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HomeMy WebLinkAboutDecember 14, 2010 Regular Session Agenda PacketTrophy Club Municipal Utility District No. 1 Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMTuesday, December 14, 2010 Call to order and announce a quorum. 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. REGULAR SESSION Reports & Updates 1.2010-153-M1 Receive Cost Analysis Presentation for Trinity Well No. 2. (Twomey) 2.2010-151-M1 Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Water Report c. Texas Municipal Utilities Association Conference - January 19-21, 2011-Fort Worth d. Update on Water Plant Booster Pump (formerly VFD) e. Reminder: AWBD Conference: February 4-5, 2011 f. Biomonitoring at Wastewater Treatment Plant g. Update on recent Association of Water Board Directors' meeting h. Update - Constellation Energy contract Water Pumped Vs Billed-Nov 2010.pdf 4th Qtr DLR Report.pdf TMUA Our Texas Water.pdf Revised Constellation Energy Contract.pdf Attachments: 3.Receive Finance Update a. To provide Board with a monthly update and address the Board's questions. 4.Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. b. Update on construction of new Fire Station November 2010 Fire Report.pdf FINISH SCHEDULE-Fire Station-as of12-1-10.pdf Attachments: 5.Receive Town Council Update December 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda a. Councilmember Rose to provide the Board with an update of Council meetings, notices and relevant business. 6.Update from Counsel regarding the possibility of MUD 1 sponsorship of a Town-owned Park. Action Items: 7.2010-150-M1 Receive Update regarding Water Conservation Symposium; discuss and take action regarding Water Conservation Plan. a. AWBD - Association of Water Board Directors' - Water Smart Program. (President Thomas) Water Smart Info.pdf TAC Water Conservation Plan.pdf Water Conservation Plan Guidance CheckList.pdf Attachments: 8.2010-146-M1 Review and Approve Financial Statements & Variance Report a. October 2010 October 2010 Monthly Financial Statements.pdf October 2010 Monthly Financial Statements-2.pdf Attachments: 9.2010-141-M1 Discuss and take appropriate action regarding First Financial Bank Resolution, amending Authorized Representatives on signature accounts. First Financial Resolution.pdfAttachments: 10.2010-148-M1 Discuss and take action to accept or reject bids received for the Screen Rake Installation at the Wastewater Treatment Plant. (Scott) Bid Recommendation-Screen Rake.pdf Final Bid Tab-Screen Rake.pdf Fryer Construction-Screen Rake.pdf References-Fryer Construction.pdf Attachments: 11.2010-89-M1 Discuss and take appropriate action to award / reject bids received for Trinity Well No. 2 Project. (Scott) Bid Tab-2nd Re-Bid-Trinity Well No2.pdfAttachments: 12.2010-75-M1 Discuss and take appropriate action concerning repealing Order 2009-0915, and adopting Order 2010-1214, to amend Attachment B, Section 2, Fees and Expense Policy, and Attachment F, Rules of Procedure. M1-O-2010-1214-Code Of Conduct-TrackedChanges.pdf M1-O-2010-1214-Code Of Conduct-ac.pdf Agenda Item 15 Discussion Items-Sanders.pdf Attachments: December 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 13.2010-147-M1 Review and Approve Minutes: a. November 16, 2010 - Regular Session Minutes M1-Mins-111610.pdfAttachments: Review & Discuss 14.2010-152-M1 Set Next Meeting Date: a. Tuesday, January 18th, 2011 at 7:00 p.m. - Regular Session Calendar Jan 2011.pdfAttachments: 15.Items for Future Agendas a. Funding of Future Capital Projects; i.e., 2 MG Storage Tank b. Water Rate Study c. Disaster Planning d. Municipal Water Rate for Town Parks (Sanders) e. Purchase of a new Ladder Truck for Fire Department. (Chief Thomas) 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. December 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda CERTIFICATION) THE STATE OF TEXAS) COUNTY OF DENTON) COUNTY OF TARRANT) THIS CERTIFIES THAT ON FRIDAY, DECEMBER 10, 2010, AT OR BEFORE 5:00 P.M., A COPY OF THE ABOVE NOTICE OF A MEETING OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO BE HELD ON TUESDAY, DECEMBER 14, 2010, 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 THEIR WEBSITE AND/OR 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 ______________________, 2010. ________________________________, Title: ___________________________ 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-153-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:12/9/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Receive Cost Analysis Presentation for Trinity Well No. 2. (Twomey) Attachments: Action ByDate Action ResultVer. File #: 2010-153-M1, Version: 1 Title Receive Cost Analysis Presentation for Trinity Well No. 2. (Twomey) Body As requested at the November 16th meeting, former MUD 1 Director Neil Twomey will present a Cost Analysis Presentation for Trinity Well No. 2. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-151-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:4/15/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:5/18/2010 Title:Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Water Report c. Texas Municipal Utilities Association Conference - January 19-21, 2011-Fort Worth d. Update on Water Plant Booster Pump (formerly VFD) e. Reminder: AWBD Conference: February 4-5, 2011 f. Biomonitoring at Wastewater Treatment Plant g. Update on recent Association of Water Board Directors' meeting h. Update - Constellation Energy contract Attachments:Water Pumped Vs Billed-Nov 2010.pdf 4th Qtr DLR Report.pdf TMUA Our Texas Water.pdf Revised Constellation Energy Contract.pdf Action ByDate Action ResultVer. File #: 2010-151-M1, Version: 1 Title Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Water Report c. Texas Municipal Utilities Association Conference - January 19-21, 2011-Fort Worth d. Update on Water Plant Booster Pump (formerly VFD) e. Reminder: AWBD Conference: February 4-5, 2011 f. Biomonitoring at Wastewater Treatment Plant g. Update on recent Association of Water Board Directors' meeting h. Update - Constellation Energy contract Body The November Wastewater Report was not available at the time the packets went out. November's report will be added to January packet. October November December January February March April May June July August September Total for year 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 79,137 690,298 2010 39,794 39,713 29,547 30,305 25,328 23,279 41,646 53,439 102,921 89,760 128,687 82,331 686,750 2011 70,502 50,909 121,411 Totals 385,474 286,467 175,310 189,124 152,337 169,606 226,660 231,654 368,472 464,134 530,735 394,906 3,574,879 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 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 81,500 713,612 2010 40,803 41,600 32,700 31,400 30,145 27,240 43,400 62,646 113,049 94,950 131,650 76,159 725,742 2011 70,502 50,993 121,495 Totals 387,830 295,907 181,486 184,954 165,899 189,260 241,406 274,400 392,300 487,518 527,775 378,598 3,707,333 Water Billed 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune July AugustSeptemberMonthsGallons 2006 2007 2008 2009 2010 2011 Water Pumped 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 123456789101112 MonthsGallons 2006 2007 2008 2009 2010 2011 Q:\Water Dept\Water\combined graphs (version 2).xls TEXAS MUNICIPAL UTILITIES ASSOCIATION OUR TEXAS WATER: Planning for the Future! Radisson Hotel Fort Worth North—Fossil Creek January 19-21—Fort Worth You are invited to a conference with information and training designed for municipal utility staff! The emphasis of the Texas Municipal Utilities Association is the management and direction of municipal utilities, including the special relationship city managers, members of governing bodies, and boards of directors have with municipal utilities. The TMUA Annual Conference is a forum where members can learn from each other and benefit from their interaction with other municipal utility managers in Texas. All educational sessions will be held at the Radisson Hotel Fort Worth North — Fossil Creek unless otherwise noted. Agenda Wednesday, January 19 1:00 — 4:00 p.m. Registration 4:00 — 6:00 p.m. TMUA Board of Directors Meeting 7:00 p.m. Bulls' Night Out (separate fee of $39 includes transportation) Come to the Fort Worth Stock Show and Rodeo and enjoy a night of Professional Rodeo Cowboys Association (PRCA) Extreme Bull Riding! Thursday, January 20 7:30 a.m. — 5:30 p.m. Registration 8:00 — 8:05 a.m. Welcome and Introduction TMUA President David Harris, Utility Director, City of Brownwood 8:05 — 8:45 a.m. Keynote Address Dale Fisseler, City Manager, City of Fort Worth 8:45 — 9:45 a.m. Water Audits/Accountability Get all the information you need to properly and accurately complete the annual water accountability report required by TCEQ and TWDB. Mark Mathis, Water Loss Specialist, Texas Water Development Board, Austin 9:45 — 10:15 a.m. Break 10:15 — 11:00 a.m. Water Supply Planning Updates Hear an overview of the water strategies for the North Texas Area. Mr. Owen will discuss partnering with Dallas Water Utilities to design and construct major raw water facilities to transport raw waters from East Texas to the Metroplex area. Also covered will be updates on the ongoing activities to obtain raw water from Oklahoma and various raw water management strategies proposed by the Tarrant Regional Water District for the North Texas area. Wayne Owen, Planning Director, Tarrant Regional Water District, Fort Worth 11:00 — 11:45 a.m. Membrane Technologies for Wastewater Treatment This program is designed to give the basics of membrane technology used in wastewater and the situations in which this technology might be appropriate. Derek Shires, Environmental Treatment Technologies, Inc. 11:45 a.m. — 12:30 p.m. Lunch 12:30 — 1:30 p.m. New Nutrient Criteria—Potential Spider in the Woodpile We will discuss what the new nutrient criteria are and identify potential effluent limits. There will also be a discussion of the operations and treatment implications of incorporation of phosphorus and total nitrogen limits at different levels into permits. Finally, we'll discuss the ranges of costs associated with including total nitrogen and phosphorus limits in permits. Betty Jordan, Principal, Manager of Technology, Alan Plummer Associates, Inc. 2:00 — 5:00 p.m. Friday, January 21 8:00 a.m. — Noon Registration 8:00 — 8:30 a.m. Business Meeting, Awards, and Sponsor Presentations 8:30 — 10:30 a.m. Leading Areas of Workers Compensation and Liabilities Ronnie will share statistics from the Texas Municipal League Intergovernmental Risk Pool major work- related injuries/claims and what we can do to help reduce them. Ronnie Sexton, Loss Prevention Training Specialist, Texas Municipal League Intergovernmental Risk Pool, Austin 10:00 — 10:30 a.m. Break 10:30 a.m. — Noon Overview of the Latest Water Regulations We will discuss several of the latest Texas Commission on Environmental Quality (TCEQ) rules and regulations and how they have already impacted us, plus the future impacts on water and wastewater utilities in Texas. Ms. Diehl will also share some of the upcoming regulations that are being evaluated for future implementation and answer questions related to the rules. Alicia Diehl, Ph.D., Drinking Water Quality Team Leader, Texas Commission on Environmental Quality, Austin General Information LOCATION The 2011 TMUA Annual Conference will be held at the Radisson Hotel Fort Worth North — Fossil Creek, located at 2540 Meacham Boulevard in Fort Worth. REGISTRATION AND FEES TMUA members are eligible for a reduced registration fee if you register online by January 7. After January 7, the registration fee increases. Please see below for fees. Your registration includes a continental breakfast on Thursday and Friday, lunch and an evening reception on Thursday, access to all educational sessions, conference handouts, and refreshment breaks. (Save $25 off registration by registering online below!) By Mail: By January 7 After January 7 Member Registration $171 $199 Non-Member Registration $199 $224 Bull's Night Out $39 $39 Bowling Event $10 $10 Registration will be open during the following hours: Wednesday, January 19 — 1:00 — 4:00 p.m. Thursday, January 20 — 7:30 a.m. — 5:30 p.m. Friday, January 21 — 8:00 a.m. — Noon CANCELLATION AND SUBSTITUTION POLICY If you are registered and cannot attend, we encourage you to send a substitute. If you cannot send a substitute, a $45 cancellation fee will be assessed if written cancellation is received by January 7. No refunds will be honored after January 7. CONFIRMATIONS/BADGES Conference badges will be mailed in advance. Name badges are required for admittance to the workshop. PLEASE REMEMBER TO BRING YOUR BADGE TO THE CONFERENCE. CONTINUING EDUCATION CREDIT An application will be submitted to TCEQ for continuing education certification. If it is approved, a sign- in sheet will be available at the conference registration desk, and a certificate of attendance will be mailed after the event. In order to receive credit, you must provide your TCEQ license number. Elected officials (mayors and councilmembers) can earn Texas Municipal League Institute (TMLI) credits for attending this workshop. Forms will be available on site. For further information on the TMLI program, please call us at 512-231-7400 or log on to the TML Web site at www.tml.org (click on "Training" and then "TMLI"). SPECIAL ACCOMMODATIONS Let us know on the registration form if you need special assistance of any kind. WE WANT TO HELP! In order to respond to any special requests, we would appreciate as much advance notice as possible. STILL HAVE QUESTIONS??? Please contact the TML Program Development Department at 512-231-7400 or tmuaconference@tml.org.   Demand Response Management Agreement Page 1 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) This Demand Response Management Agreement (“Agreement”) is between Constellation NewEnergy, Inc. (”NewEnergy”) and Trophy Club Municipal Utility District 1 (“Customer”), sometimes hereinafter referred to collectively as t he “Parties” and individually as a “Party ,” and is made effective as of ________________ (the “Effective Date”). RECITALS a) Customer is a retail consumer of electricity with the capacity and desire to meet the Electric Reliability Council of Texas (“ERCOT”) requirements for Load Acting as Resource (“LaaR”) and/or Emergency Interruptible Load Service (“EILS”), collectively referred to as Demand Response (“DR”). b) NewEnergy, a Qualified Scheduling Entity as defined by ERCOT (“QSE”) provides DR management servi ces assisting its customers to provide LaaR and EILS resources to the ERCOT marketplace. c) Customer desires to employ the services of NewEnergy to provide such DR Management Services. I. DEFINITIONS The following terms when used herein shall have th e meanings set forth below. a) “DR Capacity” means EILS Capacity and/or LaaR Capacity each as defined respectively in Exhibits A and B. b) “ERCOT Charges” means all actual costs and fees that are incurred by NewEnergy for assisting Customer in the sale of its DR Capacity imposed by (i) a Governmental Authority, (ii) the ERCOT ISO, (iii) transmission distribution service providers, and (iv) third parties with whom NewEnergy does not have an existing contractual relationship for facilitating the Customer’s sale of DR Capacity. c) "ERCOT Guides" means the ERCOT Operating Guides and the ERCOT Market Guides, as may be revised from time to time. d) "ERCOT Protocols" means the ERCOT Protocols approved by the Public Utility Commission of Texas, as they may be validly amended from time to time.“Governmental Authority” means any federal, state, local, municipal, or other governmental entity, and any subdivision thereof or any agency, authority, instrumentality, regulatory body, court, administrative tribunal, or other entity exercising executive, legislative, judicial, taxing, regulatory, or administrative powers or functions of or pertaining to government, including but not limited to the PUCT, ERCOT and the North American Electric Reliability Corporation (“NERC” or its succes sor) or any regional entity approved by NERC. II. TERM a) Term: The term of this Agreement shall commence on the Effective Date, and shall remain in effect for three years from the first day that Customer offers its DR Capacity for sale to ERCOT or a third party market participant. This Agreement shall automatically extend for a one year period, unless and until terminated by either party with at least thirty (30) days prior written notice. b) Changes in Law: This Agreement shall automatically terminate on any date on which any change in applicable law renders this Agreement illegal, null or void, or in the event that any Governmental Authority with jurisdiction over a Party issues a rule, regulation or order that has a materially adverse effect on one or more of the Parties’ ability to realize the anticipated economic benefits originally contemplated by the Parties at the time of execution of this Agreement; provided, however, that prior to exercising any right to terminate, the Parties shall undertake good faith negotiations in an effort to modify this Agreement to avoid or minimize the adverse impact of the change in law. If the Parties are unable to negotiate a modification to this Agreement within thirty (30) business days following the issuance of the order giving rise to such renegotiation efforts, then this Agreement shall terminate at the close of such thirty (30) business day period. III. COMPENSATION a) Revenue Sharing. For Customer’s DR Capacity sales to ERCOT or a third party, the Parties acknowledge that NewEnergy will receive revenues, net of related ERCOT Charges, for scheduling the sale of Customer’s DR Capacity. Customer will receive 65% (sixty-five percent) of the ERCOT revenues and the remaining ERCOT revenues shall compensate NewEnergy for services provided pursuant to this Agreement, including any broker’s Demand Response Management Agreement Page 2 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) fees. b) Sales and Use Taxes. All fees for services provided under this Agreement are exclusive of any state or federal sales and use taxes, which may be applicable. NewEnergy reserves the right to bill and collect applicable taxes from Customer. c) Monthly Settlement. Monthly settlement terms with Customers for the applicable Programs are set out in Exhibits hereto. The Parties acknowledge that fees received by NewEnergy from ERCOT will be administered in accordance with the financial settlement process in the ERCOT Protocols, and that fees received from third -party sales will be governed by the agreement(s) between NewEnergy and the third party. The Parties agree that any adjustments subsequent to the initial ERCOT settlement statement shall be r emitted to the Party owed. The Parties acknowledge that EILS disbursements from ERCOT may occur less frequently than monthly. d) Customer Costs: NewEnergy guarantees to Customer that, during the term of this Agreement, Customer will not have any out-of-pocket cash obligations with respect to any deficiencies assessed by ERCOT for under or non - performance to the extent that such deficiencies can be deducted from Customer’s payment s earned or to be earned during the term of this Agreement. However, if no further payments are due Customer, Customer shall remit such amounts to NewEnergy. Where such penalty reimbursement is due NewEnergy at the end of the term of this Agreement, in the event Customer renews this Agreement for an additional term, NewEnergy agrees to recover such amounts from payments earned by Customer during the renewal term of this Agreement IV. SCOPE OF SERVICES PROVIDED BY NEW ENERGY NewEnergy will be responsible for the following: a) Representation: Representing the Customer as its sole QSE for the purpose of enrolling, bidding and selling the Customer’s DR Capacity for each of the ESI IDs identified in Exhibits hereto to ERCOT and/or third -party market participants, through the daily submittal of schedules and bids for LaaR or other periodic submittal of schedules and bids for EILS, as directed by Customer. Customer shall have the option to decline partic ipation in any ERCOT DR auction. b) Qualification: Assisting Customer with the process of qualifying its facilities to sell DR Capacity to ERCOT through coordination, documentation, communications and testing with third -party vendors, Customer’s personnel and ERCOT. If, in the sole discretion of NewEnergy, Customer’s bid to ERCOT would jeopardize NewEnergy’s qualification to provide DR Management Services within ERCOT, NewEnergy may decline to submit Customer’s bid to participate in ERCOT auctions. c) Administration: Administering the distribution of any funds received from ERCOT related to the sale of Customer’s DR Capacity to ERCOT. d) Monitoring: Monitoring the DR capacity equipment and facilities, responding to ERCOT deployments and assisting Customer in resolving issues associated with the execution of required documentation with ERCOT. V. CUSTOMER’S RESPONSIBILITIES a) Authorizations and Duties: Customer grants NewEnergy the sole and exclusive authority to act as its QSE with ERCOT to perform the DR Management Services described below on behalf of Customer for its LaaR o r EILS Capacity for each of the ESI IDs identified in Exhibits hereto. Nothing contained in this Agreement shall require NewEnergy to institute any legal or regulatory proceeding with any Governmental Authority, or to pursue remedies in any venue or with any third party on behalf of Customer in connection with any of the DR Management Services provided under this Agreement. b) Equipment: Customer shall be responsible for the installation and maintenance of the necessary equipment and communications as specified in the ERCOT Protocols. Customer may, at its option, arrange for installation of the necessary equipment by or through NewEnergy, and the cost of such equipment,and its installation and maintenance will be deducted from the initial ERCOT DR revenues p ayable by NewEnergy to Customer until fully recovered. During the Term of the Agreement, Customer will not modify, tamper or disconnect the meter, the communication equipment or any connections or interfaces to the meter or communication equipment. Unless otherwise determined by NewEnergy in its sole discretion, title to the equipment shall transfer to Customer upon installation of the equipment at Customer’s premises, subject to the deduction in full of the cost Demand Response Management Agreement Page 3 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) of the equipment, its installation and maintenance against market revenues; provided that ownership of any software shall remain with NewEnergy or the third-party licensor licensing it to NewEnergy. NewEnergy shall have the right, at its sole option, to deactivate the software following expiration or termination of this Agreement for any reason. c) Information: NewEnergy will rely on Customer to provide accurate information including, but not limited to that needed by ERCOT, in connection with DR Management Services rendered hereunder and needed by NewEnergy to otherwise perform its obligations under this Agreement. Customer will take such actions and execute such documents as are required for its participation, including but not limited to the Standard Form EILS Agreement with ERCOT if Customer is selected to participate in the EILS Program. d) Scheduling: Upon notification by Customer, NewEnergy will submit Customer’s DR Capacity for scheduling, either to a third party QSE or to ERCOT consistent with scheduling protocols set forth by ERCOT for the applicable Program. Customer shall have a standing bid by which NewEnergy will bid Customer’s DR Capacity. Customer may change the standing bid at its discretion provided that changes are submitted to NewEnergy at least one (1) hour prior to the ERCOT deadline for Day Ahead Schedules or twenty four (24) hours ahead of the ERCOT deadline for EILS bids. e) DR Obligations: Customer has the obligation to meet the ERCOT Protocol performance and availability requirements for its DR Capacity sales to ERCOT or a third party. Customer shall comply fully and promptly with dispatch instructions from ERCOT unless in the sole and reasonable judgment of Customer, such compliance would create a threat to safety, risk of bodily harm or damage to Customer’s equipment. f) Notification: During periods when Customer is obligated to provide DR services to ERCOT or a third party, Customer shall promptly provide notice to NewEnergy of any unplanned reduction or unavailability of its capacity to provide such DR services and provide written documentation of the reason for non-compliance. NewEnergy shall use commercially reasonable efforts to notify ERCOT and to mitigate any financial impact to Customer and NewEnergy’s QSE, and any resulting charges shall be the responsibility of Customer. VI. REPRESENTATION AND WARRANTIES a) Warranties: With the exception of any warranty that is expressly set forth in this Agreement, NewEnergy and its respective successors, assigns and delegatees make NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE with regard to the services NewEnergy provides, or the activities Customer undertakes, pursuant to this Agreement. b) Customer Representations: Customer represents and warrants that it has, or by the time scheduling under this Agreement is to commence, complied with all ERCOT qualification requirements. Customer has installed and will maintain the necessary equipment, controls, procedures, practices and tra ining to ensure the safety of persons and property in the event that there is an interruption and a subsequent restoration of electricity to any of its facilities registered to provide DR services under this Agreement, and that it will comply with applicab le availability testing as required by ERCOT. Customer agrees that the ESI ID(s) used to provide DR services under this Agreement shall not be used to provide to any third party, including without limitation ERCOT, any other demand response service or other ancillary service or balancing energy service as set forth in the ERCOT Protocols. c) LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, LOST PROFIT, LOST OPPORTUNITY, BUSINESS INTERRUPTION, OR EXEMPLARY DAMAGES FOR ANY LOSS, DAMAGE, CLAIM OR CAUSE OF ACTION RELATED TO THIS AGREEMENT WHETHER ARISING FROM BREACH OF CONTRACT OR WARRANTY OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR STATUTE, OR