the merit but the
answer contained pleas to the jurisdiction that must be addressed before any evidence on the
merit can be entertained. The issue is whether or not TCMUD 2 had standing and the other
issue is whether or not the case is “ripe” to be heard. The Judge wanted to clarify these issues
and make a ruling on these issues before he hears any arguments on the merits.
Attorney Liston clarified further that before anyone can file a lawsuit, they have to have
standing. The Town made the argument that the MUDs do not have standing and/or right. The
second issue is because the Town had not yet taken any action to abolish MUD2 that did not
constitute what’s call “ripeness” for the Court to hear the argument.
Attorney Liston advised that even though we had filed briefs on Wednesday and Thursday, the
MUD briefs had not yet made it from the clerk’s office to the Judge.
Director Budarf asked how the Judge was able to receive the Town’s brief.
TCMUD No. 1 136 of 172 15 September 2009
MUD 1 Minutes February 20, 2009 4
Attorney Liston advised that the Town attorney brought the briefs to Court that he filed with the
County Clerk at 9:30 a.m. that morning for the 9:00 a.m. hearing.
Director White advised that the TRO expires on Monday, February 23. She spoke with Mayor
Sanders, who explained that the Town is planning to send out an email to council explaining
what has occurred, and recommending they place an item on the next agenda (March 2nd) to
vote on an ordinance, which will be a restrictive ordinance, that is dependent on an election.
Council will vote to put it on the ballot to pass with a referendum vote.
Director Hase asked if the Town proceeds as Director White stated from the Mayor, does that
mean that MUD 2 exists as MUD 2 through the election date.
Attorney Liston explained that if passed with the required two-thirds it will make it effective the
day of election, however, it depends on how the ordinance is worded. Council’s plan is to have
it ready to become effective the day of canvassing.
Action: None
MUNICIPAL UTILITY DISTRICTS 1 AND 2 TO CONVENE INTO CLOSED SESSION
CLOSED SESSION
MUD Boards convened into Closed Session at 1:08 p.m.
E.1 PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE
REGARDING CONSULTATIONS WITH ATTORNEY:
a. TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICTS’
ATTORNEYS ON A MATTER OF PENDING AND ACTIVE LITIGATION
AND/OR A SETTLEMENT OFFER REGARDING SAME: Temporary
Restraining Order and Temporary and Permanent Injunction
Proceedings pending in Denton County in Cause No. 2009-40021-362
against the Town of Trophy Club, Texas.
b. TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICTS’
ATTORNEYS ON A MATTER IN WHICH THE DUTIES OF THE
ATTORNEYS TO THE GOVERNMENTAL BODIES UNDER THE TEXAS
DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE
BAR OF TEXAS CLEARLY CONFLICTS WITH THE OPEN MEETINGS
ACT: Financing for the new fire station and management of the fire
department, including amendment of TROPHY CLUB FIRE
DEPARTMENT CONTRACT effective April 6, 1986, as previously
amended by FIRST AMENDMENT TO TROPHY CLUB FIRE
DEPARTMENT CONTRACT effective September 3, 2003.
MUNICIPAL UTILITY DISTRICTS 1 AND 2 TO
RECONVENE INTO OPEN/SPECIAL JOINT SESSION
MUD Boards reconvened into Open/Special Joint Session at 3:21 p.m.
*SPECIAL JOINT SESSION
F.1 Discuss and take appropriate action regarding discussions held in Closed
Session.
TCMUD No. 1 137 of 172 15 September 2009
MUD 1 Minutes February 20, 2009 5
a. Financing for the new fire station and management of the fire
department, including amendment of TROPHY CLUB FIRE
DEPARTMENT CONTRACT effective April 6, 1986, as previously
amended by FIRST AMENDMENT TO TROPHY CLUB FIRE
DEPARTMENT CONTRACT effective September 3, 2003.
Attorney West provided a brief history regarding the Trophy Club Fire Department Contract.