OTHERWISE. IN NO EVENT, WHETHER ARISING FROM BREACH OF CONTRACT, WARRANTY OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABIITY) OR OTHERWISE, SHALL NEWENERGY BE LIABLE, IN THE AGGREGATE, FOR ANY AMOUNT IN EXCESS OF THE TOTAL REVENUES EARNED BY NEWENERGY HEREUNDER IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. d) INDEMNITY: EXCEPT TO THE EXTENT CAUSED BY NEW ENERGY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, CUSTOMER RELEASES, INDEMNIFIES, AND HOLDS NEWENERGY HARMLESS FROM ALL Demand Response Management Agreement Page 4 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) LIABILITY, COSTS, CLAIMS, LOSSES, OR CAUSES OF ACTION, INCLUDING PERSONAL INJURY, PROPERTY LOSS, PROPERTY DAMAGE, OR DEATH, HOWEVER CAUSED, WHICH MAY ARISE OUT OF OR RELATE TO AN INTERRUPTION OF ELECTRIC POWER TO CUSTOMER’S FACILITIES OR EQUIPMENT OR ANY RESTART OR RESTORATION OF ELECTRIC POWER TO CUSTOMER’S FACILITIES OR EQUIPMENT WHICH MAY OCCUR WITH NO ADVANCE NOTICE TO CUSTOMER. VII. DEFAULTS, REMEDIES AND DISPUTE RESOLUTION a) Events of Default: Each of the following shall constitute an Event of Default: material breach, continued non - payment, material misrepresentation, voluntary or involuntary bankruptcy. b) Remedies for Default: If an Event of Default occurs the non-defaulting party shall notify the defaulting Party. Following receipt of a notice of an Event of Default, the Defaulting Party shall have 3 0 days from receipt of notice of default in which to cure the Event of Default. c) Termination: If the Event of Default is not cured timely then the Party not in default, by notice in writing to the Defaulting Party, may, in addition to any other rights and remedies available to it under this Agreement, terminate this Agreement upon at least five (5) days prior written notice to the Defaulting Party. VIII. MISCELLANEOUS PROVISIONS a) Successors and Assigns: Neither Party shall assign this Agreement or any of the agreements attached as Exhibits hereto, nor any part thereof, without the prior written consent of the other Party other than to a third party which succeeds to all or substantially all of the assets of the Party; provided, however, that NewEnergy may subcontract certain services to be performed hereunder. b) Notices: Any notice and other communication to a Party required or authorized by this Agreement shall be in writing and addressed as set forth below, and shall be deemed given (i) when delivered in pers on, (ii) whether actually received or not, four (4) business days after it is deposited in any U.S. post office or mail receptacle, certified or registered mail, return receipt requested, postage prepaid, or (iii) on the next delivery day after it is placed with an expedited delivery service and designated for next -day service with proof of delivery, or (iv) when received by the other Party if transmitted via email. Trophy Club Municipal Utility District 1 Constellation NewEnergy, Inc. Company Name: Trophy Club Municipal Utility District 1 Company Name: Constellation NewEnergy, Inc. Address: 100 Municipal Drive Address: 1221 Lamar Street, Suite 750 City, State, Zip: Trophy Club, TX 76262 City, State, Zip: Houston, TX 77010 Attention: Robert Scott Attention: Contracts Administration Telephone: 682.831.4610 Telephone: 888-635-0827 Facsimile: 817.491.9312 Facsimile: 1-866.631.4108 Either Party may, by written notice to the other, change the representative or the address to which such notices and communications are to be sent. c) Entirety: This Agreement contains the entire agreement between Customer and NewEnergy with respect to the subject matter hereof and supersedes all prior negotiations, representations, contracts or agreements whether written or oral. This Agreement may be modified, amended, altered or rescinded only by a writing expressly referring to this Agreement and signed by the Parties. No delay, failure or waiver on the part of either Party in Demand Response Management Agreement Page 5 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) exercising any rights hereunder, and no partial or single exercise thereof, will constitute a waiver of such rights or of any other rights hereunder. d) Governing Law: This Agreement shall be interpreted, construed and governed by the laws of the State of Texas. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY OR TO INITIATE OR BECOME A PARTY TO ANY CLASS ACTION CLAIMS IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. e) Counterparts: This Agreement may be executed in any number of counterparts with the same effect as if th e Parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same agreement. f) Confidentiality: Each Party shall treat as confidential all information and data delivered to it by the other Party pursuant to this Agreement, whether delivered electronically, orally, or in tangible form, which (i) relate to the the business affairs of the Parties (ii) Customer data and information relating to contract pricing, transaction terms and operations, and (iii) if delivered electronically or in tangible form, are expressly designated by label, stamp or other written communication that the information or data furnished is confidential at the time of delivery (collectively, the "Confidential Information”). During the term of this Agreement and until three (3) years after the termination or expiration of this Agreement, each Party agrees not to disclose or permit the disclosure of any portion of the Confidential Information to any third party other than a party affiliated with such Party, provided, that either Party may disclose any Confidential Information (a) that has become generally available to the public, (b) that may be required or appropriate in any report, statement, or testimony submitted to any municipal, state, or Federal regulatory body having or claiming to have jurisdiction over the Party or the subject matter of this Agreement, (c) that may be required or appropriate in response to any summons or subpoena or in connection with any litigation or to comply with any law, order, regulation, or ruling applicable to either Party, provided, that the Party required to make such disclosure shall agree to take reasonable steps to protect the Confidential Information and shall disclose only that portion of the Confidential Information that it is required to disclose. g) Severability: If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. h) Nature of Relationship: Nothing in this Agreement shall be construed as creating the relationship of ag ent- principal, partnership, joint venture, co venture, trustee beneficiary, or other or similar fiduciary relationship of any kind. The obligations undertaken herein are limited to those of a contractual services provider. The Parties agree and acknowledge that NewEnergy is not acting as a commodity trading advisor (as defined in the Commodity Exchange Act). ACCEPTED AND AGREED: IN WITNESS WHEREOF, and with the intent to be bound thereby, the Parties hereto have caused their duly authorized representat ives to execute this DR Management Agreement on their behalf effective as of the day and year first written above. Trophy Club Municipal Utility District 1 Constellation NewEnergy, Inc. Signature: Signature: Name: Robert Scott Name: Title: District Manager Title: Date: Date: This Agreement and documentation provided by NewEnergy is confidential information, and may not be disclosed to any third party without written authorization by NewEnergy. Demand Response Management Agreement Page 6 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) EXHIBIT A Emergency Interruptable Load Service (EILS) Definitions: a) “EILS” means the Emergency Interruptible Load Service as defined in the ERCOT Protocols and Operating Guides. b) “EILS Capacity” means the amount of retail electricity consumption that a Customer’s ERCOT qualified facility o r resource is capable of interrupting or curtailing in accordance with the ERCOT requirements for EILS. c) "EILS Management Services" means services required to qualify, schedule, bid, deploy, and settle with ERCOT or third parties for the purposes of offering Customer’s load interruption capacity for EILS consistent with ERCOT Protocols, applicable laws, and includes the EILS Management Services specifically enumerated in this Agreement. Monthly Settlement Terms: For the EILS Program, NewEnergy will remit payments to Customer within ten (10) days from the end of the applicable four (4) month period after NewEnergy receives payment from ERCOT. This Agreement shall cover the following EILS Resources: ESI ID Description/Name 1 10443720002828536 Waste Water Treatment Plant 2 3 4 5 6 7 8 9 10 Demand Response Management Agreement Page 7 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) EXHIBIT B Load Acting as a Resource (LaaR) Definitions: a) “LAAR” means Load Acting as a Resource for Responsive Reserve Service as defined in the ERCOT Protocols or Load Resources as defined in the ERCOT Nodal Protocols.” b) LAAR Capacity” means the amount of retail electricity consumption that a Customer’s ERCOT qualified facility or resource is capable of interrupting or curtailing in accordance with the ERCOT Protocol requirements for LAAR Additional Customer Obligations: Customer shall comply fully and promptly with the deployment of under -frequency relay equipment. Monthly Settlement Terms: For the LaaR Program, NewEnergy will remit payments to Customer within forty five (45) days from the end of the closing month after NewEnergy receives payment from ERCOT This Agreement shall cover the following LaaR Resources: ESI ID Description/Name 1 2 3 4 5 6 7 8 9 10 Demand Response Management Agreement Page 8 of 8 ©2010 Constellation Energy Group, Inc. All rights reserved. The offering herein is sold and contracted by Constellation NewEnergy, Inc., a subsidiary of Constellation Energy Group, Inc. Errors and omissions excepted. Std (MM) ADDENDUM A to the DR MANAGEMENT AGREEMENT BETWEEN Constellation NewEnergy, Inc. (“NewEnergy) and Trophy Club Municipal Utility District 1, (“Customer”) dated ___________________: Communications and Maintenance Services: During the Term of the Agreement, NewEnergy will provide the following extended equipment and /or services to Customer: 1) Satcom, DSL Communications Modem, or CDMA / GPRS wireless communications 2) Satcom, DSL Communications Setup, or CDMA / GPRS wireless communications 3) Satcom, DSL Communications Service, or CDMA / GPRS wireless communications 4) Quarterly DR Testing NewEnergy will deduct a service fee of $200.00 per month from the Customer’s share of DR revenue for the above listed items. Further, during the term of the agreement, NewEnergy will: 1) Replace a failed piece of hardware at no cost, as long as the piece of hardware is under warranty. Third-party labor costs, if any, will be passed through to Customer 2) Replace a failed piece of hardware at cost, if the piece of hardware fails outside of the manufacturer’s warranty. Cost including third-party labor, if any, will be passed through without markup to Customer and may be deducted from the Customer’s share of DR Revenue. Agreed to and accepted by: For Trophy Club Municipal Utility District 1 For Constellation NewEnergy, Inc. Signature: Signature: Name: Robert Scott Name: Title: District Manager Title: Date: Date: DECJANFEBMARAPRMAYJUN29 6 13 20 27 3 10 17 24 31 7 14 21 28 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13MASONRY VENEER ON RETAINING WALLSERECT STRUCTURAL STEELBUILDING FRAMING AND DECKINGROOFINGMEP ROUGH INBUILDING MASONRYPAVING AND APPROACHESPAVING WORK IN MEDIAN AREAINSTALL STOREFRONTS AND WINDOWSINSTALL OVERHEAD DOORSSHEETROCK WALLSTAPE, BED, TEXTURE, AND PAINTINSTALL CERAMIC TILECEILING FRAMING AND GRID WORKMEP TOP OUTCEILING TILE AND SHEETROCK CEILINGSINSTALL RUBBER AND CARPET FLOORINGSEAL CONCRETE FLOORSINSTALL MILLWORK AND LOCKERSINSTALL APPLIANCESLANDSCAPE AND IRRIGATIONTOILET ACCESSORIES AND SPECIALTIESPAVEMENT STRIPING AND MARKINGSINTERIOR AND EXTERIOR SIGNAGEFINAL CLEANING AND PUNCH LISTTROPHY CLUB FIRE STATION FINISH SCHEDULE 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-150-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:11/29/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Receive Update regarding Water Conservation Symposium; discuss and take action regarding Water Conservation Plan. a. AWBD - Association of Water Board Directors' - Water Smart Program. (President Thomas) Attachments:Water Smart Info.pdf TAC Water Conservation Plan.pdf Water Conservation Plan Guidance CheckList.pdf Action ByDate Action ResultVer. File #: 2010-150-M1, Version: 1 Title Receive Update regarding Water Conservation Symposium; discuss and take action regarding Water Conservation Plan. a. AWBD - Association of Water Board Directors' - Water Smart Program. (President Thomas) Body Please see attachments for further information regarding the Water Smart Program and Texas Water Development Board's Conservation Plan information. Association of Water Board Directors – Texas 2011 Water Smart Application January 1, 2010 – December 31, 2010 GOALS OF THE WATER SMART PROGRAM MOTIVATE, EDUCATE, COMMUNICATE & ENCOURAGE WATER CONSERVATION IN YOUR COMMUNITY  Increase awareness of the need for water conservation during a drought and year round.  Avoid or postpone the need for mandatory water rationing when possible in dry areas of the state.  Enable the public to participate in water conservation efforts both inside and outside the home.  Leverage existing local water conservation efforts. WATER SMART APPLICATION CHECK LIST The following documentation must be included with your application. 1. District Information  Copy of goals.  Operations report showing an average of 90% accountability annually.  District Registration/Information form.  Copy of District’s minutes reflecting Board’s discussion and approval of the Water Smart Application. 2. District Rate Structure  Copy of Rate Order. 3. Copy of Drought Contingency Plan 4. Water Smart in your Community  Must provide pictures.  Must provide written descriptions. 5. Communications with Consumers  Sample brochures must be provided.  Articles must be provided.  Bills with conservation message must be provided. 6. Communications with Water Smart Logo  Must provide pictures of signs and bumper stickers. Applications that do not include these items are incomplete and will not be considered. AWBD WATER SMART APPLICATION AWBD has created the Water Smart Partners Program to acknowledge our members that have instituted water smart practices in their Districts. The spirit of this program is designed to assist District Directors in taking concrete steps to help their customers learn to value the water they use and to conserve water year-round, not just in times of droughts, and to encourage the Districts’ involvement in their communities. AWBD Water Smart Partners will receive a Water Smart Partners plaque and be recognized by AWBD both at the summer conference and in the AWBD Journal. Applications for the current year (1/01/10 – 12/31/10) must be submitted to the Water Smart Steering Committee at AWBD no later than April 4, 2011. 1. The District’s Name: ________________________________________________________________________________ (each item must be checked indicating compliance) [ ] The District is a member of AWBD. [ ] The District has set water conservation goals and has a plan for achieving them (include a copy). [ ] The facilities are in good condition or plans have been made to do the necessary repairs/replacements. [ ] The District maintains a 90% annual average accountability or better. (Attach a recent Operations Report providing 12 months of accountability history). [ ] Include District Registration/Information Form. [ ] Provide copy of the District’s minutes, reflecting the Board’s discussion and approval of the Water Smart Application. (Note: The Board discussion and approval may take place after December 31, 2010, but before April 1, 2011) 2. The District’s Rate Structure (Each item must be checked indicating compliance) [ ] The District has established an increasing rate block structure that encourages water conservation. [ ] Attach District’s Rate Order. 3. Drought Contingency Plan (Must be checked and attached to qualify) [ ] The District has adopted a drought contingency plan that encourages water conservation when water supplies are low. The next three categories are about community involvement by Directors. The number of required checked-off items in each of the six categories below must have been done between January 1, 2010, and December 31, 2010 to qualify as an AWBD Water Smart Partner. Please attach additional information, brochures and/or photos to this form. No material will be returned and many items may be used in future Water Smart seminars, events and on the web. We would like to share good ideas with other AWBD members. (Applications for future years may change.) 4. Water Smart in your Community (Must be able to check at least TWO (2) separate items. If your District has been involved with the community in a way that is not listed and you feel it qualifies in this category, please list and describe. All items will be reviewed. To qualify in this category, your community involvement must include “how to” conserve and use water wisely.) Must provide documentation [ ] Participated in (had a booth) in a school carnival (describe and include photos). [ ] Participated in other school activity (describe and include photos). [ ] Sponsored one or more schools in the Water Wise Program (name school(s): _________________________________________. [ ] Participated in a civic association function; HOA, POA, or other (describe and include photos). [ ] One or more Directors spoke to an organization about water conservation issues. Must provide documentation [ ] Director actively served on the Water Smart Steering Committee during the year (1/01/10 – 12/31/10) Director’s name ___________________________________________ [ ] Other water conservation efforts (i.e. purple pipes, provide rain sensors, provide leak detection dye kits) [ ] Other community events: ___________________________________________________________________________________. 5. Water Smart Communications with your Consumers (Must be able to check TWO (2) items) To qualify in this category, your District’s communications must include “how to” conserve and use water wisely. Merely stating residents are now restricted in using water during some periods of time will not qualify. If your District has communicated with your consumers in a way that is not listed and you feel it qualifies in this category, please list and describe. All items will be reviewed. [ ] Water conservation articles in local communities’ (civic) or District newsletters Number of times _____ Attach copies of articles. [ ] New move-ins receive current rates and conservation materials. Attach copies of material. [ ] District includes bill stuffers - # of times _____. Attach sample brochures and state month(s) mailed. [ ] Conservation messages appear on bills - # of times _____. Attach sample or photo copy. [ ] Conservation information has been sent to high end water users. Attach sample. [ ] District’s website has support for Water Smart activities and water conservation issues. (Include screen prints of relevant items and the District’s website address.) 6. Communication using the Water Smart Logo (Must be able to check at least TWO (2) separate items and include pictures). Signs and bumper stickers can be purchased from AWBD. The purpose of both is to make the Water Smart logo visible to all Texans and help make Water Smart a part of everyone’s daily life. [ ] Water Smart signs are located on District facilities. [ ] Water Smart signs are located on District’s TCEQ signs. [ ] Water Smart bumper stickers are on the operator’s vehicles. [ ] Water Smart bumper stickers have been given to residents. [ ] Water Smart Logo on bill District Name: Address: City/Zip: Contact person (Director): ____________________________________________________________________ Contact’s phone #: ___________________________________________________________________________ E-mail: _____________________________________________________________________________________ District’s website address (if applicable): _________________________________________________________ Operator Firm Name: _________________________________________________________________________ Operator phone #: ____________________________________________________________________________ Operator’s representative for District: ___________________________________________________________ Operator may be contacted to verify information. All directors must sign. Please explain if fewer than five directors sign. ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ________________________________________________________ ***It is the District’s responsibility to confirm their Water Smart Application has been received by the Association of Water Board Directors – Texas’ office. *** AWBD Water Smart Steering Committee Compiled by Diane K. Flynn with assistance from the Native Plant Society of Texas NATIVE PLANT SOURCES Anderson Landscape and Nursery 2222 Pech, Houston 77055; 713/984-1342 Another Place in Thyme 421 W. 11th, Houston, 77008; 713/864-9717 The Arbor Gate- 15635 FM 2920, Tomball 77375; 281/351-851 Backyard Gardener 5117 N. Main, Houston; 713/880-8004 Barton Springs Nursery 3601 Bee Cave Road Austin 78746; 512/328-6655 Bluestem Nursery 4101 Curry Road, Arlington 76017 817/478-6202; Contact: John Snowden Native Ornamental Grasses, catalog Brazos Rim Farm, Inc. 433 Ridgewood, FL Worth 76107 817/740-1184; Fax 817/625-1327; Wholesale Contact: Pat Needham Buchanan’s Native Plants 611 E. 11th Street, Houston 77008 713/861-5702; Diane Cabiness Native Nursery 16889 Rabon Chapel Rd, Montgomery 77316 979/447-1886; Discount Trees of Brenham 2800 N. Park Street, Brenham 77833 979/836-7225; Retail Dodd Family Tree Nursery 515 West Main, Fredericksburg 78624 830/997-9571; Retail Native plants, organics, special order Ecovirons 10920 Hummingbird Place, Conroe 77385 281/362-1107; Fax 253/981-0901 Email: cyrilla@flex.net; Contact: Peter Loos The Natural Gardener 8648 Old Bee Caves Road, Austin 78735 Retail 5l2/288-6113; Fax 512/288-6114 Good Luck General Store & Gardens 1030W. Hwy 29, Georgetown 78628 512/869-2342; Fax 512/868-0139 Gottlieb Gardens 8263 Huber Road, Seguin 78115 830/629-9876; Wholesale Joshua’s Nateve Plants & Garden Antiques 502 W. 18th St., Houston; 713/862-7444 Kings Creek Gardens 813 Straus Road Cedar Hill 75104; 972/291-7650 Fax 972/293-0920 Madrone Nursery 2318 Hilliard, San Marco s 78666 512/353-3944; Wholesale/retail Native American Seed 127 North 16th Street, Junction 76849 800/728-4043; Order Online www.seedsource.com - Free catalog Native By Native Landscapes 602W. MainJohnson City Texas 78636 830-868-9933 email: tess@moment.net www.nativebynativelandscapes.com Natives of Texas, Spring Canyon Ranch 6520 Medina Hwy, Kerrville 78028 830/896-2169; Fax 830/257-3322 www.nativesoftexas.com Native Texas Nursery 1004 MoPac Circle #101, Austin 78746 512/280-2824 North Haven Gardens 7700 Northaven Road, Dallas 75230-3297 214/363-5316 RCW Nurseries 15809 State HWY 249, Houston 77086 281/440-5161 AWBD Water Smart Steering Committee 400 Randal Way Suite 107, Spring, TX 77388 281.350.7090 The Rustic Wheelbarrow 416W. Avenue D, San Angelo 76903 915/659-2130 Select Seeds / Antique Flowers www.selectseeds.com; 800/653-3304 Southwest Landscape and Nursery Company 2220 Sandy Lake Road, Carrollton 75006 214/245-4557; Wholesale/retail Stan’s Organic Lawn & Garden 798W. Hwy 190, Nolanville 76559 254/698-8622; Fax 254/698-8623 Open Tues-Sat; Retail Tejas Native Bulbs www.tejasnativebulbs.com; 512/940-7973 Texas native bulbs, corms and rhizomes Texzen Gardens 4806 Burnet Road, Austin 78756 512/454-6471 Weston Gardens in Bloom, Inc. 8101 Anglin Drive, Ft. Worth 76140 817/572-0549 Wichita Valley Landscape 5314 SW Parkway, Wichita Failas 76310 940/696-3082; Contact: Paul or Nila Dowleam Wildseed Farms – Wildflower seed catalog www.wildseedfarms.com; 800/848-0078 425 Wildflower Hills – PO Box 3000, Fredericksburg, TX 78624-3000 Frequently Asked Questions What is Water Smart? Water Smart is a joint project of the Texas Commission on Environmental Quality and the Texas Water Development Board to raise awareness of water supply issues affecting Texas communities and promote efficient water use and water conservation habits. AWBD, as a leader in the water industry, is proud to be a partner in the Water Smart Program and has been recognized for its support of the program and its goals. How did Water Smart begin? Water Smart grew out of the drought of 1996. During this awful time, dwindling water reserves threatened community life and economic activities activity in the Lower Rio Grande Valley. The program highlighted the need for water conservation and was successful. It has been introduced into other areas of Texas where small water utilities have experienced emergency conditions because of increased demand during the drought of 1998. What areas of Texas were targeted for the Program in 1998? Three areas were targeted: five counties in southeast Texas near Houston; 13 counties in northeast Texas around Tyler; and seven counties in north central Texas around the Dallas/ Fort Worth metroplex. In the future, Water Smart will expand into other regions of the state with the goal of making Water Smart a permanent program throughout Texas. How does Water Smart work? Water Smart draws its strength from broad-based, grass roots support. It uses state assistance to construct a framework of community action. It brings together representatives of local water utilities or industry leaders, like AWBD, to organize supporting activities throughout a region. What kinds of state assistance are available to promote Water Smart activities? State assistance can be technical or an allocation of resources. Under the heading of technical assistance, the state will provide the services of a coordinator to jumpstart activities and held local representatives customize the program to fit their communities. Printed material on specific water supply issues affecting the community, general material on conservation practices and techniques for inside and outside water use are available also. In addition, state agencies have been able to allocate some funds to place public service announcements (PSAs) in media outlets. Remember hearing Junior Brown singing Water Patrol? That was part of Water Smart. What does this mean for my water district? It means you should get involved with Water Smart. Water is our most precious natural resource. Water conservation makes good sense and it saves cents for every customer and water district when water conservation is practiced. Water Smart is more than a smart promotion; it impacts the future of the water industry, the future of Texas. Water supply is a critical factor in determining the economic future of Texas. With the mandate of SB 1, passed in the 75th Texas Legislature, to plan for water needs, Water Smart serves a vital outreach function to support regional water planning. How can I get more information? How do I get involved? Contact AWBD to become a Water Smart partner. Begin by clicking here to download the 2010 Water Smart Partner application. For more information, you may also contact members of the AWBD Water Smart Steering Committee. Home Conference Contacts Committees Our Members 81 TX Legislature State Agencies Page 1 of 1Frequently Asked Questions 11/29/2010http://www.awbd-tx.org/wtr_smrt/faq.html Goals of the Water Smart Program The Water Smart Program has set simple but comprehensive goals. Increase awareness of the need for water conservation, during a drought and year-round. Avoid or postpone the need for mandatory water rationing when possible in dry areas of the state. Enable the public to participate in water conservation efforts both inside and outside the home. Leverage existing local water conservation efforts. Assemble local water utilities to carry out the first coordinated regional public information campaign on water conservation and water supply issues. Home Conference Contacts Committees Our Members 81 TX Legislature State Agencies Page 1 of 1Goals Of Water Smart Program 11/29/2010http://www.awbd-tx.org/wtr_smrt/goals.html AWBD Water Smart Steering Committee Compiled by Diane K Flynn dflynn@houston.rr.com AWBD-Merry Leonard mleonard@awbd-tx.org Revised 5/28/04 The following is a list of books that feature native and drought tolerant plants and Water Smart landscaping. Antique Roses for the South By William C. Welch; List Price: $29.95 Attracting Birds to Southern Gardens By Pope, Odenwald, & Fryling; List Price: $24.95 Front Yard Gardens, Growing More than Grass Liz Primeau, Andrew Leyerle, photographer; Firefly Press; List Price: $24.95 Front Yard Idea Book Jeni Webber, Lee Anne White photographer; Taunton Press; List Price: $19.95 Gardening for the Future of the Earth by Howard-Yana, Ph.D. Shapiro, John Harrisson Gardening With Native Plants of the South by Sally Wasowski, Andy Wasowski March 1994); List Price: $29.95 Grow Wild! : Low-Maintenance, Sure-Success, Distinctive Gardening With Native Plants by Lorraine Johnson, Andrew Leyerle (Photographer) List Price: $32.95 Habitat Gardening for Houston and Southeast Texas by Mark Bowen with Mary Bowen River Bend Publishing Company How to Get Your Lawn & Garden Off Drugs: A Basic Guide to Pesticide-Free Gardening in North America by Carole Rubin; Harbour Publishing List Price: $9.95 How to Grow Native Plants of Texas and the Southwest: Revised and Updated Edition by Jill Nokes, Kathryn Miller Brown(Illustrator) (May 2001) List Price: $29.95 Landscaping Revolution: Garden With Mother Nature, Not Against Her (The Contemporary Gardener) by Andy Wasowski(Photographer), Sally Wasowski; Amazon.com: $22.36 Landscaping With Native Plants of Texas and the Southwest by George O. Miller, David Northington, (March 1991); List Price: $19.95 Native Plants for Southwestern Landscapes by Judy Mielke (Paperback – Nov. 1993) List Price: $24.95 Native Texas Gardens by Sally Wasowski, Andy Wasowski Native Texas Plants by Sally Wasowski, Andy Wasowski New soft cover available, Natural Gardening; A Nature Company Guide by Jim Knope, Sally Wasowski, John Boring, Glen Keator, Jane Scott, Erica Glasener; Time Life Books Naturalistic Gardening: Reflecting the Planting Patterns of Nature by Ann Lovejoy, Allan Mandell (Photographer); Sept. 1998; Amazon $17.56 Natural Landscaping: Gardening With Nature to Create a Backyard Paradise (Rodale Garden Book) by Sally Roth (February 1997); Amazon.com: $23.96 AWBD Water Smart Steering Committee 400 Randal Way Suite 107, Spring, TX 77388 281.350.7090 The Natural Lawn & Alternatives (Plants & Gardens) by Janet Marinelli (Editor), Margaret Roach(Editor) (November 1993) Amazon.com: $7.15 Noah's Garden: Restoring the Ecology of Our Own Back Yards by Sara Stein (Paperback - April ‘95) Amazon.com: $10.40 Plants for Dry Climates; How to Select, Grow & Enjoy By Mary Rose Duffield and Warren Jones List Price: $19.95 Plants for Natural Gardens: Southwestern Native & Adaptive Trees, Shrubs, Wildflowers and Grasses by Judith Phillips (April 1995) List Price: $27.50 Redesigning the American Lawn, A Search for Environmental Harmony By F. Herbert Bormann, Diana Balmori, Gordon T. Gelballe Yale University Press The Right Plants for Dry Places by Suncoast Native Plant Society Special Order - Amazon.com: $12.95 Southern Herb Growing by Madalene Hill and Gwen Barclay's Southwestern Landscaping With Native Plants by Judith Phillips (December 1987) List Price: $24.95 Texas Wildscapes, Gardening for Wildlife by Noreen Damude and Kelly Conrad Bender Texas Parks & Wildlife Press Texas Wildflowers, A field guide by Campbell and Lynn Loughmiller University of Texas Press Year Round Vegetables, Fruits & Flowers for Metro Houston, A natural Organic approach Using Ecology by Bob Randall, Ph.D., Executive Director Urban Harvest Texas Administrative Code TITLE 31 NATURAL RESOURCES AND CONSERVATION PART 10 TEXAS WATER DEVELOPMENT BOARD CHAPTER 363 FINANCIAL ASSISTANCE PROGRAMS SUBCHAPTER A GENERAL PROVISIONS DIVISION 2 GENERAL APPLICATION PROCEDURES RULE §363.15 Required Water Conservation Plan (a) An applicant, if not eligible for an exemption under subsection (c) of this section, shall submit, with its application, two copies of its water conservation plan for approval. The executive administrator shall review all water conservation plans submitted as part of an application for financial assistance for a project and shall determine if the plans meet the requirements of this section. (b) The water conservation plan required under subsection (a) of this section must be new or revised to include five-year and ten-year targets for water savings, unless the applicant has, since May 1, 2005, implemented an approved water conservation plan that meets the requirements of this section, and that has been in effect for less than five years. The water conservation plan shall include an evaluation of the applicant's water and wastewater system and customer water use characteristics to identify water conservation opportunities and shall set goals to be accomplished by water conservation measures. The water conservation plan shall provide information in response to the following minimum requirements. If the plan does not provide information for each minimum requirement, the applicant shall include in the plan an explanation of why the requirement is not applicable. (1) Minimum requirements. Water conservation plans shall include the following elements: (A) a utility profile including, but not limited to, information regarding population and customer data, water use data, water supply system data, and wastewater system data; (B) specific, quantified five-year and ten-year targets for water savings to include goals for water loss programs in gallons per capita per day, and goals for municipal use, in gallons per capita per day; (C) a schedule for implementing the plan to achieve the applicant's targets and goals; (D) a method for tracking the implementation and effectiveness of the plan; (E) a master meter to measure and account for the amount of water diverted from the source of supply; (F) a program for universal metering of both customer and public uses of water, for meter testing and repair, and for periodic meter replacement; (G) measures to determine and control water loss (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.); (H) a program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system; (I) a program of continuing public education and information regarding water conservation; (J) a water rate structure which is not "promotional," i.e., a rate structure which is cost- based and which does not encourage the excessive use of water; (K) a means of implementation and enforcement which shall be evidenced by: (i) a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the applicant; and (ii) a description of the authority by which the applicant will implement and enforce the conservation plan; (L) documentation that the regional water planning groups for the service area of the applicant have been notified of the applicant's water conservation plan; and (M) a current drought contingency plan which includes specific water supply or water demand management measures and, at a minimum, includes, trigger conditions, demand management measures, initiation and termination procedures, a means of implementation, and measures to educate and inform the public regarding the drought contingency plan. (2) Additional conservation strategies. The water conservation plan may also include any other water conservation practice, method, or technique that the applicant deems appropriate. (c) Pursuant to Water Code §§15.106(c) 17.125(c), 17.277(c), and 17.857(c), an applicant is not required to provide a water conservation plan if the board determines an emergency exists; the amount of financial assistance to be provided is $500,000 or less; or the board finds that implementation of a water conservation program is not reasonably necessary to facilitate water conservation; or the application is for flood control purposes under Water Code, Chapter 17, Subchapter G. (1) An emergency exists when: (A) a public water system or wastewater system has already failed, or is in a condition which poses an imminent threat of failure, causing the health and safety of the citizens served to be endangered; (B) sudden, unforeseen demands are placed on a water system or wastewater system (i.e., because of military operations or emergency population relocation); (C) a disaster has been declared by the governor or president; or (D) the governor's Division of Emergency Management of the Texas Department of Public Safety has determined that an emergency exists. (2) If the board determines that an emergency exists and commits to financial assistance without requiring a water conservation plan, the applicant must report whether the emergency continues to exist every six months after the board commits to financial assistance. If the Executive Administrator finds that the emergency no longer exists, the applicant must submit a water conservation plan within six months of the finding. (d) Pursuant to Water Code §§15.106(d)(e), 15.208(d), 17.125(e), 17.277(e), and 17.857(e), if the applicant will utilize the project financed by the board to furnish water or wastewater services to another entity that in turn will furnish the water or wastewater services to the ultimate consumer, the applicant shall: (1) submit its own water conservation plan before closing on the financial assistance; and (2) submit the other entity's water conservation plan, if one exists, before closing on the financial assistance; and (3) require, by contract, that the other entity adopt a water conservation plan that conforms to the board's requirements and submit it to the board. If the requirement is to be included in an existing water or wastewater service contract, it may be included, at the earliest of the renewal or substantial amendment of that contract, or by other appropriate measures. (e) The board will accept a water conservation plan determined by the commission to satisfy the requirements of 30 TAC Chapter 288 for purposes of meeting the minimum requirements of subsection (b) of this section. (f) Water conservation plans that are submitted to the TCEQ and copied to the board under Water Code §16.402 must contain the applicable minimum requirements for water conservation plans established by the Commission in its rules at 30 TAC Chapter 288. (g) Annual reports. (1) Each entity that is required to submit a water conservation plan to the board or the commission, other than a recipient of financial assistance from the board, shall file a report not later than May 1, 2010, and annually thereafter to the executive administrator on the entity's progress in implementing each of the minimum requirements in the water conservation plan. (2) Recipients of financial assistance from the board shall maintain an approved water conservation plan in effect until all financial obligations to the state have been discharged and shall file a report with the executive administrator on the applicant's progress in implementing each of the minimum requirements in its water conservation plan and the status of any of its customers' water conservation plans required by contract, within one year after closing on the financial assistance and annually thereafter until all financial obligations to the state have been discharged. (3) Annual reports prepared for the Commission providing the information required by this subsection may be provided to the board to fulfill the board's reporting requirements. (h) The following are violations of board rules for purposes of Water Code §16.402: (1) failure to submit a water conservation plan containing the minimum requirements in subsections (b) and (f) of this section; and (2) failure to timely submit a complete annual report on the entity's progress in implementing its plan that addresses each element in its water conservation plan, as required by Water Code §16.402 and subsection (g) of this section. WRD-022 (rev. 1/11/10) WATER CONSERVATION PLAN GUIDANCE CHECKLIST This guidance checklist applies to all Texas Water Development Board (TWDB) Financial Assistance Programs specified in its rules under Texas Administrative Code 31, Chapters 355, 363, 371, 375, 382, and 384 and to public utilities that provide potable water service to 3,300 or more connections. The Water Conservation Plan required must meet the minimum requirements as stated below, and should be no older than 5 years. The Water Conservation Plan must include an evaluation of the applicant's water and wastewater system and customer water use characteristics to identify water conservation opportunities and should set goals to be accomplished by water conservation measures. The water conservation plan shall provide information in response to the following minimum requirements. If the plan does not provide information for each minimum requirement, the applicant shall include in the plan an explanation of why the requirement is not applicable. The TWDB will accept current Water Conservation Plans determined by the Texas Commission on Environmental Quality (TCEQ) to satisfy the requirements of 30 TAC Chapter 288. Basically, the Water Conservation Plan is a strategy or combination of strategies for reducing the consumption of water, reducing the loss or waste of water, improving or maintaining the efficiency in the use of water, or increasing recycling and reuse of water. It contains best management practices measures to try to meet the targets and goals identified in the plan. The Drought Contingency (Emergency Demand Management) Plan is a strategy or combination of strategies for responding to temporary and potentially recurring water supply shortages and other supply emergencies. THE WATER CONSERVATION PLAN REQUIREMENTS: A. _____ An evaluation of the Applicant’s water and wastewater system and customer use characteristics to identify water conservation opportunities and potential targets and goals. Completion of the Water Conservation Utility Profile, WRD-264, as part of the evaluation is required. A completed Utility Profile should be submitted with the Plan. B.______ Inclusion of 5-year and 10–year targets that are specific and quantified for water savings, and include goals for water loss programs in gallons per capita per day, and goals for municipal use, in gallons per capita per day; Include a base use figure to be able to calculate your savings from. Consider state and regional targets and goals, local climate, demographics, and the utility profile. Consider the anticipated savings that can be achieved by utilizing the appropriate Best Management Practices and other conservation techniques. C. _____ A schedule for implementing the plan to achieve the applicant’s targets and goals. D. _____ A method for tracking the implementation and effectiveness of the plan. The method should track annual water use and provide information sufficient to evaluate the implementation of conservation measures. The plan should measure progress annually, and, at a minimum, evaluate the progress towards meeting the targets and goals every five years. E. _____ A master meter to measure and account for the amount of water diverted from the source of supply. F. _____ A program of universal metering of both customer and public uses of water, for meter testing, repair and for periodic replacement. G. _____ Measures to determine and control unaccounted-for uses of water (for example, periodic visual inspections along distribution lines; annual or monthly audit of the water system to determine illegal connections, abandoned services, etc.). H. _____ A continuous program of leak detection, repair, and water loss accounting for the water transmission, delivery, and distribution system in order to control water loss. I. ______ A program of continuing education and information regarding water conservation. This should include providing water conservation information directly to each residential, industrial and commercial customer annually, and providing water conservation literature to new customers when they apply for service. J. _____ A water rate structure which is not “promotional,” i.e., a rate structure which is cost-based and which does not encourage the excessive use of water. Include a copy of the rate structure. K. ____ A means of implementation and enforcement which shall be evidenced by adoption of the plan: 1. a copy of the ordinance, resolution, or tariff indicating official adoption of the water conservation plan by the applicant and 2. a description of the authority by which the applicant will implement and enforce the conservation plan. L. _____ If the Applicant will utilize the project financed by the TWDB to furnish water or wastewater services to another supplying entity that in turn will furnish the water or wastewater services to the ultimate consumer, the requirements for the water conservation plan also pertain to these supplier entities. To comply with this requirement the applicant shall: 1. submit its own water conservation plan; 2. submit the other entity’s (or entities) water conservation plan; 3. require, by contract, that the other entity (or entities) adopt a water conservation plan that conforms to the board’s requirement and submit it to the board. If the requirement is to be included in an existing water or wastewater service contract, it may be included at the earliest of the renewal or substantial amendment of that contract, or by other appropriate measures. M. _____ Documentation that the regional water planning group for the service area of the applicant has been notified of the applicant’s water conservation plan. Note: The water conservation plan may also include other conservation methods or techniques that the applicant deems appropriate. N. The Drought Contingency Plan (For Financial Assistance Programs) shall include: 1. _____ Trigger conditions. Describe information to be monitored. For example, reservoir levels, daily water demand, water production or distribution system limitations. Supply source contamination and system outage or equipment failure should also be considered. Determine specific quantified targets of water use reduction. 2. _____ Demand management measures. Refers to actions that will be implemented by the utility during each stage of the plan when predetermined triggering criteria are met. Drought plans must include quantified and specific targets for water use reductions to be achieved during periods of water shortage and drought. Supply management measures typically can be taken by the utility to better manage available water supply, as well as the use of backup or alternative water sources. The demand management measures should curtail nonessential water uses, for example, outdoor water use. 3. _____ Initiation and termination procedures. The drought plan must include specific procedures to be followed for the initiation or termination of each drought response stage, including procedures for notification of the public. 4. ______ Variances and enforcement. The plans should specify procedures for considering (approving and denying) variances to the plan. Equally as important is the inclusion of provisions for enforcement of any mandatory water use restrictions, including specification of penalties for violations of such restrictions. 5. ______ Measures to inform and educate the public. Involving the public in the preparation of the drought contingency plan provides an important means for educating the public about the need for the plan and its content. 0. ______ Adopt the plan. No plan is complete without formal adoption by the governing body of the entity. For a municipal water system, adoption would be by the city council as an ordinance, or a resolution by an entity’s board of directors. P. ____ Reporting Requirement: Identify who will be responsible for preparing an annual report. Loan/Grant Recipients must maintain an approved water conservation program in effect until all financial obligations to the state have been discharged and shall report annually to the executive administrator of the TWDB on the progress in implementing each of the minimum requirements in its water conservation plan and the status of any of its customers’ water conservation plan required by contract, within one year after closing on the financial assistance and annually thereafter. The content and format for the annual reporting is included in the form: Water Conservation Program Annual Report, WRD-265. Assistance: For information and assistance with Financial Assistance Programs contact: Adolph L. Stickelbault (adolph.stickelbault@twdb.state.tx.us) Texas Water Development Board PO Box 13231 Austin, Texas 78711-3231 512-936-2391 For information and assistance for utilities with over 3,300 connections contact: Ethan Ham (ethan.ham@twdb.state.tx.us) Texas Water Development Board PO Box 13231 Austin, Texas 78711-3231 512-463-4292 Municipal Plan Assistance and Forms: http://www.twdb.state.tx.us/assistance/conservation/Municipal/Plans/CPlans.asp Best Management Practices Information: http://www.twdb.state.tx.us/assistance/conservation/TaskForceDocs/WCITFBMPGuide.pdf Quantification Techniques: http://www.twdb.state.tx.us/assistance/conservation/gdsstudy.asp 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-146-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:11/19/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Review and Approve Financial Statements & Variance Report a. October 2010 Attachments:October 2010 Monthly Financial Statements.pdf October 2010 Monthly Financial Statements-2.pdf Action ByDate Action ResultVer. File #: 2010-146-M1, Version: 1 Title Review and Approve Financial Statements & Variance Report a. October 2010 Body Reminder, as a result of meeting one week earlier in December, the Board will only approve October Financials and Variance Report. November Financials will be available at the January meeting. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-141-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:11/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Discuss and take appropriate action regarding First Financial Bank Resolution, amending Authorized Representatives on signature accounts. Attachments:First Financial Resolution.pdf Action ByDate Action ResultVer. File #: 2010-141-M1, Version: 1 Title Discuss and take appropriate action regarding First Financial Bank Resolution, amending Authorized Representatives on signature accounts. Body Due to the recent personnel reorganization, the signature accounts at First Financial Bank need to be updated. The signors will be District Manager Scott; MUD Secretary Moore; and Secretary/Treasurer Carr. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-148-M1 Name: Status:Type:M1 Bids Regular Session File created:In control:11/29/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Discuss and take action to accept or reject bids received for the Screen Rake Installation at the Wastewater Treatment Plant. (Scott) Attachments:Bid Recommendation-Screen Rake.pdf Final Bid Tab-Screen Rake.pdf Fryer Construction-Screen Rake.pdf References-Fryer Construction.pdf Action ByDate Action ResultVer. File #: 2010-148-M1, Version: 1 Title Discuss and take action to accept or reject bids received for the Screen Rake Installation at the Wastewater Treatment Plant. (Scott) Body Please refer to attachment entitled, Final Bid Tab. Please note: Deltatek has no previous project experience with the low bidder, Fryer Construction Company , and has requested a list of references in order to properly evaluate this contractor before making a formal recommendation for award. 