West prepared a document to present to the Board to deliberate and vote that will clean up the
language of the Fire Department Contract as previously amended to refer to the proper current
contracts, dates and to also to add in the same concept in this contract that is in the 2008
Master District contract. If one of the MUDs ceases to exist for whatever reason, then the
remaining MUD will continue as the administrator and facilitator just as it does in the 2008
Master District Contract, until such time as a new contract is created. Now that language is
here, regarding funding of the new fire station,
TCMUD No. 1
MUD 1 Director Twomey moved to approve the First Amendment to the Trophy Club Fire
Department Contract, as presented, with the additional direction that the appropriate offices of
MUD 1 execute the necessary promissory notes for the funding referenced in Paragraph 5
under the authority referenced in Paragraph 7. MUD 1 Director White seconded the motion,
adding for the purpose of maintaining the integrity of the operation of the Fire Department in the
event of any new transition and to ensure the Fire Department is built as planned. Mover
agreed with Seconder’s additional comments. Floor opened for discussion. Motion carried
unanimously.
TCMUD No. 2
MUD 2 Director Thomas moved to approve the First Amendment to the Trophy Club Fire
Department Contract, as presented, with the additional direction that the appropriate offices of
MUD 1 execute the necessary promissory notes for the funding referenced in Paragraph 5
under the authority referenced in Paragraph 7, for the purpose of maintaining the integrity of the
operation of the Fire Department in the event of any new transition and to ensure the Fire
Department is built as planned. MUD 2 Director Budarf seconded the motion. Motion carried
unanimously.
b. Temporary Restraining Order and Temporary and Permanent Injunction
Proceedings pending in Denton County in Cause No. 2009-40021-362
against the Town of Trophy Club, Texas.
MUD 1 Action: None
MUD 2 Action: None
President Henry asked for a Motion to revisit Agenda Item B.2
MUD 1 Motion: Director Cantrell moved to revisit/reconsider Agenda Item B.2. Director Hase
seconded the motion. MUD 1 Motion carried Unanimously
MUD 2 Motion: Director Carr moved to revisit Agenda Item B.2. Director Budarf seconded the
motion. MUD 2 motion carried unanimously
B.2 Discuss and take appropriate action regarding report of Consolidation Task Force.
MUD 2 Motion: Director Thomas moved that we take action authorizing the expense to be able
to utilize funds for the publication of facts to the community from an educational standpoint and
to utilize resources other than the website for publishing as much as we can to as many
TCMUD No. 1 138 of 172 15 September 2009
MUD 1 Minutes February 20, 2009 6
individuals as we can regarding the pertinent facts. Director Borges seconded the motion.
MUD 2 motion carried unanimously
Director Cantrell stated that he concurred with Director Thomas’ motion
MUD 1 Motion: Director Cantrell moved that we follow-through with the signing and sharing
cost 50/50 to provide an educational piece from the Consolidation Task Force Committee as
well as other pertinent information. Director White seconded the motion.
MUD 1 Motion carried unanimously
F.1 Adjourn.
Meeting adjourned at 3:33 p.m.
_________________________________
Dean Henry, MUD 1 President
(SEAL)
_________________________________
Constance S. White, MUD 1 Secretary
_________________________________
Jim Budarf, MUD 2 President
(SEAL)
_________________________________
Carol Ann Borges, MUD 2 Secretary
______________________________________
Mary Moore, MUD Secretary
TCMUD No. 1 139 of 172 15 September 2009
MINUTES OF WORSHOP SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
August 4, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Workshop Session on Tuesday, August 4, 2009, in the Boardroom of the
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
DIRECTORS PRESENT:
Jim Budarf Joint President
Jim Hase Joint Secretary/Treasurer
Jim Thomas Joint Secretary/Treasurer
Carol Borges Director
Neil Twomey Director
Steven Kohs Director
DIRECTORS ABSENT:
Dean Henry Joint President
Gary Cantrell Joint Vice President
Kevin Carr Joint Vice President
Bob Fair Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
Kathy DuBose Finance Director
Jim Buxton Financial Analyst
Danny Thomas Fire Chief
Brandon Emmons Town Manager
Bill Rose Town Councilmember - 219 Inverness Drive
Greg Lamont 15 Avalon Drive
WORKSHOP SESSION
Call to Order and Announce a Quorum.
President Budarf announced a quorum and called the meeting to order at 3:04 p.m.
1. Review and discuss the proposed Budget for Fiscal Year 2009-2010 for TCMUD No. 1.
Director Twomey distributed a handout for the Board’s review, stating that the first sheet is a
break-even budget, with no extra money going to reserves. We don’t have anything going for O
& M taxes. We do have fire taxes going for the MUD. We anticipate a fire tax rate of $.1099,
based on appraised valuation. Debt Service tax rate would be .09758 which gives a break-even
proposed tax rate of $0.20748.
Director Hase would like to see the Board carry an I & S surplus through 9-10 and 10-11 to
cover the out years where we are projected a need to have an increased tax rate.
Director Hase recommended putting the $308,000 rent payment toward debt service. Both the
Board and Finance Director agreed.
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TCMUD No. 1 Regular Session Minutes – July 14th, 2009 2
Finance Director DuBose stated that by moving the $308,000 over to debt service, the loss on
O&M is $413,500, which is an approximate deduction of 9% and the estimated combined tax
rate would be $0.2008.
District Manager Scott explained the water and wastewater portion of the budget, as well as his
budget cuts and reductions.
Adjourn.
Meeting adjourned at 5:42 p.m.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ ______________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE (Seal)
MUD Secretary
TCMUD No. 1 141 of 172 15 September 2009
MINUTES OF REGULAR SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
August 5, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Regular Session on Wednesday, August 5, 2009, in the Boardroom of the
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
DIRECTORS PRESENT:
Dean Henry Joint President
Jim Budarf Joint President
Jim Hase Joint Secretary/Treasurer
Jim Thomas Joint Secretary/Treasurer
Carol Borges Director
Neil Twomey Director
Steven Kohs Director
DIRECTORS ABSENT:
Gary Cantrell Joint Vice President
Kevin Carr Joint Vice President
Bob Fair Director (elected but not yet sworn in)
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
Bob West MUD 1 Attorney
Kathy DuBose Finance Director
Jim Buxton Financial Analyst
Brandon Emmons Town Manager
Danny Thomas Fire Chief
Kathleen Wilson Town Councilmember
Bob Radder 1 Lee Court
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 6:00 p.m.
1. Administer the Oath of Office
a. Bob Fair
Director Fair was unable to attend the meeting due to being ill.
2. Receive District Manager's Report
a. Clarification on Water and Wastewater Issues
b. Monthly Revenue for Wastewater Treatment Plant
c. Update on Fort Worth Meter Vault
d. Update on Fort Worth Water meeting and new contract
e. Update on Water Plant Booster Pump (formerly VFD)
f. Water pumped vs. billed (To be distributed at meeting)
g. PID payment received
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TCMUD No. 1 Regular Session Minutes – August 5th, 2009 2
District Manager Scott thanked Mr. Bob Radder for coming out and taking a complete scan and
thermal images of all MUD’s running equipment, including electrical panels.
District Manager Scott asked Director Kohs if he had any questions or comments regarding
water or wastewater, advising that his door is always open.
Director Kohs thanked District Manager Scott for performing a lab test on our wells, adding he
had nothing further to address with regard to water or wastewater.
Citizen Presentation - 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.
Mr. Bob Radder addressed the Board, and provided an imaging report to District Manager Scott,
advising that he took thermal images at the Water Plant and at the Wastewater Treatment Plant,
adding there were only a few anomalies which were easily remedied.
3. Review and discuss the 2009-2010 FY budget for TCMUD No. 1 (Consolidated).
(Twomey)
The Board discussed the MUD Budget for FY 2009-2010.
Director Twomey advised that we are currently considering a $.201 tax rate, which is a break-
even tax rate.
Finance Director DuBose distributed a handout to the Board, presenting two scenarios and
discussed same. The Fire Department (Fire) and Utility Operations and Maintenance (O & M)
are the same on both scenarios, with an associated tax rate of 10.9911 cents for fire. In the first
scenario, there are three variables that could be dealt in two ways; the debt on the variable
speed pump (approximately $40,000), the debt on membrane filters (approximately $120,000),
and you could issue debt or borrow money for the pump and generator (approximately
$103,000) that the MUDs are looking at buying this budget year. The first scenario has those
three items funded in debt service (the Interest and Sinking Fund), which would be paid with
taxes. This scenario means utility rate revenues would go up by 8.35%, which includes with the
Ft Worth increase in their water rate of 7%, for a total of 8.35%. On the second page of the first
scenario, looking at with the combination of debt service and Fire, the total tax rate would
equate to $.20327 cents.