14114 Dallas Parkway, Suite 480 Dallas, Texas 75254 Firm Registration No. F-4419 469-374-9800 Fax 469-374-9801 Email: bn@deltatekeng.com November 30, 2010 Mr. Robert Scott District Manager Trophy Club Municipal Utility District 100 Municipal Drive Trophy Club, Texas 76262 Reference: Trophy Club Wastewater Treatment Plant Screen Rake Installation Bid Review and Recommendation Dear Mr. Scott: On November 23, 2010 the Trophy Club MUD received six (6) sealed bids for the renovation of the referenced facility. These bids have been tabulated and attached to this correspondence for your use. Deltatek Engineering has reviewed these bid documents and submits the following opinion and recommendation. Based on review of the bid submitted by Fryer Construction Company and references provided by this contractor, it is our opinion that the low bidder is qualified to perform this task in accordance with construction documents. Therefore, we have no objection to awarding this project to Fryer Construction Company for lump sum of $199,900.00. It should be noted that the Engineer’s opinion of probable cost calculated at $220,000.00. Should you have any questions, please call me at 469-374-9800. Sincerely, DELTATEK ENGINEERING Bahram Niknam, P.E. Attachments: Bid Tabulation Reference Check Lists 1 & 2 Original Bid Documents Bid Opening Date:# Qty Unit Unit Price Extended Price Unit PriceExtended PriceUnit Price Extended Price Unit Price Extended Price11LS$6,500.00 $6,500.00$14,000.00 $14,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.0021LS$10,000.00 $10,000.00$10,000.00 $10,000.00 $2,000.00 $2,000.00 $20,000.00 $20,000.0031LS$2,000.00 $2,000.00$2,000.00 $2,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.0041LS$2,500.00 $2,500.00$10,000.00 $10,000.00 $2,000.00 $2,000.00 $3,000.00 $3,000.0051LS$138,050.00 $138,050.00$148,000.00 $148,000.00 $161,000.00 $161,000.00 $152,000.00 $152,000.006Telephone / FaxNovember 23, 2010Bid No. 1 Bid No. 2 Bid No. 3 Bid No. 41175 Highway 11, NorthAthens, TN 37303423-745-5000 / 423-745-52526Bid/Project Name: Trophy Club WWTP Screen Rake InstallationItemBonds & Insurance.Mobilization.Furnish and install labor and materials to install a 10’ x 10’ x 4” reinforced concrete service pad for an Owner supplied dumpster.Doug WasikNovember 19, 2010Bids Issued: 11Bids Rec'd:Fryer Construction CompanyP.O. Box 76Argyle, TX 76226940-395-3433 / 940-464-7669J.S. Haren CompanyJ.S. Harenjsharen1@aol.comdakeconstruction@sbcglobal.netAUI Contractors, LLC4775 North Freewaylowbid@auigc.comFt. Worth, TX 76106817-926-4377 / 817-926-4387Email2nd Addendum:Name of BidderAddressCity, State, ZipFurnish and install new influent bar screen.Furnish and install new shaftless screw BID SCHEDULEFurnish and install labor and materials to perform selective demolition to prepare the influent basin for installation of new influent bar screen.Steve Dake1st Addendum: November 18, 2010Seve Dake Construction3911 Blue Feather CourtArlington, TX 76016817-454-6508 / 817-572-6919fyertx@verizon.netDonald FryerContact1LS$15,950.00 $15,950.00$10,000.00 $10,000.00 $14,000.00 $14,000.00 $15,000.00 $15,000.0071LS$1,400.00 $1,400.00$500.00 $500.00 $3,000.00 $3,000.00 $1,000.00 $1,000.0081LS$9,000.00 $9,000.00$5,000.00 $5,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.0092DA$2,000.00 $4,000.00$500.00 $1,000.00 $1,500.00 $3,000.00 $2,000.00 $4,000.00101LS$500.00 $500.00$500.00 $500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00111LS$10,000.00 $10,000.00$10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $199,900.00 $211,000.00 $212,000.00 $222,000.00Bid Bond ReceivedAddenda AcknowledgedManufacturers startup and training on new equipment.Bid Bond ReceivedNotes:Construction contingency to be used only with written approval of the Engineer.Addenda AcknowledgedTOTAL ALL ITEMS:conveyor.Furnish and install labor and materials to support conveyor per manufacturer’s instructions.Furnish and install labor and materials to provide electrical power to bar screen and conveyor from existing MCC and breaker panel. Includes new wiring, j-boxes, conduit, terminations, etc.Bid Bond ReceivedAddenda Acknowledged Math error bid was $213,000.00 Fryer Construction CompanyLow Bid Vendor:Did not affect outcomeSite cleanup and restoration. Addenda AcknowledgedBid Bond ReceivedDELTATEK ENGINEERINGFirm Registration No. F-4419 14114 DALLAS PARKWAY, SUITE 480DALLAS, TEXAS 75254469-374-9800bn@deltatekeng.com1 Bid Opening Date:#QtyUnit11LS21LS31LS41LS51LS6Telephone / FaxNovember 23, 20106Bid/Project Name: Trophy Club WWTP Screen Rake InstallationItemBonds & Insurance.Mobilization.Furnish and install labor and materials to install a 10’ x 10’ x 4” reinforced concrete service pad for an Owner supplied dumpster.November 19, 2010Bids Issued: 11Bids Rec'd:Email2nd Addendum:Name of BidderAddressCity, State, ZipFurnish and install new influent bar screen.Furnish and install new shaftless screw BID SCHEDULEFurnish and install labor and materials to perform selective demolition to prepare the influent basin for installation of new influent bar screen.1st Addendum: November 18, 2010ContactUnit Price Extended Price Unit Price Extended Price$6,000.00 $6,000.00 $8,000.00 $8,000.00$5,000.00 $5,000.00 $5,970.00 $5,970.00$2,500.00 $2,500.00 $2,270.00 $2,270.00$2,000.00 $2,000.00 $1,000.00 $1,000.00$181,000.00 $181,000.00 $190,000.00 $190,000.00Bid No. 6Legacy Contracting, LP dba2530 N. Hwy. 287, #320Decatur, TX 76234940-626-1415 / 940-626-1486georgeb@csi5.comGeorge BrownDean PorterBid No. 5Red River Construction2804 Capital StreetWylie, TX 75098972-578-0127 / 972-578-1043dean.porter@redriverconstrution.com1LS71LS81LS92DA101LS111LS Manufacturers startup and training on new equipment.Notes:Construction contingency to be used only with written approval of the Engineer.TOTAL ALL ITEMS:conveyor.Furnish and install labor and materials to support conveyor per manufacturer’s instructions.Furnish and install labor and materials to provide electrical power to bar screen and conveyor from existing MCC and breaker panel. Includes new wiring, j-boxes, conduit, terminations, etc. Fryer Construction CompanyLow Bid Vendor:Site cleanup and restoration. $15,000.00 $15,000.00 $17,000.00 $17,000.00$2,500.00 $2,500.00 $1,600.00 $1,600.00$6,500.00 $6,500.00 $7,000.00 $7,000.00$1,500.00 $3,000.00 $4,000.00 $8,000.00$10,000.00 $10,000.00 $695.00 $695.00$10,000.00 $10,000.00 $10,000.00 $10,000.00 $243,500.00 $251,535.00Did not affect outcomeAddenda AcknowledgedMath error bid was $233,500.00Bid Bond ReceivedAddenda AcknowledgedBid Bond ReceivedDELTATEK ENGINEERINGFirm Registration No. F-4419 14114 DALLAS PARKWAY, SUITE 480DALLAS, TEXAS 75254469-374-9800bn@deltatekeng.com2 FFF RRR YYY EEE RRR CCC OOO NNN SSS TTT RRR UUU CCC TTT III OOO NNN CCC OOO MMM PPP AAA NNN YYY Contractor’s Qualification & References Wastewater Construction & Improvement Projects FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy SCHEDULE A - Summary of Projects Constructed and Under Construction MUNICIPAL WATER PROJECTS Project Location Amount Facility Capacity Year Completed Hidden Cove Pressure Tanks Hackberry, TX $185,000 3 MGD Under Const North Oaks PS Imps. Haltom City, TX $700,260 7000 GPM Under Const North Point Water Well Krum, TX $190,000 300 GPM Under Const Enloe Pump Station Imps. Enloe, TX $141,000 76,000 Gals 2010 Raw Water Pump Station Trinidad, TX $89,900 0.40 MGD 2009 Fill Valves & SCADA Bridgeport, TX $200,500 n/a 2009 Harpool Permanganate Feed Little Elm, TX $209,100 40 MGD 2008 GST Rehabilitation Van Alstyne, TX $49,900 2 @ 100k Gals 2008 CGMA Improvements Van Alstyne, TX $292,100 1 MGD 2008 College Hill Pump Station Expansion Weatherford, TX $537,350 7 MGD 2008 Artesia Pump Station Prosper, TX $465,175 2 MGD 2006 Frisco Ranch Pump Station 2 Little Elm, TX $382,370 1 MGD 2005 Liquid Ammonia Feed River Oaks, TX $66,311 3 MGD 2004 Liquid Ammonia Feed Rhome, TX $47,919 1 MGD 2004 MUNICIPAL WASTEWATER PROJECTS Project Location Amount Facility Capacity Year Completed Clarifier Addition Granbury, TX $245,000 30,000 GPD Under Const WWTP Improvements Lakeside, TX $415,800 30,000 GPD 2010 Influent Screen Ponder, TX $188,475 0.30 MGD 2009 WWTP Improvements Alvord, TX $325,000 0.80 MGD 2009 Lift Station Valve Replacement Commerce, TX $75,000 6 MGD 2008 Wastewater System Improvements Blanket, TX $780,811 35,000 GPD 2008 BUILDINGS Project Location Amount Square Feet Year Completed Visitors Concession Building Argyle, TX $268,000 728 2009 Concession Stand Roof Argyle, TX $29,000 2,500 2005 GLAR Addition & Remodel Lewisville, TX $259,370 3,200 2005 Mooney Residence Argyle, TX $23,697 1,300 2003 FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy SCHEDULE A - Summary of Projects Constructed and Under Construction Cylinder Services Remodel Dallas, TX $10,850 n/a 2003 PAVING AND DRAINAGE PROJECTS Project Location Amount Amount of Pipe Year Completed Paving and Drainage Imps. Argyle, TX $115,215 1,000 LF 2004 AUMC Storm Drainage Imps. Argyle, TX $15,000 400 LF 2004 Football Field Drainage Argyle, TX $34,218 750 LF 2003 FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy PO Box 76 Argyle, Texas 76226 940-395-3433 SCHEDULE B - REFERENCES Bonding Davis – Dyer – Max, Inc. 3200 Broadway Boulevard, Suite 400 Garland, TX 75043 Allen Criss Phone: 972-864-0400 Fax: 972-278-8400 Banking Insurance Northstar Bank of Texas SIG Insurance Services 100 South Old Town Blvd. 2925 County Club Road, Suite 105 Argyle, TX 76226 Denton, TX 76210 Susan Curry, V.P. Bret Tomlinson Phone: 940-464-4200 Phone: 940-320-7701 Fax: 940-464-4201 Fax: 940-320-9005 Credit References Dunn & Bradstreet D-U-N-S Number 14-424-2109 Ferguson Waterworks Redi-Mix Concrete, L.P. Municipal Pipe #1107 1001 W. Euless Blvd., Suite 100 8007 NE Loop 410 Euless, TX 76040 San Antonio, TX 78219 Robert Graves, Sr. Area Credit Manager Bruce Carroll, Branch Manager Account Number 22450 Account Number 8262 Phone: 817-835-4000 Phone: 210-662-4902 Fax: 817-835-4035 Fax: 210-662-4825 RSC Rental Equipment Ingram Enterprises, L.P. 12997 North Freeway PO Box 1165 Fort Worth, Texas 76117 Brownwood, TX 76804 Doug or Steve Account Number 10462 Phone: 817-439-5600 Phone: 325-646-6518 Fax: 817-439-0111 Fax: 325-646-3415 Supply Depot 4041 Meacham Blvd. Forth Worth, Texas 76117 Account Number: FRY 0003 Phone: 817-581-1344 Fax: 817-656-3176 Gene Gohlke Bldg. Products 612 McKinney Denton, TX 76201 Phone: 940-382-1502 Fax: 940-381-0395 FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy PO Box 76 Argyle, Texas 76226 940-395-3433 SCHEDULE B - REFERENCES Customer References Matt Ingram Project: Enloe Pump Station Imps. Operator Year: 2010 Delta County M.U.D. 903-439-7546 Robert Wysocki Project: Lift Stations Rehabilitation Plant Operator Year: 2010 City of Star Harbor 903-603-1501 John Bailey Project: WWTP Improvements Plant Operator Year: 2010 Town of Lakeside 817-304-1589 Dr. Telena Wright Project: Visitors Concession Building Superintendent Year: 2009 Argyle I.S.D. 940-464-7241 Gary Morris Project: Influent Structure Public Works Director Year: 2009 Town of Ponder 940-465-0052 Earnest DoByns Project: WWTP improvements Public Works Director Year: 2009 City of Alvord 940-393-6831 James Hotopp, P.E. Project: College Hill Pump Station City of Weatherford Year: 2008 Phone: 817-598-4016 Jim Bob Willard (inspector) Project: Artesia Pump Station Denton County Fresh Water Supply District 10 Year: 2006 Prosper, TX Phone: 214-883-3205 Dee Cork (operator) Project: Frisco Ranch Pump Station Denton County Fresh Water Supply District 8C Year: 2005 PO Box 735 Collinsville, TX 76223 Phone: 214-773-9684 Todd Chiles Project: Building Renovation and Addition Executive Director Year: 2005 Greater Lewisville Association of REALTORS 997 South Edmonds Lane Lewisville, TX 75067 Phone: 972-221-4606 FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy PO Box 76 Argyle, Texas 76226 940-395-3433 SCHEDULE B - REFERENCES Bill Palmer Project: Settler’s Point Paving and Projects Inspector Drainage Improvements City of Argyle Year: 2004 800 Eagle Drive Argyle, TX 76226 Phone: 940-390-1963 Fax: 940-464-7297 Darrell Siems Projects: Argyle ISD Football Field Drainage & Maintenance Director Baseball Concession Stand Birdville Independent School District Location: Argyle, Texas 6119 East Belknap Year: 2003, 2005 Haltom City, TX 76117-4204 Phone: 817-547-5852 Fax: 817-831-5856 Engineer / Architect References STB Architects & Planners Project: Visitors Concession Building, Argyle ISD 8144 Walnut Hill Lane, Suite 460, LB 107 Dallas, TX 75231 214-739-8080 Rick Fisher, A.I.A. Gary Burton Engineering, Inc. Project: Influent Structure, Ponder 14531 State Highway 155 S. WWTP Improvements, Lakeside Tyler, TX 75703 903-561-6984 Gary Burton, P.E. Ray Brumley. P.E. Wani & Associates Project: Alvord WWTP Improvements P.O. Box 202024 Arlington, TX 76006 Phone: 817-652-2995 Dr. K.M. Wani, P.E. Hayter Engineering, Inc. Projects: Commerce, Van Alstyne, Trinidad 4445 S.E. Loop 286 Star Harbor and Enloe Paris, TX 75460 Phone: 903-785-0303 Mike Tibbets, P.E. Tom Pruitt, P.E. Enprotec / Hibbs & Todd Project: Wastewater System Improvements 402 Cedar Street Blanket, Texas Abilene, TX 79601 Phone: 325-698-5560 John Voller, PE FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy PO Box 76 Argyle, Texas 76226 940-395-3433 SCHEDULE B - REFERENCES Freese and Nichols Project: College Hill Pump Station Imps. 4055 International Plaza, Suite 200 City of Weatherford, TX Fort Worth, TX 76109-4895 Phone: 817-735-7286 Rachel A. Ickert, P.E. Petitt and Associates, Inc. Projects: Frisco Ranch and Artesia Pump Stations 300 Municipal Drive Richardson, TX 75080 Phone: 214-221-9955 Fax: 214-340-3550 Yanbo Li, Project Engineer Bob Petitt, Engineer of Record Cheatham & Associates Projects: Design engineers for cities of Argyle, 2233 Avenue J, Suite 107 Rhome, and River Oaks. Arlington, TX 76006 Phone: 817-548-0696 Fax: 817-265-8532 Eddie Cheatham, ext. 107 Bill Peck Project: Greater Lewisville Association of William Peck & Associates REALTORS 105 West Main Street Year: 2005 Lewisville, Texas 75057 Phone: 972-221-1424 FFrryyeerr CCoonnssttrruuccttiioonn CCoommppaannyy SCHEDULE C – Experience of Key Individuals Name Position Date Started with This Company Date Started in Construction Prior Positions Donald Fryer President Dec 17, 2002 July 7, 1980 V.P., Project Manager, Estimator, Superintendent, Field Engineer Surveyor Luciano Sterling Superintendent Oct 22, 2007 1975 Assistant Superintendent, Foreman, Carpenter See attached resumes. Professional Experience Donald G. Fryer Donald G. Fryer Summary of Experience Thirty years of experience in all facets of construction, from the field office to the corner office. Experienced with the overall and day-to-day management of a construction business and management of construction projects large and small, from conception to completion. Experienced with many types of projects, ranging from civil engineering projects to commercial buildings to high-tech facilities. Civil engineering projects involve potable and raw water pumping stations, water and wastewater treatment facilities including grass roots plants and rehabilitation and expansion of existing facilities, chemical feeding, drainage, and site improvement. Structures have been wood framed, reinforced concrete, post- tensioned concrete, and structural steel. Involved in the construction of commercial buildings including retail, office, and special industrial such as a food freezer and a semiconductor chip plant. Experienced with design-bid-build and design-build contract methods, both near and away from home, including some international experience. Well versed in the work of all trades while self-performing much of the work. Many of the projects have been at existing facilities where the new work was constructed while the customer successfully maintained operations. Education Bachelor of Science in Civil Engineering Iowa State University, Ames, Iowa. 1980 MBA Westminster College, Salt Lake City, Utah. 1992 Professional Affiliations Registered Professional Engineer (PE) in Utah Member – American Society of Civil Engineers Member – American Water Works Association Member – Argyle Chamber of Commerce Life Member – Iowa State University Alumni Association Team Member – 1993 Rotary International Group Study Exchange to the state of Madhya Pradesh, India. Community Affiliations Co-Chairman, Argyle ISD 2007 Bond Advisory Committee Past Chairman, Building Committee, Argyle UMC Past Treasurer, Argyle Youth Sports Association Board Member, Argyle Athletic Booster Club Board Member, Argyle Water Supply Corporation Professional Experience Donald G. Fryer Donald G. Fryer Summary of Professional Experience Fryer Construction Company Argyle, Texas Owner 2002-Present Cajun Constructors, Inc. Dallas, Texas Vice President, Manager of the Dallas Division 2000-2002 Tarlton Corporation St. Louis, Missouri Senior Project Manager 1998-2000 Sverdrup Civil, Inc. St. Louis, Missouri Operations Manager, Central Civil Construction Group 1996-1997 Big-D Construction Corporation Ogden, Utah Senior Project Manager / Senior Estimator 1994-1996 Alder Construction Company Salt Lake City, Utah Project Manager and Estimator 1983-1996 Combustion Engineering, Inc. Huntington, Utah Field Engineer 1983 LS Buildings, Inc. Mason City, Iowa Project Manager and Estimator 1982-1983 Mobil Oil Corporation Chicago, Illinois Field and Plant Engineer 1980-1982 SSuummmmaarryy ooff aallll PPrroojjeeccttss Donald G. Fryer MUNICIPAL WATER TREATMENT & PUMPING FACILITIES Project Location Value Facility Capacity Year Completed North Oaks PS Imps. Haltom City $685k 15.8 MGD Under Const Pump Station Imps. Enloe, TX $141k 76k Gals Under const North Point Well Krum, TX $190k 500 gpm Under Const Raw Water Pump Station Trinidad, TX $90k 0.40 MGD 2009 Fill Valves & SCADA Bridgeport, TX $200k n/a 2009 Harpool Permanganate Feed Denton County, TX $210k 40 MGD 2008 GST Rehabilitation Van Alstyne, TX $51k 200k Gals 2008 CGMA Improvements Van Alstyne, TX $290k 1 MGD 2008 College Hill PS Expansion Weatherford, TX $545k 7 MGD 2008 Artesia Pump Station Prosper, TX $470k 2 MGD 2006 Frisco Ranch Pump Station Little Elm, TX $382k 2 MGD 2005 Liquid Ammonia Feed River Oaks, TX $70k 3 MGD 2004 Liquid Ammonia Feed Rhome, TX $50k 1 MGD 2004 New Well Field St. Joseph, MO $10.80m 60 MGD 2000 Marden WTP Boise, ID $10.00m 8 MGD 1995 Sed Basin Expansion Layton, UT $1.70m 40 MGD 1994 Filter Modifications Sioux Falls, SD $2.90m 60 MGD 1994 Big Goose WTP Sheridan, WY $5.00m 4 MGD 1994 WTP Expansion Sheridan, WY $3.00m 4 MGD 1994 Water Reservoirs Sheridan, WY $1.40m 2.3 MG 1994 WTP 2 Expansion Layton, UT $1.90m 40 MGD 1992 Well Pump Building Sandy, UT $350k 2 MGD 1992 Ozone Facility Martinez, CA $230k 20 MGD 1991 Expansion and Rehabilitation Evanston, WY $3.00m 8 MGD 1989 Jordan Narrows Pump Station Bluffdale, UT $4.50m 114 MGD 1989 JA-2 Pump Station Kearns, UT $830k 30 MGD 1987 MUNICIPAL WASTEWATER TREATMENT FACILITIES Project Location Value Facility Capacity Year Completed Lift Station Rehabilitation Star Harbor, TX $113k n/a Under Const Mechanical Bar Screen Repairs Commerce, TX $33.8k 6 MGD Under Const SSuummmmaarryy ooff aallll PPrroojjeeccttss Donald G. Fryer WWTP Improvements Lakeside, TX $416k 30,000 GPD 2010 Influent Screen Ponder, TX $189k 0.30 MGD 2009 WWTP Improvements Alvord, TX $325k 0.80 MGD 2009 Lift Station Valve Replacement Commerce, TX $73k 6 MGD 2008 WW System Improvements Blanket, TX $780k 35,000 GPD 2008 WWTP Expansion Lodi, CA $10.00m 9 MGD 1992 Belt Filter Press Additions Salt Lake City, UT $1.20m 63 MGD 1991 Sludge Dewatering Facility Las Vegas, NV $4.60m 40 MGD 1990 Co-Generation Facility Orem, UT $300k 250 kW 1987 Anaerobic Digesters Salt Lake City, UT $12.10m 63 MGD 1987 Sludge Dewatering Facility Salt Lake City, UT $5.50m 63 MGD 1986 BUILDINGS Project Location Value Square Feet Year Completed Visitors Concession Building Argyle, TX $268,000 728 2009 Addition & Renovation Lewisville, TX $260,000 3,300 2005 Mooney Residence Argyle, TX $30,000 1,300 2003 Univ. of Mo. Parking Structure St. Louis, MO $7.4 m 230,000 2000 Micron Technology FAB 5 Lehi, UT $120.0 m 836,000 1996 Freezer and Cold Dock Salt Lake City, UT $5.0 m 66,218 1995 Retail Buildings Riverdale, UT $3.0 m 80,000 1995 Office Building Odgen, UT $2.3 m 67,500 1995 R&D Laboratory Promontory, UT $2.5 m 20,000 1996 North Iowa Recreational Arena Mason City, IA $500,000 50,000 1983 Walton Group Home Burlington, IA $400,000 6,000 1982 PAVING & DRAINAGE PROJECTS Project Location Value Facility Capacity Year Completed Paving and Drainage Imps. Argyle, TX $115,215 1,000 LF 2004 AUMC Storm Drainage Imps. Argyle, TX $15,000 400 LF 2004 Football Field Drainage Imps. Argyle, TX $32,000 750 LF 2003 Park Place Airport Parking St. Louis, MO $3.8 million 13 Acres 1997 Shopping Center Sitework Riverdale, UT $2.6 million 25 Acres 1995 SSuummmmaarryy ooff PPrroojjeecctt EExxppeerriieennccee Luciano Sterling Louie Sterling Summary of Experience Over thirty years of experience in all facets of construction in the field. Superintendent for the past eighteen years. Well experienced with the construction of facilities for the treatment water and wastewater as well as pumping and transmission. A majority of the experience has been working at existing facilities while they were in continued operation during construction. Experienced with self -performed work such as earthwork, concrete, carpentry, equipment installation, and piping systems. Equipment installed involves digester gas and aeration air blowers, sludge pumps, bar screens, grit removal, dissolved air aeration, conveyors, belt and gravity filter presses, clarifiers, filter backwash systems, filter bottoms, backwash troughs, surface washers, and disinfection equipment. Fryer Construction Company Argyle, Texas Superintendent 2007-Present Cajun Constructors, Inc. Dallas, Texas Superintendent 2000-2007 Basic Precast Salt Lake City, Utah Production Supervisor 1998-2000 Sverdrup Civil, Inc. St. Louis, Missouri Superintendent 1996-1998 Alder Construction Company Salt Lake City, Utah Superintendent 1990-1996 Carpenter 1975-1990 Project Information Wastewater Treatment Projects Project: Mechanical bar Screen Rehabilitation Project Location: WWTP, Commerce, Texas Customer: City of Commerce Engineer: Hayter Engineering, Inc., Paris, Texas Mike Tibbits, P.E. 903-785-0303 Value: $33,800 Completed: September 2010 Details: Re-constructed the Peabody Wells influent mechanical bar screen at the wastewater treatment plant. The screen was installed in 1980 and had been out of service for many years. We fabricated and installed a new stainless steel manual bar screen in the bypass channel and replaced the bar rack of the screen with a stainless steel one. We replaced the existing stub shafts with new stainless steel ones. We also replaced the dead plate and parts of the lower chain return rails. New OEM rake arms were installed and we repaired the rake scrapper. The HDPE chain was removed, cleaned, worn links were replaced, and it was reinstalled. Project: Lift Station Rehabilitation Project Location: Star Harbor, Texas Customer: City of Star Harbor Engineer: Hayter Engineering, Inc., Paris, Texas Mike Tibbits, P.E. 903-785-0303 Value: $112,800 Completed: September 2010 Details: Re-constructed the city’s two lift stations. The existing precast concrete lift stations exhibited significant deterioration of the walls. The concrete was restored by pressure washing loose and unsound material, applying 1.5” of polymer modified Reliner MSP® cement mortar and coating that with 125 mils of Standard 4553® epoxy. The discharge piping at each lift station was modified to install a valve vault with check and isolation valves. Flow into the lift stations was by-passed with an electric submersible pump and a diesel engine driven back-up pump. Project: Wastewater Treatment Plant Improvements Customer: Town of Lakeside John Bailey, Plant Operator 817-304-1589 Engineer: Gary Burton Engineering, Inc., Tyler, Texas Gary Burton, PE. Ray Brumley, P.E. 903-561-6984 817-599-9067 Value: $416,329 Completion: May 2010 Details: Construction of a new headworks, influent pump station, aerated lagoon, and effluent pump station at the existing 30,000 gpd (avg flow) treatment facility. Reinforced concrete headworks contains a manual bar screen, a Parshal flume, and ultrasonic flow meter. Precast concrete influent pump station has duplex 90 gpm submersible pumps. Moved and placed 6,500 CY of soil to construct a new 200,000 gallon partially aerated earthen lagoon with a 40 mil polypropylene membrane liner and two 1 hp surface aerators. Reinforced concrete effluent pump station with two 90 gpm horizontal end suction pumps. Installed a total of 1,836 feet of yard piping from 4” force main to 12” gravity sewer with one elevated creek crossing. Self-performed all earthwork including construction of the lagoon, concrete work, yard piping, exposed piping, and installation of pumps, aerators, and flume. New Lagoon in background with 6” DIP lagoon New headworks, influent lift station, 6” DIP lagoon effluent effluent. Project: Influent Screen Location: Ponder, Texas Customer: Town of Ponder Gary Morris, Public Works Director. 940-465-0052 Engineer: Gary Burton Engineering, Inc., Tyler, Texas Gary Burton, PE. 903-561-6984 Value: $191,075 Details: Construction of a new headworks and installation of a Huber RotaMat® screen. We saved the customer money by utilizing a gravity by-pass of the plant’s influent line in lieu of pumping during construction of the headworks. We self-performed all earthwork, concrete forming, placing, and finishing, and equipment installation. Completed July 2009 Project: 2003 Texas CDBG Wastewater System Improvements Location: Blanket, Texas Customer: City of Blanket Jack Jones, Mayor. 325-642-5807 Engineer: Enprotec / Hibbs & Todd, Abilene, Texas John Voller, PE. 325-698-5560 Value: $780,811 Details: Construction of a 35,000 gallon per day prefabricated package WesTech® wastewater plant and installation of new sewers and lift stations. Installed 2,500 LF of 6” gravity sewer, 1,600 LF of 4” force main, eight manholes, main lift station, an underdrain lift station, and four sludge drying beds. Self-performed all work with the exception of electrical and mass earthwork for the treatment plant pad. Completion Fall 2008 Project: Master Lift Station Valve Replacement Project Location: Commerce, Texas Customer: City of Commerce Engineer: Hayter Engineering, Inc. Paris, Texas Mike Tibbets, PE. 903-785-0303 Contractor: Fryer Construction Company Value: $78,000 Details: Removal and replacement of nine valves in the raw water lift station at the wastewater treatment plant. Removed and replaced three 12” gate valves and three 12” check valves on the discharge side of the dry-pit submersible pumps. Removed an existing 16” plug valve and replaced it with an 8” gate valve on the pump suction side. Flow into the plant was by-pass pumped during insertion of inflatable plugs into the pump suction in the wet well at each pump. The gate valve was replaced during the by-pass pumping and then the existing pump was returned to service while the check and plug valves were replaced. All work was completed in three weeks while the plant remained in operation. Completed April 2008 Project: Wastewater Treatment Plant Improvements Project Location: Alvord, Texas Customer: City of Alvord Engineer: Wani & Associates, Inc., Arlington, Texas Dr. K.M. Wani 817-437-3569 Value: $330,000 Completed: February 2009 Contractor: Fryer Construction Company Details: Constructed process improvements that included new sludge drying beds and a new tertiary effluent filter. Constructed two new sludge drying beds are 8’ 6” wide and 20’ 0” long. W ith Roberts Micowedge® dewatering blocks. A new polymer feed system was installed to mix polymer with the activated sludge prior to the beds. The work also involved new drain, water, and sludge inlet piping. We furnished and installed a 280 gpm tertiary filter between the clarifiers and chlorine contact tank. Filter was manufactured by Southwest Fluid Products, Inc. We installed new piping from the clarifier effluent manhole to the filter; filter effluent piping to the chlorine contact tank; and a new drain line from the filter to the plant influent pump station. Project: White Slough Water Pollution Control Facilities - 1989 Capacity Expansion Location: Lodi, California Customer: City of Lodi Engineer: Black & Veatch, Concord, California Value: $10.0 Million When: Completed 1991 Contractor: Alder Construction Company, Salt Lake City, UT Details: Constructed a 3.5 MGD capacity expansion – to 8.5 MGD total – of the existing wastewater treatment facility. Added two primary sedimentation basins with straight line sludge collectors, one aeration basin, two 120’ circular clarifiers, RAS/WAS sludge pumping station, one 60’ diameter anaerobic digester. Also added new headworks pumps, new aeration blowers, dissolved air floatation system, digester gas handling system with new waste gas burner, and modified and expanded the chemical feed and chlorine disinfection systems. We also performed major architectural remodeling and renovation to the administration and laboratory facilities. Digester improvements involved construction of one new 60’ diameter anaerobic digester with fixed cover, two digester gas recirculation blowers, sludge mixing pumps, spiral heat exchanger, and waste gas flare. Gas recirculation blowers incorporated the new digester as well as the two existing. One existing floating digester cover was removed, sand blasted, repaired, painted, and reinstalled. We self-performed all earth work, including 50,000 CY of excavation, 6,000 CY of concrete, all equipment installation, and all piping. All work was performed while the facility remained in operation treating wastewater and seasonal industrial wastewater. Project: Wastewater Treatment Improvements Location: Menomonie, Wisconsin Customer: City of Menomonie Value: $4.8 Million When: Completed 1997 Contractor: Sverdrup Civil, Inc., St. Louis, Missouri Details: Constructed modifications of an existing municipal wastewater treatment plant to increase capacity and provide enhanced treatment with biological phosphorus removal. New work consisted of a new headworks, new RAS/WAS pump station, aeration basin expansion, chlorine contact basin, sludge dewatering facility. Retrofitted and remodeled several existing structures for new processes. Equipment furnished and installed: fine screen, grit cyclone, RAS/WAS pumps, aeration air blowers, fine bubble diffusers, chlorine feed, belt filter press, chemical feed, and new drives on two existing clarifiers. All work was performed while the facility remained in operation. Self-performed all demolition and concrete work, equipment installation and installed all piping systems. Project: Cogeneration Facility, Orem Wastewater Treatment Plant Location: Orem, Utah Customer: City of Orem Engineer: Rollins, Brown, and Gunnell, Inc., Provo, Utah Value: $281,863 When: Completed 1988 Contractor: Alder Construction Company, Salt Lake City, UT Details: Constructed a cogeneration facility utilizing digester sludge gas. Constructed a 400 square foot building, installed (owner-furnished) 150 kw engine/generator set, two 1.2 million BTU (sludge gas) boilers and heat recovery system with hot water circulation pumps and spiral heat exchanger. Also installed natural gas feed, gas mixing equipment, and a new waste gas burner. We self-performed all earth work, concrete, precast building erection, all equipment installation, and all piping. All work was performed while the facility remained in operation. Project: Central Valley Water Reclamation Facility Solids Dewatering and Compost Mixing Building Location: Salt Lake City, Utah Customer: Central Valley Water Reclamation Facility. www.cvwrf.org Engineer: DMJM, Salt Lake City / Brown & Caldwell, Walnut Creek, CA Value: $5.5 Million and $1.2 Million When: Completed 1986 and 1992 Contractor: Alder Construction Company, Salt Lake City, UT Details: Construction of 22,000 square foot reinforced concrete building and 680 lineal feet of buried utility tunnel 14’ wide x 17’ tall. The building contains six two meter belt filter presses; four 36” conveyors; one sludge grinder; two rotary lobe sludge feed pumps; chemical feed systems for polymer, alum, and ferric chloride including four bulk storage tanks, three mixing tanks, and various pumps for sludge dewatering at a total loading rate of 292,000 pounds per day. We self-performed all earth work, concrete, steel erection, equipment installation, and all plumbing and process piping. This project is the solids handling for the entire 75 MGD facility. Three belt filter presses and two conveyors were installed six years after completion of the initial project. Project: Central Valley Water Reclamation Facility Anaerobic Digesters 1-5 Location: Salt Lake City, Utah Customer: Central Valley Water Reclamation Facility. www.cvwrf.org Engineer: DMJM, Salt Lake City / Brown & Caldwell, Walnut Creek, CA Value: $12.1 Million When: Completed 1987 Contractor: Alder Construction Company, Salt Lake City, UT Details: Construction of five one million gallon anaerobic digesters. Constructed one complex with four digesters and a two-story sludge and gas handling building and one complex with one digester a partial two-story sludge and gas handling building with provision for future expansion. Part of a 75 MGD facility. Each digester is 85 feet in diameter with floating gas-collecting covers, producing 132,000 cubic feet per day. Dedicated to each digester are a sludge recirculation pump (Wemco) and heat exchanger, digested sludge transfer pump (Mono), digester gas circulation blower (Dresser Roots), natural gas dilution blowers (Eclipse) and digester gas transfer blowers (Spencer Turbine) to move gas to the cogeneration facility. A dual 8” waste gas flare (Oceco) was installed that handled the five digesters. All work was in Class I, Division II hazardous areas. This project also included the construction of 401 LF of utility tunnels. The tunnels are 14’ square and constructed by the cut and cover method. The tunnels carried all piping, electrical, and controls about the entire 88 acre site. We self -performed all earth work, concrete, steel erection, equipment installation including digester cover erection and all plumbing and process piping. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-89-M1 Name: Status:Type:M1 Bids Regular Session File created:In control:6/11/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Discuss and take appropriate action to award / reject bids received for Trinity Well No. 2 Project. (Scott) Attachments:Bid Tab-2nd Re-Bid-Trinity Well No2.pdf Action ByDate Action ResultVer. RejectTrophy Club Municipal Utility District No. 1 6/15/2010 1 Pass File #: 2010-89-M1, Version: 1 Title Discuss and take appropriate action to award / reject bids received for Trinity Well No. 2 Project. (Scott) Body Excerpt from the November 16th Board minutes: Staff directed to do a cost benefit analysis and bring that analysis back to the Board for their review and input. BID TAB - TRINITY WELL NO. 2Collier Engineering #Est. QtyUnitItem DescriptionTwo-PieceSingle-PieceTwo-PieceSingle-PieceTwo-PieceSingle-Piece11LS 1SWPP$15,000$15,000$6,500$6,500$6,700$6,70021LSLocation of Utilities$1,500$1,500$2,500$2,500$800$80031LSClear/Grade site$10,000$10,000$3,600$3,600$1,000$1,00041LSConstruct/Repair access road$36,000$36,000$20,000$20,000$16,600$16,6005a1LSLabor/Materials/Equipment 2-piecepotable water supply well$725,000$775,000$644,2005b1LSLabor/Materials/Equipment 10" single-piece water supply well$655,000$604,750$615,30061LSFurnish/Install testing equipment - 36-hour pump test$25,000$25,000$46,000$46,000$1,000$1,00071LSFurnish/Install 6" pipe, airline, seal slab & well head$50,000$50,000$53,000$53,000$43,100$43,10081LSFurnish/Install pump end$10,000$10,000$9,800$9,800$6,800$6,80091LSFurnish/Install 200 hp submersible well motor $55,000$55,000$60,600$60,600$65,300$65,300101LSFurnish/Install electrical system$56,000$56,000$20,500$20,500$41,300$41,300111LSCollier Consulting - Geophysical Logging of pilot hole$9,000$9,000$9,000$9,000$9,000$9,000121LSCollier Consulting - 36-hour pump test & data analysis$4,500$4,500$4,500$4,500$4,500$4,500$997,000$1,011,000$840,300$927,000$840,750$811,40013n/aVFDrill pilot/test hole per vertical foot "VF"$75.00$75.00$35.00$35.00$75.00$75.0014n/aVFReam surface casing interval per VF$55.00$55.00$34.00$34.00$85.00$85.00Trinity Well No. 2 3Wednesday, November 10th, 2010 - 2:00 pcharlie.liesberger@alsayinc.comName of BidderContactPhoneEmailAddressCity, State, ZipBid Project Name:Bid Opening Date:Number Bids Received:AlsayHouston, TX 77066Charles Liesberger281-444-6960 6615 Giant Road Central Texas Water WellP.O. Box 1184Bowie, TX 76230Nelson ThomasConroe, TX 77301Michael Weisinger936-756-7721mweisinger@weisingerinc.comTwo-piece Base Bid Amount (Items 1-12) TOTAL:Single-piece Base Bid Amount (Items 1-12) TOTAL:EXHIBIT A, PAGE 3BID SCHEDULETROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2940-366-1371wntdrill@yahoo.comWeisinger, Inc.2200 East Davis 15n/aVFReam 10" single piece well per VF$55.00$55.00$30.00$30.00$100.00$100.0016n/aVFUnder-ream screened interval per VF$55.00$55.00$50.00$50.00$125.00$125.0017n/aVFFurnish/Install/Cement grouting 16" diamerter casing per VF$75.00$75.00$65.00$65.00$85.00$85.0018n/aVFFurnish/Install/Cement grouting 14" diameter casing in place of 16" casing-$5.50-$5.50-$10.00-$10.00-$10.00-$10.0019n/aVFFurnish/Install/Cement grout 10" diameter casing per VF$40.00$40.00$35.00$35.00$50.00$50.0020n/aVFFurnish/Install 10" diameter well screen $95.00$95.00$90.00$90.00$130.00$130.0021n/aVFFurnish/Install 10" diameter well blank $25.00$25.00$20.00$20.00$45.00$45.0022n/aVFFurnish/Install gravel pack per VF$15.00$15.00$10.00$10.00$40.00$40.0023n/aVFFurnish/Install 6" galvanized column pipe, cable, airline$50.00$50.00$45.00$45.00$35.00$35.0024n/aLFFurnish/Install 6" buried water line$100.00$100.00$10.00$10.00$50.00$50.0022n/aVFFurnish/Install 5" column pipe in lieu of 6" column pipe$2,000.00$2,000.00$24.00$24.00$1.45$1.4523n/aVFPlug back test hole$50.00$50.00$12.00$12.00$50.00$50.00241LSFurnish/Install 150 hp motor in lieu of 200 hp motor$3,000.00$3,000.00$6,000.00$6,000.00$500.00$500.00251LSFurnish/Install all stainless steel pump $18,000.00$18,000.00$4,000.00$4,000.00$5,300.00$5,300.00261LSCancellation of test pump/motor/testing equipment$0.00$0.00$17,000.00$17,000.00$500.00$500.00271LSDeletion electrical standby generator$0.00$0.00$4,000.00$4,000.00$500.00$500.00EXHIBIT A, PAGE 4 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-75-M1 Name: Status:Type:M1 Order Regular Session File created:In control:6/2/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Discuss and take appropriate action concerning repealing Order 2009-0915, and adopting Order 2010 -1214, to amend Attachment B, Section 2, Fees and Expense Policy, and Attachment F, Rules of Procedure. Attachments:M1-O-2010-1214-Code Of Conduct-TrackedChanges.pdf M1-O-2010-1214-Code Of Conduct-ac.pdf Agenda Item 15 Discussion Items-Sanders.pdf Action ByDate Action ResultVer. Discussion only - No action takenTrophy Club Municipal Utility District No. 1 6/15/2010 1 File #: 2010-75-M1, Version: 1 Title Discuss and take appropriate action concerning repealing Order 2009-0915, and adopting Order 2010- 1214, to amend Attachment B, Section 2, Fees and Expense Policy, and Attachment F, Rules of Procedure. .Body Excerpt from draft minutes of November 16, 2010 MUD 1 meeting: Director Sanders requested that we not approve tonight. Sanders felt that some items he felt should be included were not addressed. Sanders requested more time to review. With regard to payment of Directors' fees, Sanders would prefer to change 30 days to 60 days. Sanders requested further clarification and/or guidelines as to when a Director should receive compensation. Sanders stated that he would like the Board to agree on what the guidelines should be. Director Carr suggested having the Board review the document and then bring their suggested revisions to the December 6th Joint Session meeting. This will enable staff to have a document available for Board’s review by the next Board meeting (Tuesday, December 14th, 2010), to which the Board agreed. Discussion held; no action taken. This is the first draft proposal to amend Attachment B, Section 2, Fees and Expense Policy, Order 2009- 0915. This amendment is seen as being necessary due to the recent request by an ex-MUD Director for reimbursement after the fact for attending MUD meetings. Excerpt from June 15, 2010 minutes regarding request to amend Attachment F, Rules of Procedure (Order 2009-0915): Director Sanders went through each of the items and sought input from the Board. Item 1 - Comment only that meetings are conducted by Roberts Rules of Orders. Item 2 - Both President Thomas and Secretary/Treasurer Carr agreed to change. Item 4 - The District Manager will assist the Secretary/Treasurer - Agreed. Item 5 - Only one subject per agenda item - Agreed Item 6 - Right to the Floor - no one talks a second time until all other directors have had an opportunity to speak. Item 7 - Suspend Rules of Procedure requires two-thirds vote of directors present. Director Armstrong and Secretary/Treasurer Carr agreed. Item 8 - Add "Future Agenda Items" to Rules of Procedure - explanation only with no consensus taken. The Board directed Staff to make recommended changes/amendments to the Rules Of Procedure, by redline, and bring back to the Board for their review and approval. District Manager Scott requested Staff hold off on this issue until after we get through this budget process, and then we can work on this, to which the Board agreed. TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER NO. 2009-09152010-1214 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1, REPEALING ORDER 2009-09152006-0711, AND ADOPTING AN AMENDED CODE OF ETHICS, A FEES AND EXPENSE POLICY, POLICIES AND PROCEDURES FOR SELECTION AND REVIEW OF CONSULTANTS, POLICIES CONCERNING THE USE OF MANAGEMENT INFORMATION INCLUDING THE FORMATION OF AN AUDIT COMMITTEE, CODE OF CONDUCT, RULES OF PROCEDURE AND CERTAIN OTHER MATTERS; AND ADDING ATTACHMENT “E” - CODE OF CONDUCT; AND ADDING ATTACHMENT “F” - RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a Water District operating pursuant to Chapter 54 of the Texas Water Code; and WHEREAS, on July 11, 2006September 15, 2009, the District adopted Order 20096- 0915711 per the Texas Water Code Ann. §49.199, requiring the Board of Directors of the District to adopt certain policies and procedures in writing; including a code of ethics, an expense policy, policies and procedures for the selection and review of consultants, and policies concerning the use of management information and the formation of an audit committee and Rules of Procedure; and WHEREAS, the Board of Directors of the District now finds it prudent and wise to adopt amend bothadditional Attachment B, Fees and Expense and to aAttachment F, ddress Code of Conduct Rules of Procedure for its Board of Directors; and WHEREAS, the Board determines that in order to have a fair, ethical and accountable District it is in their best interest to repeal Order 20096-0915711 and adopt Order 20109- 12140915, adopting an amendment to Attachment B, Fees & Expense Policy and an amendment to Attachment F, Rules of Procedure, Code of Conduct, attached hereto as Attachment E and Rules of Procedure, attached hereto as Attachment F, in addition to the policies attached hereto as Attachements A-D. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: I. The Board of Directors hereby adopts in addition to the Code of Ethics (Attachment A); a Fees and Expense Policy (Attachment B); a Policy Concerning Selection, Monitoring, Review and Evaluation of Professional Consultants (Attachment C); , Policies Relating to Use of Management Information and Formation of an Audit Committee (Exhibit D); a Code of Conduct (Attachment E); and Rules of Procedure (Attachment F) hereof as its written policies and procedures required by Tex. Water Code Ann. §49.199. TCMUD 1 – ORDER 2010-1214 Page 2 of 20 II. The Joint Presidents and Joint Secretaryies of the Board of Directors are authorized to evidence adoption of this Order on behalf of the Board of Directors and to do all other things proper and necessary to carry out the intent hereof. This Order supersedes all previous Orders adopting any of the following: a Code of Ethics, a Fees and Expense Policy, a Travel Expense Policy, Policies and Procedures for Selection and Review of Consultants, or Policies Concerning the Use of Management Information Including the Formation of an Audit Committee or Rules of Procedure. ATTACHMENT A CODE OF ETHICS SECTION 1. Purpose. The purpose of this Code of Ethics is to set forth the standards of conduct and behavior for the members of the Board of Directors of Trophy Club Municipal Utility District No. 1 (the “District”), and its officers, and employees of the District (collectively with the Directors, the “District Officials”). SECTION 2. Policy. It is the policy of the District that District Officials shall conduct themselves in a manner consistent with sound business and ethical practices; that the public interest shall always be considered in conducting District business; that the appearance of propriety shall be avoided to ensure and maintain public confidence in the District; and that the Board shall control and manage the affairs of the District fairly, impartially, and without discrimination. Section 2.01 Qualification of Directors. A. A person shall not serve as a Director if he is disqualified by law from doing so. As of the date of adoption of this Code of Ethics, Section 49.052, Texas Water Code, disqualifies certain person from serving as directors of the District. B. Within sixty (60) days after the Board determines that any Director is disqualified from serving on the Board, it shall replace such Director with a person who is not disqualified. C. Any Director who is disqualified from serving on the Board under Section 2.01(a) who willfully occupies an office and exercises the duties and powers of that office may be subject to penalties under Section 49.052, Texas Water Code, including possible conviction of a misdemeanor and imposition of a fine. D. A Director is not qualified to serve on the Board if the Director simultaneously serves in another civil office, either elective or appointive, entitling the Director to compensation. Article XVI, Section 40, of the Texas Constitution, Appendix “B.” Section 2.02 Removal of Directors The Board by unanimous vote of the remaining Directors may remove a Director from the Board if that Director has missed one-half (1/2) or more of the regular meetings of the Board scheduled during the prior twelve (12) months. See Section 49.052 , Texas Water Code. TCMUD 1 – ORDER 2010-1214 Page 3 of 20 SECTION 3. Conflicts of Interest. A. The District adopts Chapter 171, Government Code, as its Conflict of Interest Policy, the principal provisions of which are as follows: Except where a majority of the Board of Directors is required to abstain from participation in a vote because of conflict of interest, a Director will abstain from participating in a decision of the Board of Directors which either (1) confers an economic benefit on a business in which the Director or a close relative has a substantial interest, or (2) affects the value of property in which the Director or a close relative has a substantial interest differently from how it affects other real property in the District. For these purposes, a person is considered to have a “substantial interest” in a business if (1) he owns ten percent (10%) or more of the voting stock or shares of the business entity or owns either ten percent (10%) or more or $5,000 or more of the fair market value of the business entity; or (2) funds received from the business exceed ten percent (10%) of his gross income for the previous year. A Person has a substantial interest in real property if the interest is an equitable or legal interest with a market value of $2,500 or more. A “close relative” of a Director for these purposes is a person related to the Director within the first degree of affinity or consanguinity. B. A Director who has a substantial interest in any matter involving the business entity or real property shall disclose that fact to the other Directors by Affidavit. The Affidavit must be filed with the Secretary of the Board. An interested Director shall abstain from further participation in the matter as set forth in Section 3(A). C. The Board shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a Director has a substantial interest. In the event of a separate vote, the Director may not participate in that separate vote, but may vote on a final budget if the Director has complied with Section 3. D. As of the date of adoption of this Code of Ethics, Chapter 176, Local Government Code, requires the disclosure of certain relationships by Directors, vendors, and certain prospective vendors to the District. A Director, vendor, or prospective vendor who has a relationship that requires disclosure under Chapter 176 shall disclose that relationship by completing the form prescribed by the Texas Ethics Commission and timely filing such form with the Records Administrator. A Director or vendor violating this Section may be subject to prosecution as a Class C misdemeanor under Sections 176.003 and 176.006(f), Local Government Code, respectively. SECTION 4. Conduct of District Business. Each District Official will conduct all business of the District in a manner consistent with the requirements of applicable law and the Texas Open Meetings Act. SECTION 5. Acceptance of Gifts. No District Official shall accept any benefit as consideration for any decision, opinion, recommendation, vote, or other exercise of discretion in carrying out his official acts for the District. No District Official shall solicit, accept, or agree to accept any benefit from a person known to be interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of the District’s Official’s discretion. As used herein, “benefit” shall not include: (1) A fee prescribed by law to be received by a public servant or any other benefit to which the District Official is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a District Official; TCMUD 1 – ORDER 2010-1214 Page 4 of 20 (2) A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the status of the recipient as a District Official; (3) A political contribution, as defined by the Election Code; (4) A benefit consisting of food, lodging, transportation, or entertainment accepted as a guest; or (5) A benefit to a District Official required to file a financial statement under the Texas Election Code that is derived from a function in honor or appreciation of the recipient if: (A) The benefit and the source of any benefit in excess of $50.00 is reported in the required financial statement; (B) The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with its official duties for the District which are non-reimbursable by the District; or (C) An item with value of less than $50.00, excluding cash or negotiable instrument; or (D) An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity. SECTION 6. Bribery A District Official shall not intentionally or knowingly offer, confer, or agree to confer on another, or solicit, accept, or agree to accept from another, any benefit as consideration when to do so is prohibited by law. As of the date of adoption of this Code of Ethics, Section 36.02, Texas Penal Code, lists the offenses that are considered bribery when committed by District Officials. Violations of penal laws may subject a District Official to criminal prosecution. SECTION 7. Acceptance of Honoraria. A Director shall not solicit, accept or agree to accept an honorarium as prohibited by law. As of the date of the adoption of this Code of Ethics, Section 36.07, Texas Penal Code, provides the circumstances in which a Director may not accept an honorarium. Violations of penal laws may subject a District Official to criminal prosecution. SECTION 8. Lobbying. Should the Texas Ethics Commission by rule require any District Officials directly communicating with legislative or executive branch officials to register as lobbyists, District Officials shall comply with such rule. See Government Code, Section 305.0051. The District shall not reimburse from District funds the expenses of any person in excess of $50.00 for direct communications with a member of the legislative or executive branch unless the person being compensated resides in the district of the member with whom the person communicates or files a written statement which includes the person’s TCMUD 1 – ORDER 2010-1214 Page 5 of 20 name, the amount of compensation or reimbursement, and the name of the affected political subdivision with the Secretary of State. This provision does not apply to registered lobbyists, a full-time employee of the District or an elected or appointed District Official. ATTACHMENT B FEES AND EXPENSE POLICY SECTION 1. Purpose. The purpose of this Expense Policy is to set forth the policies of Trophy Club Municipal Utility District No. 1 (the “District”) concerning per diem and travel expenses for members of the Board of Directors of the District. SECTION 2. Per Diem for Directors. Pursuant to Section 49.060 of the Texas Water Code, as amended, Directors are entitled to receive as fees of office $150.00 a day for each day the Director actually spends performing the duties of a director, provided the fees shall not exceed a sum of $7,200 per annum. “Performing the duties of a director” means substantive performance of the management or business of the District, including participation in board and committee meetings and other activities involving the substantive deliberation of District Business and in pertinent educational programs. The phrase does not include routine or ministerial activities such as the execution of documents, self-preparation for meetings, or other activities requiring a