Director Budarf asked if these numbers include the pass through of Ft Worth’s rate increase,
and if that was incorporated in this scenario? DuBose advised that it is.
Finance Director DuBose stated that in the second scenario, rather than paying the annual
payments for the above three items through debt service, if we paid for them as Utility O & M
expenses, funded by utility rates, you are looking at 14% utility rate increase and the tax rate
would be about $.18 cents.
Director Twomey suggested putting together a matrix showing various scenarios, stating that
the public-issued debt has typically been paid from the Interest and Sinking (I&S) fund. Finance
Director DuBose explained that the bank-qualified borrowings are considered certificate of
obligation bonds has turned our debt into a bond, which may be payable by taxes from the I & S
fund. The interest payment on the bond once it is sold is not yet included in the current
scenarios. Our plan is that TCEQ approves the bond, 90 days later we go through all the steps
necessary to sell the bond. We could have a payment by next October 2010 for this $2 million
dollar bond. Twomey asked the Board if they want to build the bond payment into the budget or
do we want to capitalize it and pay it out of our reserves.
TCMUD No. 1 143 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – August 5th, 2009 3
President Henry suggested going with the first scenario and bumping up the tax rate one cent.
Director Hase requested Finance Director DuBose provide an explanation of how the money we
borrowed through the bank and then the bank turns that debt into a bond.
Finance Director DuBose clarified that the MUDs purchased a variable speed pump. We issued
contractual obligations in 2004 for $270,000, and that was an eight-year debt, and we have
three years left on the note. Previously this payment was in Master District Finance (I&S) and
paid with utility rate and now it has been moved over to Operations - Water O&M.
Director Hase recommends adopting $.21 cents at this first initial go-round.
Director Twomey requested a matrix from Finance Director DuBose, so the Board could see the
breakout of the different scenarios.
Finance Director DuBose advised we are looking at debt on three items; $40,000 for the
variable speed pump, $120,000 is for the membrane filters, the last is $103,000 for the
generator/pump.
Director Hase suggested we don’t want to go any higher than $0.215, and our target should be
no higher than $0.215.
Finance Director DuBose advised that a $0.215 tax rate would cause the water utility rate to rise
2.5%.
Director Hase suggested going with an 8.35% increase in the utility rates and a target of $0.213
for the tax rate.
President Henry asked for a consensus from the Board regarding Director Hase’s suggestion.
Director Kohs stated he was fine with Director Hase’s recommendation.
Director Twomey stated he would like an absolute maximum tax of $0.215.
Director Borges stated that $0.215 makes more sense.
Director Budarf stated to set a cap of $0.215; however, he prefers $0.213.
President Henry agrees with a tax rate cap of $0.215.
Directors Hase and Thomas agree with tax rate cap of $0.215.
Action: Discussion only.
4. Review and Approve Disbursements & Variance Report
a. June 2009 - MUD 1
b. June 2009 - MUD 2
c. June 2009 - Master District
Director Hase moved to approve the MUD 1, MUD 2 and the Master District disbursements and
variance report for June 2009. Director Twomey seconded the motion.
Motion carried unanimously.
5. Present and discuss 2009 Certified Appraisal Records and Rollback Tax Rate
Calculation.
Finance Director DuBose advised that the overall appraised value went up substantially. The
rollback rate could not be calculated until the Board decided on the debt amount. DuBose will
send the debt information to DCAD tomorrow. The combined value went up 3.5% for MUD 1
and went up 4.2% for MUD 2.
TCMUD No. 1 144 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – August 5th, 2009 4
Action: Discussion only.
6. Discuss and take appropriate action to announce the placement of a proposal to
adopt a 2009 Tax Rate on the September 15, 2009 Trophy Club Municipal Utility
District No. 1 public meeting agenda as an action item, and announce a Public
Hearing on same date regarding the adoption of the Fiscal Year 2009-2010 MUD 1
Budget.
Director Twomey moved to announce the placement of a proposal to adopt a 2009 Tax Rate on
the September 15, 2009 TCMUD No. 1 agenda as an action item, and announce a Public
Hearing on the same date regarding adoption of the FY 09-10 TCMUD No. 1 Budget with a tax
rate of $0.2150. Director Budarf seconded the motion. Floor opened up for discussion.
Director Kohs asked about possibility of including a tax rate to enable MUDs to take over EMS.
Town Manager Emmons addressed the Board, stating there is way too much due diligence that
needs to be done prior to any change in the hands of EMS.
Motion carried unanimously.
7. Discuss and take appropriate action regarding request to establish pooled cash
accounts between the Town and TCMUD1 at First Financial Bank and Texpool.
(Budarf)
Director Budarf stated that the Town has approved the process of pooling cash and now it is
necessary for the MUD Board to review and offer either their approval or denial for pooling MUD
funds with Town funds.
Finance Director DuBose stated that the current system takes a large amount of staff time to
move money around and between accounts. By pooling cash, it would allow Finance to work
smarter not harder, especially with the day-to-day operations. The controls are what are
required to make a payment against an account. DuBose stated there is no hurry, and
understands the Board’s concerns.
Director Twomey has no problem with one MUD account at TexPool and one MUD account at
First Financial, and has concerns with pooling the MUD money with the Town money.
Finance Director DuBose advised that on an invoice that is split between Town and MUD,
Finance has to write two checks for the one invoice.
Attorney West advised that payroll is different from invoices, as the employees are considered
Town employees and this is a contractual agreement. Under our bond conveyances, aren’t
there covenants requiring those funds will be segregated. At this point, West is agreeing with
Twomey.
Action: Discussion only.
8. Receive Finance Director's Update
a. Monthly Update
b. Consolidation of MUD Financial Accounts
Finance Director DuBose advised that as of August 1st all of the accounts have been
consolidated. STW is still working on some of Utility Billing’s accounts. DuBose advised that
everything will be booked to the appropriate account.
Action: Discussion only
TCMUD No. 1 145 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – August 5th, 2009 5
9. Receive Update from Fire Chief Thomas
a. To provide Board with a monthly activity report and address the Board's questions.
b. To provide update regarding the New Fire Station.
Fire Chief Thomas updated the Board, advising that Firefighter Campbell is back to work.
10. Discussion regarding Building America Bonds (BABs). (Twomey)
Director Twomey updated the Board regarding BABs, advising that these are taxable bonds.
The government will subsidize the interest rate by subsidizing 35%. The positive is that muni
bonds are now at 4.7% to 5%. The problem is that TCEQ would have to approve the BABs
program bond application. We would have to re-apply to TCEQ, if we wanted to use a BABs
Fire Station Bond. TCEQ has never done a BABs issue. Congress has to budget the money
for this program every year, so you are at the mercy of the Congress. You have to apply every
45 days before a bond interest payment was due for the interest subsidy. Because of the BABs
program, there has been an 18% drop in muni bonds issues, which drives down the price for
municipal bonds. This is a very new bond, and warrants observing prior to investment. The
clientele more inclined to purchase these types of bonds (BABs) are banks, and are for much
larger amounts - $50-60 million. Also, the BABs bonds are private placement issues versus the
public placement of tax exempt municipal bonds.
Director Twomey advised that he will continue to research and will keep the Board apprised.
Action: Discussion only.
11. Discuss and take appropriate action concerning the 2009 Interlocal Agreement
with Denton County Tax Office for Property Tax Collection.
Director Budarf moved to approve a resolution to approve the 2009 Interlocal Agreement with
Denton County Tax Office for Property Tax Collection. Director Twomey seconded the motion.
Motion carried unanimously.
12. Review and discuss contract with Town of Trophy Club for use of Administration
Building.
Director Budarf advised at last night’s meeting that a request has been made of the Town to pay
for half of the insurance on the Admin Building.
Action: Tabled to September 15th meeting.
13. Discuss and take appropriate action to establish a new tax collection policy for
TCMUD No. 1. (Budarf)
Director Budarf advised that due to MUD 2’s excellent tax collection history, Budarf
recommends utilizing MUD 2’s firm for tax collection.