minimal amount of time. Directors may attend other meetings relating to the management or business of the District and receive fees of office and expenses at the discretion of each director. At every monthly MUD Board meeting, Directors will receive a FEE PAYMENT REQUEST. Each Director in attendance at said meeting will be required to complete a FEE PAYMENT REQUEST. Directors will have two options: 1) Request payment or 2) Decline payment. Any Director who fails to complete/submit a FEE PAYMENT REQUEST will be emailed or if no email address, mailed a FEE PAYMENT REQUEST by the MUD Secretary, requesting the Director complete and sign the FEE PAYMENT REQUEST. If the Director wishes to DECLINE payment, the Director may indicate such via an electronic transmission, via regular mail or submit the Request in person to the MUD Secretary. Directors attending “outside” meetings on District business who wish to receive payment for attendance at such meeting shall have thirty (30) days from the date of said meeting in which to submit a FEE PAYMENT REQUEST for payment. Any FEE PAYMENT REQUEST received after thirty (30) days shall come before the MUD Board for approval. All Directors requesting and receiving reimbursement for attending District business outside of the monthly Board meetings shall be required to provide an update/report to the Board either in person at the very next meeting or provide an update/report via an electronic transmission to the MUD Board and the District Manager. SECTION 3. Attendance at Meetings and Conduct of Other District Business. Board members may attend conferences and meetings of the Association of Water Board Directors, at the District’s expense, whether within or outside the Town of Trophy Club. Attendance at other conferences, hearings, or other meetings outside of Trophy Club by the members of the Board of Directors must be sanctioned by the Board of Directors; attendance at local meetings or conduct of other local District business will be at each Director’s discretion. TCMUD 1 – ORDER 2010-1214 Page 6 of 20 Directors attending any meeting or conducting any District business shall report to the Board concerning the meeting or activity. SECTION 4. Expenses Outside of Trophy Club. The District will pay a reasonable room rate for a director’s hotel room, if District business requires that the director be out of Trophy Club, reasonable tips incurred in making the trip, roundtrip mileage at the current IRS mileage rate and parking, if any, for travel by car or roundtrip airfare at current commercial rates for standard (not first class) air fare and reasonable rental car or taxi charges. The District will pay for meals actually eaten and paid for by the Director on a sanctioned trip outside of Trophy Club; provided, however, reimbursement for meals will be limited to $75.00 per day per person. Appropriate documentation listing the person in attendance and a description of the business discussed at the meeting or activity is required. No reimbursement shall be made for the purchase of alcoholic beverages for a director, spouse, employee or guest. No reimbursement shall be made for the meals of a spouse of a director or employee. SECTION 5. Expenses for Local Meetings and Activities. The District will pay for roundtrip mileage at the current IRS rate for travel by car, parking, and will pay meals directly related to the meeting or activity. Reimbursement for meals will be limited to $75.00 per day per person. Appropriate documentation listing the person in attendance and a description of the business discussed at the meeting or activity is required. No reimbursement shall be made for the purchase of alcoholic beverages for a director, spouse, employee or guest. No reimbursement shall be made for the meals of a spouse of a director or employee. SECTION 6. Reimbursement. Directors attending meetings or other activities and wishing to receive a per diem and/or expenses must submit a verified statement showing the number of days actually spent in service to the District and a general description of the duties performed for each day of service. To receive reimbursement for expenses, a Director must also submit an itemized expense report to the Senior Accountant before reimbursement is approved by the Board’s District Manager. Items on the expense report shall include lodging, meals, tips, parking and transportation. Directors sharing expense items may split reported expenses in any matter they deem equitable, but the Board will pay no more than 100% of the actual total cost of reimbursable items. SECTION 7. Extraordinary Expenses. Any extraordinary expenses for a Director attending a sanctioned activity of the District must be approved by the Board prior to incurring the expense. ATTACHMENT C POLICY CONCERNING SELECTION, MONITORING, REVIEW AND EVALUATION OF PROFESSIONAL CONSULTANTS SECTION 1. Purpose. The purpose of this Policy Concerning Selection, Monitoring, Review, and Evaluation of Professional Consultants is to set guidelines for the Board of Directors for Trophy Club Municipal Utility District No. 1 (the “District”) concerning its Professional Consultants. TCMUD 1 – ORDER 2010-1214 Page 7 of 20 SECTION 2. Definition of Professional Consultant. “Professional Consultant” shall include the District’s attorney, auditor, bookkeeper, financial advisor, and tax assessor/collector, and such other consultants other than employees that the District may hereafter engage. SECTION 3. Selection of Consultants. Whenever the Board of Directors of the District decides to terminate the services of one or more of its Professional Consultants, the Board shall request one or more proposals as required by the Professional Services Procurement Act, Section 2254.001 et seq., Government Code, except where selection of professional consultants is to be conducted by the Board in an open meeting, shall appoint a committee of one or two Directors to review any proposals received by the Board, to interview applicants, and to make a recommendation to the entire Board of Directors concerning the selection. SECTION 4. Monitoring of Professional Consultants. For those Professional Consultants with annual contracts, the Board of Directors of the District will review the performance of the Professional Consultants for the prior year at the time the contract is renewed. The Board of Directors shall review the performance of its other Professional Consultants, upon the request of one or more Directors. ATTACHMENT D POLICIES RELATING TO USE OF MANAGEMENT INFORMATION AND FORMATION OF AN AUDIT COMMITTEE SECTION 1. Purpose. The purpose of this Policy Relating to the Use of Management Information and Formation of an Audit Committee for Trophy Club Municipal Utility District No. 1 (the “District”) is to provide written policies concerning the use of management information. SECTION 2. Annual Budget. Prior to each fiscal year, the Board of Directors of the District shall adopt an annual budget for the next fiscal year for use in planning and controlling of costs. SECTION 3. Audit Committee. The District hereby appoints its Board of Directors as an audit committee to review the annual audit prepared by the District Auditor. The Board may designate a lesser number than the entire Board, but not less than two (2) Directors to serve as its audit committee. SECTION 4. Accounting Standards. The District hereby directs its auditor to adopt uniform auditing reporting requirements that use “Audits of State and Local Governmental Units” as a guide on audit working papers and that uses “Governmental Accounting and Financial Reporting Standards” for final audit reports (subject to the standards for audits prescribed by applicable Texas Commission on Environmental Quality Rules). TCMUD 1 – ORDER 2010-1214 Page 8 of 20 ATTACHMENT “E” TROPY CLUB MUD NO. 1 CODE OF CONDUCT Statement of Purpose The citizens and the businesses that Trophy Club MUD No. 1 (MUD 1) serves are entitled to have a fair, ethical and accountable District, which earns the public’s full confidence for integrity. It is the strong desire of the MUD District to fulfill this expectation; and, therefore requires that the MUD Directors: • Comply with both the letter and sprit of the laws and policies affecting the operations of the District; • Be independent, impartial and fair in their judgment and actions; and • Use their respective office or position for the public good and not for personal gain. To this end, the MUD Directors have adopted this Code of Conduct in order to assure public confidence in the integrity of its government and its effective and fair operation. Definitions The following words, terms and phrases, when used in this section, shall have the following meanings subscribed to them: Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or non-profit entity. MUD Board. The legislative and governing body of the District consisting of five (5) members; MUD President, Vice-President, Secretary/Treasurer, and two Directors. Employee. Any person employed by the District, including those individuals on a part-time basis, including independent contractors hired by the District for repetitive performance of services, but not independent contractors engaged for occasional services. Nepotism. Showing favoritism toward a relative (needs further definitions see State Law). The practice of hiring personnel or awarding contracts which favor a relative is prohibited by the District. Exclusions to this prohibition are: a. Employees who have been continuously employed by the District for more than two (2) years prior to the election or appointment of the Director. b. Individuals who are employees of the District as of the effective date of this policy. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, MUD Directors shall work for the common good of the people the District serves and not for any private or personal. The Directors shall assure fair and equal treatment of all persons, claims and transactions coming before the District. TCMUD 1 – ORDER 2010-1214 Page 9 of 20 2. Comply with the Law MUD Directors shall comply with the laws of the nation and the State of Texas in the performance of their public duties. These laws include, but are not limited to: the United States and Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and MUD Orders, resolutions and policies; the Texas Water Code; and the Texas Commission on Environmental Quality (TCEQ). 3. Conduct of MUD Directors The professional and personal conduct of MUD Directors must be above reproach and avoid even the appearance of impropriety. MUD Directors shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other MUD Director(s), employees, and the public. Discussions held in confidence and or in Executive and/or Closed Session shall be kept strictly confidential. Directors shall not violate and or divulge confidential discussions held during Executive and / or Closed Sessions and or private conversations. 4. Respect for Process MUD Directors shall perform their duties in accordance with the processes and Rules Of Order established by the MUD Board. 5. Conduct of Public Meetings MUD Directors have an obligation to attend meetings and to be prepared for public issues; to listen courteously and attentively to all public discussions before the body; and to focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit It is expected and required that MUD Directors review material, participate in discussions and base their decisions on the merits and substance of the matter at hand. 7. Communication Prior to permitting final action on a matter under consideration, MUD Directors shall publicly share substantive information, which they may have received from sources outside the public decision-making process that is relevant to such action by the MUD Board. 8. Conflicts of Interest and Disclosure MUD Directors shall familiarize themselves with and abide by the following conflicts of interest and disclosure statutes and principles: a. Chapter 171 of the Local Government Code which requires an officer, whether elected, appointed, paid, or unpaid, of a district exercising responsibilities beyond those that are advisory in nature, to file an affidavit disclosing a substantial interest in a business entity or property that would be beneficially affected by a decision of the governing body or of any other board or commission upon which the member serves and thereafter to abstain from participation in discussion and voting on the matter. Once the disclosure is made, the MUD Director is to remove himself from the meeting area to ensure his presence does not hinder the discussion of the item or influence the vote. TCMUD 1 – ORDER 2010-1214 Page 10 of 20 b. Section 176 of the Local Government Code which requires MUD Directors and the District Manager to file a conflicts disclosure statement disclosing any business relationship with a person or business doing business with the District or being considered by the District for a business relationship. c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of gifts of an aggregate value of more than $250.00 in the twelve (12) month period preceding the date that a Director becomes aware of a transaction described in Section 176, other than gifts of food, lodging, transportation, or entertainment accepted as a guest. d. Sections 553.001-553.003 of the Government Code which requires the filing of an affidavit before the date the District will acquire a property in which public servants has a legal or equitable interest. e. In order to assure their independence and impartiality on behalf of the public good, MUD Directors are prohibited from using their positions to influence government decisions in which they have a personal interest. 9. Corruption MUD Directors shall familiarize themselves with and abide by the Texas Penal Code mandates concerning corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and all other applicable state laws regulating or related to public service. 10. Political Advocacy MUD Directors shall not utilize the District’s name, logo, or their position for purposes of endorsing any political candidate, political position or business. 11. Confidential Information MUD Directors shall respect the confidentiality of information concerning District property, personnel or proceedings of the District. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests. 12. Use of Public Resources Directors shall not use public resources generally unavailable to the public, such as District staff time, equipment, supplies or facilities, for private gain or personal purposes. 13. Representation of Private Interests In keeping with their role as stewards of the public interest, Directors shall not appear on behalf of private interests of third parties before the MUD Board or any board, commission, committee, or proceeding of the District. 14. Advocacy Directors shall represent the official policies or positions of the MUD Board to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, MUD Directors shall explicitly state that they do not represent their body or the MUD District, nor will they allow the inference that they do. TCMUD 1 – ORDER 2010-1214 Page 11 of 20 15. Policy Role of Directors MUD Directors shall respect and adhere to the District’s structure as outlined in the Texas Water Code and the District’s policies and procedures. In this structure, the MUD Directors determine the policies of the District with the advice, information and analysis provided by the public, and District staff. Except as provided by District Order, MUD Directors therefore shall not interfere with the administrative functions of the District or the professional duties of the District staff; nor shall they impair the ability of Staff to implement MUD Board policy decisions. 16. Independence of Boards, Commissions, and Committees Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public decision-making process, MUD Directors shall refrain from using their position to influence unduly the deliberations or outcomes of any board, commission, committee, and advisory group proceedings. 17. Positive Workplace Environment MUD Directors shall support the maintenance of a positive and constructive workplace environment for District employees and for citizens and businesses dealing with the District. MUD Directors shall recognize their special role in dealing with District employees and refrain from creating the perception of inappropriate direction to Staff. 18. Implementation As an expression of the standards of conduct for MUD Directors expected by the District, this Code of Conduct is intended to be self-enforcing. It therefore becomes most effective when MUD Directors are thoroughly familiar with it and embrace its provisions. Ethical standards shall be included in the regular orientations for candidates for the MUD Board, and newly elected and appointed MUD Directors. MUD Directors entering office, shall sign a statement affirming they have read and understood the Trophy Club MUD No. 1 Code of Conduct and agree to be bound by its terms. In addition, the Code of Conduct shall be reviewed periodically by the MUD Directors, and the MUD Board shall consider recommendations for revision as it becomes necessary. 19. Compliance and Enforcement The Trophy Club MUD No. 1 Code of Conduct expresses standards of ethical conduct expected for Trophy Club No. 1 MUD Directors. MUD Directors themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The President(s) of the MUD Board has the additional responsibility to intervene when a MUD Director’s’ actions appear to be in violation of the Code of Conduct and are brought to their attention. The MUD Board may impose sanctions, such as reprimand, formal censure on a MUD Director whose conduct does not comply with the District’s ethical standards. The MUD Board also may act censure or reprimand a MUD Director in accordance with MUD 1 procedures and subject to the limitations set forth in Section 20 of this policy. The MUD Board finds and determines that these ethics and standards of conduct are necessary and appropriate in order to serve the legitimate goal of orderly governance, integrity and public confidence in government. TCMUD 1 – ORDER 2010-1214 Page 12 of 20 20. Procedure for Enforcement Upon good faith and belief that a MUD Director has violated any term or provision of this Code of Conduct, a party having such good faith and belief that a violation has occurred and wishing to initiate a formal review of the alleged violation shall file a written complaint with the MUD Secretary. The written complaint shall contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the specific sections allegedly violated; 4) Specific dates, approximate time of day, locations and other facts evidencing the alleged violations; and 5) any documentation evidencing that a violation of the Code of Conduct occurred. Upon receipt of a written complaint meeting all of the requirements set forth in the preceding paragraph, the MUD Secretary shall place the complaint on the next available regular District meeting agenda for which posting requirements may legally and procedurally be met. Alternatively, if the complaint does not meet all of the requirements set forth in the preceding paragraph, the MUD Secretary shall notify the Complainant in writing of the nature of the deficiency and no further action by the MUD Secretary or MUD Board shall be necessary, until such time the MUD Secretary can determine that the complaint meets the requirements of this section. Once placed upon the District agenda, the scope of the MUD Board review shall be limited to a determination of whether the complaint on its face presents a violation of this Code of Conduct for which sanctions, such as reprimand, or formal censure would be appropriate in order to serve the legitimate goal of orderly governance, integrity, and public confidence in government. Upon a majority vote of the MUD Board that the complaint merits further review and investigation, an item shall be placed on the next available regular District meeting agenda for which posting requirements may be legally and procedurally met. Additionally, upon majority vote, the MUD Board may specify any and all individual items of grievance from the Complaint that merit such review and investigation and that will be considered by the MUD Board at a subsequent hearing on the matter. At least seven (7) days prior to the hearing date, the MUD Secretary shall notify the respondent in writing of the date, time and place at which the MUD Board will conduct a hearing on the merits of the alleged complaint, and if MUD Board has by majority vote specified individual items for review and investigation at the hearing, such notice shall advise the Respondent of the scope of the hearing. Alternatively, if upon review of the complaint on its face a majority vote of MUD Board determines that further review and investigation is not warranted, then the Complainant shall be notified in writing of such vote, the written complaint shall be returned to the Complainant, and no further action shall be required by the MUD Secretary or MUD Board. At the subsequent MUD Board hearing, the Complainant and Respondent may present testimonial and or documentary evidence regarding the allegations contained within the Complaint. If the MUD Board determines that substantial evidence has been presented to support the allegation that a violation of the Code of Conduct has occurred and that the violation is detrimental to orderly governance, integrity, and public confidence in the District government, then the MUD Board may by majority vote impose sanctions, such as reprimand, or formal censure, as determined appropriate to serve the legitimate goals of this policy. All procedural rules of the MUD Board shall apply to proceedings conducted pursuant to this Section. The complaint procedure specified in this Section shall only be applicable to those MUD Directors who are appointed and/or elected and for the conduct of such official that occurs during the official’s term of office on a MUD board. TCMUD 1 – ORDER 2010-1214 Page 13 of 20 STATEMENT OF COMMITMENT As a member of the Trophy Club MUD No. 1 Board, I agree to uphold the Code of Conduct by adhering to the following model of behavior. I will: • Recognize the worth of individual MUD Directors and appreciate their individual talents, perspectives and contributions; • Help create an atmosphere of respect and civility where individual MUD Directors, MUD staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for public benefit; • Avoid and discourage conduct which is divisive or harmful to the best interests of Trophy Club MUD No. 1; • Treat all people with whom I come in contact in a manner I wish to be treated; • Before I speak or act I will ask myself the following questions: 1. Is it the truth? 2. Is it fair to all concerned? 3. Will it build goodwill and better relationships? 4. Will it be beneficial to all concerned? I affirm that I have read and that I understand, accept and support the Trophy Club MUD No. 1 Code of Conduct. _____________________________________________ Print Name _____________________________________________ Position/Title _________________________________ __________________________ Signature Date TCMUD 1 – ORDER 2010-1214 Page 14 of 20 ATTACHMENT F TROPHY CLUB MUD NO. 1 RULES OF PROCEDURE ARTICLE I ORGANIZATION, POWERS AND OFFICE Section 1.01. Organization. Trophy Club Municipal Utility District No. 1 (“MUD 1”) is a governmental agency and body politic and corporate of the State of Texas pursuant to Chapters 49 and 54 of the Texas Water Code and Section 59, Article XVI of the Texas Constitution. Section 1.02. Powers. MUD 1 has all of the rights, powers, privileges, authority, functions and duties necessary and convenient to accomplish the purposes established for a municipal utility district as provided by Chapters 49 and 54 of the Texas Water Code (“Code”). Section 1.03. Office. The chief administrative office of MUD 1 shall be located within the boundaries of MUD 1. ARTICLE II BOARD OF DIRECTORS Section 2.01. General Powers and Number. The business and affairs of the Authority shall be conducted under the authority and direction of the MUD 1 Board. Effective pursuant to the May 2010 election, the number of directors of the Board shall be five (5). In the event of a vacancy in the office of director, the Board shall appoint a qualified person to the office until the next election for directors. Section 2.02. Qualifications of Directors. Each director, whether elected or appointed, shall be required to qualify by the execution of a Constitutional Oath of Office and Statement of Elected Officer. A person shall not serve as a director if he or she is not qualified to do so under the provisions of the Code. Within sixty (60) days after the Board determines that any director is not qualified to serve on the Board, it shall replace such director with a person who is qualified. Any director not qualified to serve on the Board, who willfully occupies an office and exercises the duties and powers of that office, may be subject to penalties under the Code, as amended, including possible conviction of a misdemeanor and imposition of a fine. Section 2.03. Tenure. Except as provided by the Code, each director shall serve for a period of four (4) years and until his or her successor is elected and qualified. Any director appointed to the Board shall serve for the remainder of the term of office to which such director is appointed. Section 2.04. Meetings. The Board shall establish a regular meeting time and place or places. The Board shall meet monthly except upon the occasion when it is determined that no meeting is necessary in a particular month. In any event, the Board shall meet no less than four (4) times each year. Special meetings of the Board may be called by or at the request of the President or any two (2) directors. Section 2.05. Agendas. The President, and/or the District Manager shall confer with the District’s attorneys prior to each meeting to determine the agenda items. Directors wishing to place an item on the agenda should contact the President or District Manager. The Directors shall TCMUD 1 – ORDER 2010-1214 Page 15 of 20 request only one subject per agenda item. Section 2.06. Posting Agendas and Notice to Directors. After approval of the agenda by the President, the District Secretary shall post the agenda as required by the Texas Open Meetings Act and the Code. Notice to the directors of any meeting of the Board shall be given at least seventy-two (72) hours prior to the meeting. Such notice shall be given by electronic transmission, facsimile, or telephone if notice is given less than five (5) days prior to a meeting. Copies of the agenda will be placed on the MUD 1 webpage and will be available for the public at the meeting. Section 2.07. Quorum. A majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board. Following the May 2010 election, the act of three (3) directors at a meeting for which a quorum is present shall be the act of the Board. Section 2.08. Conduct of Meetings. The President shall preside at Board meetings. In the absence of the President, the Vice President shall preside. The meetings shall be conducted in accordance with Robert’s Rules of Order, as the same may be modified from time- to- time, with the concurrence of all directors. The Board may provide a portion of each meeting for public comments in accordance with the policies established for receipt of public comment. Board shall agree that no Director can speak twice to the same issue until everyone else wishing to speak has spoken to it once. A request to suspend those “Rules of Procedure” that may be suspended, may be proposed upon a motion. Such motion may be adopted with a two-thirds vote of Directors. The Board agrees that before any subject is open to debate it is first necessary that a motion be made by a Director who has the floor; second, that it be seconded (with certain exceptions); and third, that the President shall state the question so that the Board may know what is before it for consideration and action. Debate can not begin until the President has stated the motion or resolution and called the question. ARTICLE III OFFICERS Section 3.01. Officers. The officers of the District shall be a President, a Vice President, a Secretary/Treasurer, and such other officers as may be elected in accordance with the provisions of this Article, including but not limited to, and Investment Officer. The Board may elect or appoint such officers including an Assistant Secretary/Treasurer as it may deem desirable, such officers to have the authority to perform the duties prescribed from time- to- time by the President. Section 3.02. Election and Term of Office. The officers of the District shall be elected annually by the Board at the regular meeting of the Board in June. New offices may be created and filled at any meeting of the Board. Each officer shall hold office until his successor shall have been duly elected. Section 3.03. Removal. Any officer elected or appointed by the Board may be removed by the Board whenever the best interests of the District would be served thereby, but such removal shall not constitute a removal from the Board. Section 3.04. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise must be filled by the Board for the unexpired portion of the term in accordance with the Code provisions regarding the filling of vacancies. TCMUD 1 – ORDER 2010-1214 Page 16 of 20 Section 3.05. President. Effective pursuant to the May 2010 election, MUD 1 shall have one (1) President. The President shall be a member of the Board with all the rights and privileges thereof, including the right to introduce motions before the Board and to vote on all matters. The President shall preside at all meetings of the Board. The President may sign any deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board to the general manager or other employee of the District; and in general, the President shall perform all duties as may be prescribed by the Board from time- to- time. Section 3.06. Vice President. The Vice President shall be a member of the Board and in the absence of or upon the death of the President and in the event of the inability or refusal of the President to perform;, the Vice President shall perform the duties, succeed to the authority and assume the responsibilities of the powers of the office of President. A Vice President shall perform such other duties as a prescribed by the Board or assigned by the President. Section 3.07. Secretary/Treasurer. In his or her role as Secretary, the Secretary/Treasurer is responsible for seeing that all records and books of the District are properly kept and that all notices are duly given in accordance with the provisions of these rules or as required by law. In general, the Secretary/Treasurer shall perform all duties incident to the office of Secretary and such other duties as from time- to- time may be assigned by the President or by the Board. The Secretary/Treasurer may attest the President’s signature on documents. The Secretary/Treasurer may delegate such duties as may be prudent to staff and consultants but shall not be relieved of any responsibility to perform legally required duties. In his or her role as Treasurer, the Secretary/Treasurer, with the assistance of the Finance Director District Manager, shall be responsible for all funds and securities of the District, shall review the receipts of all money due and payable to the District from any source, and shall assure the deposit of all such moneys in the name of the District in such banks as shall be selected by the Board. The Secretary/Treasurer shall also review the disbursements of the District, and in general, shall perform all duties incident to the office of the Treasurer and such other duties as from time- to- time may be assigned to him or her by the President or the Board. The Investment Officer, if not the same person as the Treasurer, shall be responsible for the investment of the District’s funds, as provided in Section 3.09 hereof. Section 3.0908. Investment Officer. Any officer or staff designee of the Board may be appointed as the Investment Officer of the District (the “Investment Officer”). The Investment Officer, so appointed by the Board, along with the Finance Director, shall be the Investment Officers of the District and, in such capacity, shall fulfill the responsibilities of such office regarding the investment of the District’s funds, pursuant to the Public Funds Investment Act, as amended, and the Investment Policy of the District, as such policy may be amended by the Board from time to time. TCMUD 1 – ORDER 2010-1214 Page 17 of 20 PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas, this, the 145th day of SeptemberDecember, 20109. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary _____________________________ ________________________________ Dean Henry, Joint President Jim Budarf, Joint President Trophy Club MUD No. 1 Trophy Club MUD No. 1 (SEAL) ATTEST: _____________________________ ________________________________ Jim Hase, Joint Secretary James C. Thomas, Joint Secretary Trophy Club MUD No. 1 Trophy Club MUD No. 1 TCMUD 1 – ORDER 2010-1214 Page 18 of 20 CERTIFICATE OF ORDER (20109-12140915) THE STATE OF TEXAS } COUNTY OF DENTON } COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Regular Meeting on September 15, 2009December 14, 2010, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: James C. Thomas President Jim Moss Vice President Kevin Carr Secretary/Treasurer Bill Armstrong Director Nick Sanders Director and Directors Henry, Budarf, Cantrell, Thomas, Moss, Carr, Hase, Thomas, Twomey, Fair Armstrong and KohsSanders were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1, REPEALING ORDER 2009-0915, AND ADOPTING AN AMENDED CODE OF ETHICS, A FEES AND EXPENSE POLICY, POLICIES AND PROCEDURES FOR SELECTION AND REVIEW OF CONSULTANTS, POLICIES CONCERNING THE USE OF MANAGEMENT INFORMATION INCLUDING THE FORMATION OF AN AUDIT COMMITTEE, CODE OF CONDUCT, RULES OF PROCEDURE AND CERTAIN OTHER MATTERS; -; AND PROVIDING AN EFFECTIVE DATE AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1, REPEALING ORDER 2006-0711, AND ADOPTING AN AMENDED CODE OF ETHICS FEES AND EXPENSE POLICY, POLICIES AND PROCEDURES FOR SELECTION AND REVIEW OF CONSULTANTS, POLICIES CONCERNING THE USE OF MANAGEMENT INFORMATION INCLUDING THE FORMATION OF AN AUDIT COMMITTEE, AND CERTAIN OTHER MATTERS; AND ADDING ATTACHMENT “E” CODE OF CONDUCT; AND ADDING ATTACHMENT “F” RULES AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE TCMUD 1 – ORDER 2010-1214 Page 19 of 20 was duly introduced for the consideration of the Board of Directors. It was then duly moved and seconded that such Order be adopted and, after due discussion, such motion, carrying with it the adoption of such Order prevailed and carried by the following vote: AYES: NOES: TCMUD 1 – ORDER 2010-1214 Page 20 of 20 Order (2009-09151214) Certificate Trophy Club Municipal Utility District No. 1 3. That a true, full and correct copy of such Order adopted at such meeting is attached to and follows this certificate; that such Order has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Order would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Gov. Code. SIGNED AND SEALED the 145TH day of September 2009December 2010. Secretary, Board of Directors (SEAL) Page 1 of 19 TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER NO. 2010-1214 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1, REPEALING ORDER 2009-0915, AND ADOPTING AN AMENDED CODE OF ETHICS, A FEES AND EXPENSE POLICY, POLICIES AND PROCEDURES FOR SELECTION AND REVIEW OF CONSULTANTS, POLICIES CONCERNING THE USE OF MANAGEMENT INFORMATION INCLUDING THE FORMATION OF AN AUDIT COMMITTEE, CODE OF CONDUCT, RULES OF PROCEDURE AND CERTAIN OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a Water District operating pursuant to Chapter 54 of the Texas Water Code; and WHEREAS, on September 15, 2009, the District adopted Order 2009-0915 per the Texas Water Code Ann. §49.199, requiring the Board of Directors of the District to adopt certain policies and procedures in writing; including a code of ethics, an expense policy, policies and procedures for the selection and review of consultants, policies concerning the use of management information and the formation of an audit committee and Rules of Procedure; and WHEREAS, the Board of Directors of the District now finds it prudent and wise to amend both Attachment B, Fees and Expense and Attachment F, Rules of Procedure for its Board of Directors; and WHEREAS, the Board determines that in order to have a fair, ethical and accountable District it is in their best interest to repeal Order 2009-0915 and adopt Order 2010-1214, adopting an amendment to Attachment B, Fees & Expense Policy and an amendment to Attachment F, Rules of Procedure, . NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: . The Board of Directors hereby adopts in addition to the Code of Ethics (Attachment A); a Fees and Expense Policy (Attachment B); a Policy Concerning Selection, Monitoring, Review and Evaluation of Professional Consultants (Attachment C); , Policies Relating to Use of Management Information and Formation of an Audit Committee (Exhibit D); a Code of Conduct (Attachment E); and Rules of Procedure (Attachment F) hereof as its written policies and procedures required by Tex. Water Code Ann. §49.199. II. The President and Secretary of the Board of Directors are authorized to evidence adoption of this Order on behalf of the Board of Directors and to do all other things proper and necessary to carry out the intent hereof. This Order supersedes all previous Orders adopting any of the following: a Code of Ethics, a Fees and Expense Policy, a Travel Expense Policy, Policies and Procedures for TCMUD 1 – ORDER 2010-1214 Page 2 of 19 Selection and Review of Consultants, Policies Concerning the Use of Management Information Including the Formation of an Audit Committee or Rules of Procedure. ATTACHMENT A CODE OF ETHICS SECTION 1. Purpose. The purpose of this Code of Ethics is to set forth the standards of conduct and behavior for the members of the Board of Directors of Trophy Club Municipal Utility District No. 1 (the “District”), and its officers, and employees of the District (collectively with the Directors, the “District Officials”). SECTION 2. Policy. It is the policy of the District that District Officials shall conduct themselves in a manner consistent with sound business and ethical practices; that the public interest shall always be considered in conducting District business; that the appearance of propriety shall be avoided to ensure and maintain public confidence in the District; and that the Board shall control and manage the affairs of the District fairly, impartially, and without discrimination. Section 2.01 Qualification of Directors. A. A person shall not serve as a Director if he is disqualified by law from doing so. As of the date of adoption of this Code of Ethics, Section 49.052, Texas Water Code, disqualifies certain person from serving as directors of the District. B. Within sixty (60) days after the Board determines that any Director is disqualified from serving on the Board, it shall replace such Director with a person who is not disqualified. C. Any Director who is disqualified from serving on the Board under Section 2.01(a) who willfully occupies an office and exercises the duties and powers of that office may be subject to penalties under Section 49.052, Texas Water Code, including possible conviction of a misdemeanor and imposition of a fine. D. A Director is not qualified to serve on the Board if the Director simultaneously serves in another civil office, either elective or appointive, entitling the Director to compensation. Article XVI, Section 40, of the Texas Constitution, Appendix “B.” Section 2.02 Removal of Directors The Board by unanimous vote of the remaining Directors may remove a Director from the Board if that Director has missed one-half (1/2) or more of the regular meetings of the Board scheduled during the prior twelve (12) months. See Section 49.052, Texas Water Code. TCMUD 1 – ORDER 2010-1214 Page 3 of 19 SECTION 3. Conflicts of Interest. A. The District adopts Chapter 171, Government Code, as its Conflict of Interest Policy, the principal provisions of which are as follows: Except where a majority of the Board of Directors is required to abstain from participation in a vote because of conflict of interest, a Director will abstain from participating in a decision of the Board of Directors which either (1) confers an economic benefit on a business in which the Director or a close relative has a substantial interest, or (2) affects the value of property in which the Director or a close relative has a substantial interest differently from how it affects other real property in the District. For these purposes, a person is considered to have a “substantial interest” in a business if (1) he owns ten percent (10%) or more of the voting stock or shares of the business entity or owns either ten percent (10%) or more or $5,000 or more of the fair market value of the business entity; or (2) funds received from the business exceed ten percent (10%) of his gross income for the previous year. A Person has a substantial interest in real property if the interest is an equitable or legal interest with a market value of $2,500 or more. A “close relative” of a Director for these purposes is a person related to the Director within the first degree of affinity or consanguinity. B. A Director who has a substantial interest in any matter involving the business entity or real property shall disclose that fact to the other Directors by Affidavit. The Affidavit must be filed with the Secretary of the Board. An interested Director shall abstain from further participation in the matter as set forth in Section 3(A). C. The Board shall take a separate vote on any budget item specifically dedicated to a contract with a business entity in which a Director has a substantial interest. In the event of a separate vote, the Director may not participate in that separate vote, but may vote on a final budget if the Director has complied with Section 3. D. As of the date of adoption of this Code of Ethics, Chapter 176, Local Government Code, requires the disclosure of certain relationships by Directors, vendors, and certain prospective vendors to the District. A Director, vendor, or prospective vendor who has a relationship that requires disclosure under Chapter 176 shall disclose that relationship by completing the form prescribed by the Texas Ethics Commission and timely filing such form with the Records Administrator. A Director or vendor violating this Section may be subject to prosecution as a Class C misdemeanor under Sections 176.003 and 176.006(f), Local Government Code, respectively. SECTION 4. Conduct of District Business. Each District Official will conduct all business of the District in a manner consistent with the requirements of applicable law and the Texas Open Meetings Act. SECTION 5. Acceptance of Gifts. No District Official shall accept any benefit as consideration for any decision, opinion, recommendation, vote, or other exercise of discretion in carrying out his official acts for the District. No District Official shall solicit, accept, or agree to accept any benefit from a person known to be interested in or likely to become interested in any contract, purchase, payment, claim, or transaction involving the exercise of the District’s Official’s discretion. As used herein, “benefit” shall not include: (1) A fee prescribed by law to be received by a public servant or any other benefit to which the District Official is lawfully entitled or for which he gives legitimate consideration in a capacity other than as a District Official; TCMUD 1 – ORDER 2010-1214 Page 4 of 19 (2) A gift or other benefit conferred on account of kinship or a personal, professional, or business relationship independent of the status of the recipient as a District Official; (3) A political contribution, as defined by the Election Code; (4) A benefit consisting of food, lodging, transportation, or entertainment accepted as a guest; or (5) A benefit to a District Official required to file a financial statement under the Texas Election Code that is derived from a function in honor or appreciation of the recipient if: (A) The benefit and the source of any benefit in excess of $50.00 is reported in the required financial statement; (B) The benefit is used solely to defray the expenses that accrue in the performance of duties or activities in connection with its official duties for the District which are non-reimbursable by the District; or (C) An item with value of less than $50.00, excluding cash or negotiable instrument; or (D) An item issued by a governmental entity that allows the use of property or facilities owned, leased, or operated by the governmental entity. SECTION 6. Bribery A District Official shall not intentionally or knowingly offer, confer, or agree to confer on another, or solicit, accept, or agree to accept from another, any benefit as consideration when to do so is prohibited by law. As of the date of adoption of this Code of Ethics, Section 36.02, Texas Penal Code, lists the offenses that are considered bribery when committed by District Officials. Violations of penal laws may subject a District Official to criminal prosecution. SECTION 7. Acceptance of Honoraria. A Director shall not solicit, accept or agree to accept an honorarium as prohibited by law. As of the date of the adoption of this Code of Ethics, Section 36.07, Texas Penal Code, provides the circumstances in which a Director may not accept an honorarium. Violations of penal laws may subject a District Official to criminal prosecution. SECTION 8. Lobbying. Should the Texas Ethics Commission by rule require any District Officials directly communicating with legislative or executive branch officials to register as lobbyists, District Officials shall comply with such rule. See Government Code, Section 305.0051. The District shall not reimburse from District funds the expenses of any person in excess of $50.00 for direct communications with a member of the legislative or executive branch unless the person being compensated resides in the district of the member with whom the person communicates or files a written statement which includes the person’s TCMUD 1 – ORDER 2010-1214 Page 5 of 19 name, the amount of compensation or reimbursement, and the name of the affected political subdivision with the Secretary of State. This provision does not apply to registered lobbyists, a full-time employee of the District or an elected or appointed District Official. ATTACHMENT B FEES AND EXPENSE POLICY SECTION 1. Purpose. The purpose of this Expense Policy is to set forth the policies of Trophy Club Municipal Utility District No. 1 (the “District”) concerning per diem and travel expenses for members of the Board of Directors of the District. SECTION 2. Per Diem for Directors. Pursuant to Section 49.060 of the Texas Water Code, as amended, Directors are entitled to receive as fees of office $150.00 a day for each day the Director actually spends performing the duties of a director, provided the fees shall not exceed a sum of $7,200 per annum. “Performing the duties of a director” means substantive performance of the management or business of the District, including participation in board and committee meetings and other activities involving the substantive deliberation of District Business and in pertinent educational programs. The phrase does not include routine or ministerial activities such as the execution of documents, self-preparation for meetings, or other activities requiring a minimal amount of time. Directors may attend other meetings relating to the management or business of the District and receive fees of office and expenses at the discretion of each director. At every monthly MUD Board meeting, Directors will receive a FEE PAYMENT REQUEST. Each Director in attendance at said meeting will be required to complete a FEE PAYMENT REQUEST. Directors will have two options: 1) Request payment or 2) Decline payment. Any Director who fails to complete/submit a FEE PAYMENT REQUEST will be emailed or if no email address, mailed a FEE PAYMENT REQUEST by the MUD Secretary, requesting the Director complete and sign the FEE PAYMENT REQUEST. If the Director wishes to DECLINE payment, the Director may indicate such via an electronic transmission, via regular mail or submit the Request in person to the MUD Secretary. Directors attending “outside” meetings on District business who wish to receive payment for attendance at such meeting shall have thirty (30) days from the date of said meeting in which to submit a FEE PAYMENT REQUEST for payment. Any FEE PAYMENT REQUEST received after thirty (30) days shall come before the MUD Board for approval. All Directors requesting and receiving reimbursement for attending District business outside of the monthly Board meetings shall be required to provide an update/report to the Board either in person at the very next meeting or provide an update/report via an electronic transmission to the MUD Board and the District Manager. SECTION 3. Attendance at Meetings and Conduct of Other District Business. Board members may attend conferences and meetings of the Association of Water Board Directors, at the District’s expense, whether within or outside the Town of Trophy Club. Attendance at other conferences, hearings, or other meetings outside of Trophy Club by the members of the Board of Directors must be sanctioned by the Board of Directors; attendance at local meetings or conduct of other local District business will be at each Director’s discretion. TCMUD 1 – ORDER 2010-1214 Page 6 of 19 Directors attending any meeting or conducting any District business shall report to the Board concerning the meeting or activity. SECTION 4. Expenses Outside of Trophy Club. The District will pay a reasonable room rate for a director’s hotel room, if District business requires that the director be out of Trophy Club, reasonable tips incurred in making the trip, roundtrip mileage at the current IRS mileage rate and parking, if any, for travel by car or roundtrip airfare at current commercial rates for standard (not first class) air fare and reasonable rental car or taxi charges. The District will pay for meals actually eaten and paid for by the Director on a sanctioned trip outside of Trophy Club; provided, however, reimbursement for meals will be limited to $75.00 per day per person. Appropriate documentation listing the person in attendance and a description of the business discussed at the meeting or activity is required. No reimbursement shall be made for the purchase of alcoholic beverages for a director, spouse, employee or guest. No reimbursement shall be made for the meals of a spouse of a director or employee. SECTION 5. Expenses for Local Meetings and Activities. The District will pay for roundtrip mileage at the current IRS rate for travel by car, parking, and will pay meals directly related to the meeting or activity. Reimbursement for meals will be limited to $75.00 per day per person. Appropriate documentation listing the person in attendance and a description of the business discussed at the meeting or activity is required. No reimbursement shall be made for the purchase of alcoholic beverages for a director, spouse, employee or guest. No reimbursement shall be made for the meals of a spouse of a director or employee. SECTION 6. Reimbursement. Directors attending meetings or other activities and wishing to receive a per diem and/or expenses must submit a verified statement showing the number of days actually spent in service to the District and a general description of the duties performed for each day of service. To receive reimbursement for expenses, a Director must also submit an itemized expense report to the Senior Accountant before reimbursement is approved by the Board’s District Manager. Items on the expense report shall include lodging, meals, tips, parking and transportation. Directors sharing expense items may split reported expenses in any matter they deem equitable, but the Board will pay no more than 100% of the actual total cost of reimbursable items. SECTION 7. Extraordinary Expenses. Any extraordinary expenses for a Director attending a sanctioned activity of the District must be approved by the Board prior to incurring the expense. ATTACHMENT C POLICY CONCERNING SELECTION, MONITORING, REVIEW AND EVALUATION OF PROFESSIONAL CONSULTANTS SECTION 1. Purpose. The purpose of this Policy Concerning Selection, Monitoring, Review, and Evaluation of Professional Consultants is to set guidelines for the Board of Directors for Trophy Club Municipal Utility District No. 1 (the “District”) concerning its Professional Consultants. TCMUD 1 – ORDER 2010-1214 Page 7 of 19 SECTION 