Director Budarf moved to continue utilizing MUD 2’s firm for tax collection. Director Thomas
seconded the motion. Floor opened for discussion. Attorney West provided the Board with a
history of MUD 1’s tax collection policy. Town Manager Emmons advised that they use
McCreary. Motion failed 3-4-0 with Directors Borges, Thomas and Budarf voting for and
Directors Kohs, Twomey, Hase and Henry voting against.
14. Discuss and take appropriate action regarding a resolution approving the finance
contract for the Membrane Filters for the Trophy Club Wastewater Treatment
Plant.
The Bank is requesting the Board approve by resolution the finance contract for the Membrane
Filters for the Wastewater Treatment Plant. Staff recommends approval.
TCMUD No. 1 146 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – August 5th, 2009 6
Director Budarf moved to approve Resolution 2008-0805, to approve the contract for the
Membrane Filters for the Wastewater Treatment Plant. Director Borges seconded the motion.
Motion carried unanimously.
15. Discuss and take appropriate action regarding agreement between TCMUD No. 1
and the Trophy Club Country Club (TCCC) for the use of a part of TCCC's parking
lot for housing of the temporary fire department facilities during construction on
the new fire station. (West)
Contract is not ready for approval at this time. TCCC has submitted a 12-page document that
staff is still reviewing and researching.
Action: Discussion only.
16. Discuss and take appropriate action regarding the consolidation of Trophy Club
MUD 1 and Trophy Club MUD 2.
a. Shared Employees
b. Order 2000-0805, confirming termination of Master District Contract
c. Order 2009-0805-A, confirming termination of Fire Services Contract
d. 1st Amendment Interlocal Agreement for Fire Protection Services - Town of Trophy
Club
e. Second Modification of Contract for Water Supply and Wastewater Treatment,
Between Town of Trophy Club, Texas, and Trophy Club Municipal Utility District No. 1.
f. First Modification of Contract for Water and Wastewater Operational Services
Director Hase advised that we are in fact-gathering mode and are not ready to provide a report
to the Board with regard to Shared Employees. We have asked the Town Manager Emmons to
have the shared employees provide a breakdown of their tasks by September 1st. Town
Manager Emmons has asked for some time due to being in the middle of budget.
A. Discussion only; no action.
B. Director Budarf moved to approve Order 2000-0805, confirming termination of the
Master District Contract. Director Borges seconded the motion.
Motion carried unanimously.
C. Director Borges moved to approve Order 2009-0805-A, confirming termination of the
Fire Department Contract. Director Kohs seconded the motion.
Motion carried unanimously.
D. Director Budarf moved to approve the 1st Amendment to the Interlocal Agreement for
Fire Protection Services with the Town of Trophy Club. Director Twomey seconded the
motion. Motion carried unanimously.
E. Director Budarf moved to approve the Second Modification of Contract for Water Supply
and Wastewater Treatment, between Town of Trophy Club, Texas, and Trophy Club
Municipal Utility District No. 1. Director Thomas seconded the motion.
Motion carried unanimously.
F. Director Budarf moved to approve the First Modification of Contract for Water and
Wastewater Operational Services. Director Borges seconded the motion.
Motion carried unanimously.
17. Discuss and take appropriate action concerning Resolution 2009-0805-A, adopting
the TCMUD No. 1 Identity Theft Program. (Moore)
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TCMUD No. 1 Regular Session Minutes – August 5th, 2009 7
MUD Secretary Moore advised that the Red Flags Rule is an anti-fraud regulation, in effect
since January 1, 2008, requiring creditors with covered accounts to implement a written Identity
Theft Prevention Program. Under the Rule, the definition of “creditor” includes businesses or
organizations that regularly provide goods or services first and allow customers to pay later.
Utility companies fall within this definition. The Federal Trade Commission announced a delay
until November 1 in their enforcement of the Red Flag rules.
Director Twomey moved to approved Resolution 2009-0805-A, to adopt the TCMUD No. 1
Identity Theft Program. Director Budarf seconded the motion.
Motion carried unanimously.
18. Review and Approve Minutes
a. February 20, 2009 - MUD 1 - MUD 2 Joint Session Minutes
b. July 14, 2009 - TCMUD No. 1 Meeting Minutes
MUD Secretary Moore requested to table the February 20, 2009, minutes to the September
meeting.
Director Borges moved to approve the July 14, 2009 TCMUD 1 minutes, as written. Director
Thomas seconded the motion. Floor opened for discussion.
Motion carried unanimously.
19. Review Monthly Tax Collection Report
a. July 2009 - MUD 1 and MUD 2
Board reviewed the report.
Action: Discussion only.
20. Set Next Meeting Date
a. Tuesday, September 15, 2009, 6:00 p.m.
Board agreed to meet on Tuesday, September 15, 2009, 6:00 p.m.
21. Items for Future Agendas
a. Update on MUD 1's water contract with Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Rate Order modification and possibility of Water Study (Twomey)
d. Disaster Planning
e. 2003 Fair and Credit Transaction Act
f. Review of MUD's Debt versus Expenses
g. Repeal Ethics Policy and adopt an amended Ethics Policy, a Code of Conduct and a
Rules of Procedure.
h. Assign a position number to each director’s office, in accordance with Section
49.103(c) of the Texas Water Code.
i. Create a TCMUD No. 1 website.
j. Public Information Act as it relates to Open Records Requests and establishing
policy for charging of fees for same.
Board asked to add an agenda item for November or December to begin discussions with Town
of Trophy Club for transfer of EMS to the MUDs. Additionally, the Board requested removal of
Item E – 2003 Fair and Credit Transaction Act.
TCMUD No. 1 148 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – August 5th, 2009 8
Adjourn.
Meeting adjourned at 8:28 p.m.
___________________________ _____________________________
DEAN HENRY, Joint President JIM BUDARF, Joint President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ ______________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE (Seal)
MUD Secretary
TCMUD No. 1 149 of 172 15 September 2009
MINUTES OF SPECIAL SESSION
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
August 20, 2009
The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant
Counties met in Special Session on Thursday, August 20, 2009, in the Boardroom of the
Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262.
DIRECTORS PRESENT:
Dean Henry Joint President
Jim Hase Joint Secretary/Treasurer
Jim Thomas Joint Secretary/Treasurer Arrived at 3:10 p.m.
Kevin Carr Joint Vice President
Bob Fair Director
Steven Kohs Director
DIRECTORS ABSENT:
Jim Budarf Joint President
Neil Twomey Director
Gary Cantrell Joint Vice President
Carol Borges Director
STAFF AND GUESTS PRESENT:
Robert Scott District Manager
Mary Moore MUD Secretary
Kathy DuBose Finance Director
Jim Buxton Financial Analyst
Danny Thomas Fire Chief
Larry Crosser 17 Overhill Drive
Greg Lamont 15 Avalon Drive
SPECIAL SESSION
President Henry announced that Director Thomas was running late and requested the Board
move forward to Agenda Item No. 1.
1. Administer the Oath of Office
a. Bob Fair
MUD Secretary Moore administered the Oath of Office to Bob Fair, and Director Fair signed the
Oath of Office.
Call to Order and Announce a Quorum.
President Henry announced a quorum and called the meeting to order at 3:10 p.m.
2. Discuss and take appropriate action regarding the placement of a proposal to adopt a
2009 Tax Rate on the September 15, 2009 Trophy Club Municipal Utility District No. 1
public meeting agenda as an action item, and announce a Public Hearing on same
date regarding the adoption of the 2009 Tax Rate and adoption of the Fiscal Year
2009-2010 MUD 1 Budget.
Finance Director DuBose explained that she needed the component for the Interest and Sinking
Debt portion of the tax rate and the fire tax rate for publication of the Public Hearing Notice.
TCMUD No. 1 150 of 172 15 September 2009
TCMUD No. 1 Regular Session Minutes – July 14th, 2009 2
President Henry proposed a maximum tax rate of $0.215 per $100 valuation. Director Carr
seconded the motion, and requested to amend the motion for a fire department tax of $0.11270
and an I and S tax rate of $0.06873. Mover agreed with seconder’s amendment. Floor opened
for discussion. Motion carried unanimously.
3. Discuss and take appropriate action to approve a funding contract with American
National Bank for the purchase of a High Service Pump, a Generator, and Switchgear
over a three-year period at tax exempt rate of 3.90%.
District Manager Scott advised the Board has approved the above items, all of which are in next
year’s Budget. Scott is requesting the Board’s approval to move forward on the contract with
American National Bank.
Director Carr moved to approve the funding contract with American National Bank for the
purchase of a High Service Pump, a Generator, and Switchgear over a three-year period with a
tax exempt rate of 3.90%. Director Thomas seconded the motion.
Motion carried unanimously.
Adjourn.
Meeting adjourned at 3:23 p.m.
___________________________ _____________________________
DEAN HENRY, Joint President KEVIN CARR, Joint Vice President
TCMUD No. 1 TCMUD No. 1
ATTEST:
____________________________ ______________________________
JIM HASE, Joint Secretary JAMES C. THOMAS, Joint Secretary
TCMUD No. 1 TCMUD No. 1
____________________________
MARY MOORE (Seal)
MUD Secretary
TCMUD No. 1 151 of 172 15 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-69-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:4/29/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:7/14/2009
Title:Review Monthly Tax Collection Report
a. August 2009 - MUD 1 and MUD 2
Attachments:August Tax Collection Report.pdf
Action ByDate Action ResultVer.
TCMUD No. 1 152 of 172 15 September 2009
109-69-M1 Version:File #:
Title
Review Monthly Tax Collection Report
a. August 2009 - MUD 1 and MUD 2
TCMUD No. 1 153 of 172 15 September 2009
TCMUD No. 1154 of 17215 September 2009
TCMUD No. 1155 of 17215 September 2009
TCMUD No. 1156 of 17215 September 2009
TCMUD No. 1157 of 17215 September 2009
TCMUD No. 1158 of 17215 September 2009
TCMUD No. 1159 of 17215 September 2009
TCMUD No. 1160 of 17215 September 2009
TCMUD No. 1161 of 17215 September 2009
TCMUD No. 1162 of 17215 September 2009
TCMUD No. 1163 of 17215 September 2009
TCMUD No. 1164 of 17215 September 2009
TCMUD No. 1165 of 17215 September 2009
TCMUD No. 1166 of 17215 September 2009
TCMUD No. 1167 of 17215 September 2009
TCMUD No. 1168 of 17215 September 2009
TCMUD No. 1169 of 17215 September 2009
TCMUD No. 1170 of 17215 September 2009
100 Municipal Drive
Trophy Club, TX 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:109-103-M1 Name:
Status:Type:M1 Agenda Item Regular Session
File created:In control:7/9/2009 Trophy Club Municipal Utility District No. 1
On agenda:Final action:8/5/2009
Title:Items for Future Agendas
a. Update on MUD 1's water contract with Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Rate Order modification and possible Water Study (Twomey)
d. Disaster Planning
e. Review of MUD's Debt versus Expenses
f. Transfer of EMS to the MUDs (November/December 2009)
g. Have TNP update Legal Description (09-131-M1) (October 2009)
h. Place Numbers for Directors at May 2010 election (09-100-M1)
i. Creation of TCMUD1 webstie (09-115-M1)
j. Drill for a new Trinity Well (09-124-M1)
Attachments:
Action ByDate Action ResultVer.
TCMUD No. 1 171 of 172 15 September 2009
109-103-M1 Version:File #:
Title
Items for Future Agendas
a. Update on MUD 1's water contract with Fort Worth
b. Funding of Future Capital Projects; i.e., 2 MG Storage Tank
c. Rate Order modification and possible Water Study (Twomey)
d. Disaster Planning
e. Review of MUD's Debt versus Expenses
f. Transfer of EMS to the MUDs (November/December 2009)
g. Have TNP update Legal Description (09-131-M1) (October 2009)
h. Place Numbers for Directors at May 2010 election (09-100-M1)
i. Creation of TCMUD1 webstie (09-115-M1)
j. Drill for a new Trinity Well (09-124-M1)
TCMUD No. 1 172 of 172 15 September 2009