2. Definition of Professional Consultant. “Professional Consultant” shall include the District’s attorney, auditor, bookkeeper, financial advisor, and tax assessor/collector, and such other consultants other than employees that the District may hereafter engage. SECTION 3. Selection of Consultants. Whenever the Board of Directors of the District decides to terminate the services of one or more of its Professional Consultants, the Board shall request one or more proposals as required by the Professional Services Procurement Act, Section 2254.001 et seq., Government Code, except where selection of professional consultants is to be conducted by the Board in an open meeting, shall appoint a committee of one or two Directors to review any proposals received by the Board, to interview applicants, and to make a recommendation to the entire Board of Directors concerning the selection. SECTION 4. Monitoring of Professional Consultants. For those Professional Consultants with annual contracts, the Board of Directors of the District will review the performance of the Professional Consultants for the prior year at the time the contract is renewed. The Board of Directors shall review the performance of its other Professional Consultants, upon the request of one or more Directors. ATTACHMENT D POLICIES RELATING TO USE OF MANAGEMENT INFORMATION AND FORMATION OF AN AUDIT COMMITTEE SECTION 1. Purpose. The purpose of this Policy Relating to the Use of Management Information and Formation of an Audit Committee for Trophy Club Municipal Utility District No. 1 (the “District”) is to provide written policies concerning the use of management information. SECTION 2. Annual Budget. Prior to each fiscal year, the Board of Directors of the District shall adopt an annual budget for the next fiscal year for use in planning and controlling of costs. SECTION 3. Audit Committee. The District hereby appoints its Board of Directors as an audit committee to review the annual audit prepared by the District Auditor. The Board may designate a lesser number than the entire Board, but not less than two (2) Directors to serve as its audit committee. SECTION 4. Accounting Standards. The District hereby directs its auditor to adopt uniform auditing reporting requirements that use “Audits of State and Local Governmental Units” as a guide on audit working papers and that uses “Governmental Accounting and Financial Reporting Standards” for final audit reports (subject to the standards for audits prescribed by applicable Texas Commission on Environmental Quality Rules). TCMUD 1 – ORDER 2010-1214 Page 8 of 19 ATTACHMENT “E” TROPY CLUB MUD NO. 1 CODE OF CONDUCT Statement of Purpose The citizens and the businesses that Trophy Club MUD No. 1 (MUD 1) serves are entitled to have a fair, ethical and accountable District, which earns the public’s full confidence for integrity. It is the strong desire of the MUD District to fulfill this expectation; and, therefore requires that the MUD Directors: • Comply with both the letter and sprit of the laws and policies affecting the operations of the District; • Be independent, impartial and fair in their judgment and actions; and • Use their respective office or position for the public good and not for personal gain. To this end, the MUD Directors have adopted this Code of Conduct in order to assure public confidence in the integrity of its government and its effective and fair operation. Definitions The following words, terms and phrases, when used in this section, shall have the following meanings subscribed to them: Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or non-profit entity. MUD Board. The legislative and governing body of the District consisting of five (5) members; MUD President, Vice-President, Secretary/Treasurer, and two Directors. Employee. Any person employed by the District, including those individuals on a part-time basis, including independent contractors hired by the District for repetitive performance of services, but not independent contractors engaged for occasional services. Nepotism. Showing favoritism toward a relative (needs further definitions see State Law). The practice of hiring personnel or awarding contracts which favor a relative is prohibited by the District. Exclusions to this prohibition are: a. Employees who have been continuously employed by the District for more than two (2) years prior to the election or appointment of the Director. b. Individuals who are employees of the District as of the effective date of this policy. 1. Act in the Public Interest Recognizing that stewardship of the public interest must be their primary concern, MUD Directors shall work for the common good of the people the District serves and not for any private or personal. The Directors shall assure fair and equal treatment of all persons, claims and transactions coming before the District. TCMUD 1 – ORDER 2010-1214 Page 9 of 19 2. Comply with the Law MUD Directors shall comply with the laws of the nation and the State of Texas in the performance of their public duties. These laws include, but are not limited to: the United States and Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government; and MUD Orders, resolutions and policies; the Texas Water Code; and the Texas Commission on Environmental Quality (TCEQ). 3. Conduct of MUD Directors The professional and personal conduct of MUD Directors must be above reproach and avoid even the appearance of impropriety. MUD Directors shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other MUD Director(s), employees, and the public. Discussions held in confidence and or in Executive and/or Closed Session shall be kept strictly confidential. Directors shall not violate and or divulge confidential discussions held during Executive and / or Closed Sessions and or private conversations. 4. Respect for Process MUD Directors shall perform their duties in accordance with the processes and Rules Of Order established by the MUD Board. 5. Conduct of Public Meetings MUD Directors have an obligation to attend meetings and to be prepared for public issues; to listen courteously and attentively to all public discussions before the body; and to focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings. 6. Decisions Based on Merit It is expected and required that MUD Directors review material, participate in discussions and base their decisions on the merits and substance of the matter at hand. 7. Communication Prior to permitting final action on a matter under consideration, MUD Directors shall publicly share substantive information, which they may have received from sources outside the public decision-making process that is relevant to such action by the MUD Board. 8. Conflicts of Interest and Disclosure MUD Directors shall familiarize themselves with and abide by the following conflicts of interest and disclosure statutes and principles: a. Chapter 171 of the Local Government Code which requires an officer, whether elected, appointed, paid, or unpaid, of a district exercising responsibilities beyond those that are advisory in nature, to file an affidavit disclosing a substantial interest in a business entity or property that would be beneficially affected by a decision of the governing body or of any other board or commission upon which the member serves and thereafter to abstain from participation in discussion and voting on the matter. Once the disclosure is made, the MUD Director is to remove himself from the meeting area to ensure his presence does not hinder the discussion of the item or influence the vote. TCMUD 1 – ORDER 2010-1214 Page 10 of 19 b. Section 176 of the Local Government Code which requires MUD Directors and the District Manager to file a conflicts disclosure statement disclosing any business relationship with a person or business doing business with the District or being considered by the District for a business relationship. c. Section 176.003(a)(2)(B) of the Local Government Code which requires the disclosure of gifts of an aggregate value of more than $250.00 in the twelve (12) month period preceding the date that a Director becomes aware of a transaction described in Section 176, other than gifts of food, lodging, transportation, or entertainment accepted as a guest. d. Sections 553.001-553.003 of the Government Code which requires the filing of an affidavit before the date the District will acquire a property in which public servants has a legal or equitable interest. e. In order to assure their independence and impartiality on behalf of the public good, MUD Directors are prohibited from using their positions to influence government decisions in which they have a personal interest. 9. Corruption MUD Directors shall familiarize themselves with and abide by the Texas Penal Code mandates concerning corruption, including without limitation, Section 36.02 prohibiting receipt of prohibited gifts, Section 39.02 concerning abuse of official capacity and Section 39.06(a) concerning misuse of official information and all other applicable state laws regulating or related to public service. 10. Political Advocacy MUD Directors shall not utilize the District’s name, logo, or their position for purposes of endorsing any political candidate, political position or business. 11. Confidential Information MUD Directors shall respect the confidentiality of information concerning District property, personnel or proceedings of the District. They shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interests. 12. Use of Public Resources Directors shall not use public resources generally unavailable to the public, such as District staff time, equipment, supplies or facilities, for private gain or personal purposes. 13. Representation of Private Interests In keeping with their role as stewards of the public interest, Directors shall not appear on behalf of private interests of third parties before the MUD Board or any board, commission, committee, or proceeding of the District. 14. Advocacy Directors shall represent the official policies or positions of the MUD Board to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, MUD Directors shall explicitly state that they do not represent their body or the MUD District, nor will they allow the inference that they do. TCMUD 1 – ORDER 2010-1214 Page 11 of 19 15. Policy Role of Directors MUD Directors shall respect and adhere to the District’s structure as outlined in the Texas Water Code and the District’s policies and procedures. In this structure, the MUD Directors determine the policies of the District with the advice, information and analysis provided by the public, and District staff. Except as provided by District Order, MUD Directors therefore shall not interfere with the administrative functions of the District or the professional duties of the District staff; nor shall they impair the ability of Staff to implement MUD Board policy decisions. 16. Independence of Boards, Commissions, and Committees Because of the value of the independent advice of boards, commissions, committees and advisory groups to the public decision-making process, MUD Directors shall refrain from using their position to influence unduly the deliberations or outcomes of any board, commission, committee, and advisory group proceedings. 17. Positive Workplace Environment MUD Directors shall support the maintenance of a positive and constructive workplace environment for District employees and for citizens and businesses dealing with the District. MUD Directors shall recognize their special role in dealing with District employees and refrain from creating the perception of inappropriate direction to Staff. 18. Implementation As an expression of the standards of conduct for MUD Directors expected by the District, this Code of Conduct is intended to be self-enforcing. It therefore becomes most effective when MUD Directors are thoroughly familiar with it and embrace its provisions. Ethical standards shall be included in the regular orientations for candidates for the MUD Board, and newly elected and appointed MUD Directors. MUD Directors entering office, shall sign a statement affirming they have read and understood the Trophy Club MUD No. 1 Code of Conduct and agree to be bound by its terms. In addition, the Code of Conduct shall be reviewed periodically by the MUD Directors, and the MUD Board shall consider recommendations for revision as it becomes necessary. 19. Compliance and Enforcement The Trophy Club MUD No. 1 Code of Conduct expresses standards of ethical conduct expected for Trophy Club No. 1 MUD Directors. MUD Directors themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The President(s) of the MUD Board has the additional responsibility to intervene when a MUD Director’s’ actions appear to be in violation of the Code of Conduct and are brought to their attention. The MUD Board may impose sanctions, such as reprimand, formal censure on a MUD Director whose conduct does not comply with the District’s ethical standards. The MUD Board also may act censure or reprimand a MUD Director in accordance with MUD 1 procedures and subject to the limitations set forth in Section 20 of this policy. The MUD Board finds and determines that these ethics and standards of conduct are necessary and appropriate in order to serve the legitimate goal of orderly governance, integrity and public confidence in government. TCMUD 1 – ORDER 2010-1214 Page 12 of 19 20. Procedure for Enforcement Upon good faith and belief that a MUD Director has violated any term or provision of this Code of Conduct, a party having such good faith and belief that a violation has occurred and wishing to initiate a formal review of the alleged violation shall file a written complaint with the MUD Secretary. The written complaint shall contain 1) the name of the complaining party (hereinafter “Complainant”); 2) the name of the party against whom the complaint is being filed (hereinafter “Respondent”); 3) the specific sections allegedly violated; 4) Specific dates, approximate time of day, locations and other facts evidencing the alleged violations; and 5) any documentation evidencing that a violation of the Code of Conduct occurred. Upon receipt of a written complaint meeting all of the requirements set forth in the preceding paragraph, the MUD Secretary shall place the complaint on the next available regular District meeting agenda for which posting requirements may legally and procedurally be met. Alternatively, if the complaint does not meet all of the requirements set forth in the preceding paragraph, the MUD Secretary shall notify the Complainant in writing of the nature of the deficiency and no further action by the MUD Secretary or MUD Board shall be necessary, until such time the MUD Secretary can determine that the complaint meets the requirements of this section. Once placed upon the District agenda, the scope of the MUD Board review shall be limited to a determination of whether the complaint on its face presents a violation of this Code of Conduct for which sanctions, such as reprimand, or formal censure would be appropriate in order to serve the legitimate goal of orderly governance, integrity, and public confidence in government. Upon a majority vote of the MUD Board that the complaint merits further review and investigation, an item shall be placed on the next available regular District meeting agenda for which posting requirements may be legally and procedurally met. Additionally, upon majority vote, the MUD Board may specify any and all individual items of grievance from the Complaint that merit such review and investigation and that will be considered by the MUD Board at a subsequent hearing on the matter. At least seven (7) days prior to the hearing date, the MUD Secretary shall notify the respondent in writing of the date, time and place at which the MUD Board will conduct a hearing on the merits of the alleged complaint, and if MUD Board has by majority vote specified individual items for review and investigation at the hearing, such notice shall advise the Respondent of the scope of the hearing. Alternatively, if upon review of the complaint on its face a majority vote of MUD Board determines that further review and investigation is not warranted, then the Complainant shall be notified in writing of such vote, the written complaint shall be returned to the Complainant, and no further action shall be required by the MUD Secretary or MUD Board. At the subsequent MUD Board hearing, the Complainant and Respondent may present testimonial and or documentary evidence regarding the allegations contained within the Complaint. If the MUD Board determines that substantial evidence has been presented to support the allegation that a violation of the Code of Conduct has occurred and that the violation is detrimental to orderly governance, integrity, and public confidence in the District government, then the MUD Board may by majority vote impose sanctions, such as reprimand, or formal censure, as determined appropriate to serve the legitimate goals of this policy. All procedural rules of the MUD Board shall apply to proceedings conducted pursuant to this Section. The complaint procedure specified in this Section shall only be applicable to those MUD Directors who are appointed and/or elected and for the conduct of such official that occurs during the official’s term of office on a MUD board. TCMUD 1 – ORDER 2010-1214 Page 13 of 19 STATEMENT OF COMMITMENT As a member of the Trophy Club MUD No. 1 Board, I agree to uphold the Code of Conduct by adhering to the following model of behavior. I will: • Recognize the worth of individual MUD Directors and appreciate their individual talents, perspectives and contributions; • Help create an atmosphere of respect and civility where individual MUD Directors, MUD staff and the public are free to express their ideas and work to their full potential; • Conduct my personal and public affairs with honesty, integrity, fairness and respect for others; • Respect the dignity and privacy of individuals and organizations; • Keep the common good as my highest purpose and focus on achieving constructive solutions for public benefit; • Avoid and discourage conduct which is divisive or harmful to the best interests of Trophy Club MUD No. 1; • Treat all people with whom I come in contact in a manner I wish to be treated; • Before I speak or act I will ask myself the following questions: 1. Is it the truth? 2. Is it fair to all concerned? 3. Will it build goodwill and better relationships? 4. Will it be beneficial to all concerned? I affirm that I have read and that I understand, accept and support the Trophy Club MUD No. 1 Code of Conduct. _____________________________________________ Print Name _____________________________________________ Position/Title _________________________________ __________________________ Signature Date TCMUD 1 – ORDER 2010-1214 Page 14 of 19 ATTACHMENT F TROPHY CLUB MUD NO. 1 RULES OF PROCEDURE ARTICLE I ORGANIZATION, POWERS AND OFFICE Section 1.01. Organization. Trophy Club Municipal Utility District No. 1 (“MUD 1”) is a governmental agency and body politic and corporate of the State of Texas pursuant to Chapters 49 and 54 of the Texas Water Code and Section 59, Article XVI of the Texas Constitution. Section 1.02. Powers. MUD 1 has all of the rights, powers, privileges, authority, functions and duties necessary and convenient to accomplish the purposes established for a municipal utility district as provided by Chapters 49 and 54 of the Texas Water Code (“Code”). Section 1.03. Office. The chief administrative office of MUD 1 shall be located within the boundaries of MUD 1. ARTICLE II BOARD OF DIRECTORS Section 2.01. General Powers and Number. The business and affairs of the Authority shall be conducted under the authority and direction of the MUD 1 Board. Effective pursuant to the May 2010 election, the number of directors of the Board shall be five (5). In the event of a vacancy in the office of director, the Board shall appoint a qualified person to the office until the next election for directors. Section 2.02. Qualifications of Directors. Each director, whether elected or appointed, shall be required to qualify by the execution of a Constitutional Oath of Office and Statement of Elected Officer. A person shall not serve as a director if he or she is not qualified to do so under the provisions of the Code. Within sixty (60) days after the Board determines that any director is not qualified to serve on the Board, it shall replace such director with a person who is qualified. Any director not qualified to serve on the Board, who willfully occupies an office and exercises the duties and powers of that office, may be subject to penalties under the Code, as amended, including possible conviction of a misdemeanor and imposition of a fine. Section 2.03. Tenure. Except as provided by the Code, each director shall serve for a period of four (4) years and until his or her successor is elected and qualified. Any director appointed to the Board shall serve for the remainder of the term of office to which such director is appointed. Section 2.04. Meetings. The Board shall establish a regular meeting time and place or places. The Board shall meet monthly except upon the occasion when it is determined that no meeting is necessary in a particular month. In any event, the Board shall meet no less than four (4) times each year. Special meetings of the Board may be called by or at the request of the President or any two (2) directors. Section 2.05. Agendas. The President, and/or the District Manager shall confer with the District’s attorneys prior to each meeting to determine the agenda items. Directors wishing to place an item on the agenda should contact the President or District Manager. The Directors shall TCMUD 1 – ORDER 2010-1214 Page 15 of 19 request only one subject per agenda item. Section 2.06. Posting Agendas and Notice to Directors. After approval of the agenda by the President, the District Secretary shall post the agenda as required by the Texas Open Meetings Act and the Code. Notice to the directors of any meeting of the Board shall be given at least seventy-two (72) hours prior to the meeting. Such notice shall be given by electronic transmission, facsimile, or telephone if notice is given less than five (5) days prior to a meeting. Copies of the agenda will be placed on the MUD 1 webpage and will be available for the public at the meeting. Section 2.07. Quorum. A majority of the Board shall constitute a quorum for the transaction of business at any meeting of the Board. Following the May 2010 election, the act of three (3) directors at a meeting for which a quorum is present shall be the act of the Board. Section 2.08. Conduct of Meetings. The President shall preside at Board meetings. In the absence of the President, the Vice President shall preside. The meetings shall be conducted in accordance with Robert’s Rules of Order, as the same may be modified from time-to-time, with the concurrence of all directors. The Board may provide a portion of each meeting for public comments in accordance with the policies established for receipt of public comment. Board shall agree that no Director can speak twice to the same issue until everyone else wishing to speak has spoken to it once. A request to suspend those “Rules of Procedure” that may be suspended, may be proposed upon a motion. Such motion may be adopted with a two-thirds vote of Directors. The Board agrees that before any subject is open to debate it is first necessary that a motion be made by a Director who has the floor; second, that it be seconded (with certain exceptions); and third, that the President shall state the question so that the Board may know what is before it for consideration and action. Debate can not begin until the President has stated the motion or resolution and called the question. ARTICLE III OFFICERS Section 3.01. Officers. The officers of the District shall be a President, a Vice President, a Secretary/Treasurer, and such other officers as may be elected in accordance with the provisions of this Article, including but not limited to, an Investment Officer. The Board may elect or appoint such officers including an Assistant Secretary/Treasurer as it may deem desirable, such officers to have the authority to perform the duties prescribed from time-to-time by the President. Section 3.02. Election and Term of Office. The officers of the District shall be elected annually by the Board at the regular meeting of the Board in June. New offices may be created and filled at any meeting of the Board. Each officer shall hold office until his successor shall have been duly elected. Section 3.03. Removal. Any officer elected or appointed by the Board may be removed by the Board whenever the best interests of the District would be served thereby, but such removal shall not constitute a removal from the Board. Section 3.04. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification, or otherwise must be filled by the Board for the unexpired portion of the term in accordance with the Code provisions regarding the filling of vacancies. TCMUD 1 – ORDER 2010-1214 Page 16 of 19 Section 3.05. President. Effective pursuant to the May 2010 election, MUD 1 shall have one (1) President. The President shall be a member of the Board with all the rights and privileges thereof, including the right to introduce motions before the Board and to vote on all matters. The President shall preside at all meetings of the Board. The President may sign any deeds, mortgages, bonds, contracts, or other instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board to the general manager or other employee of the District; and in general, the President shall perform all duties as may be prescribed by the Board from time-to-time. Section 3.06. Vice President. The Vice President shall be a member of the Board and in the absence of or upon the death of the President and in the event of the inability or refusal of the President to perform; the Vice President shall perform the duties, succeed to the authority and assume the responsibilities of the powers of the office of President. A Vice President shall perform such other duties as a prescribed by the Board or assigned by the President. Section 3.07. Secretary/Treasurer. In his or her role as Secretary, the Secretary/Treasurer is responsible for seeing that all records and books of the District are properly kept and that all notices are duly given in accordance with the provisions of these rules or as required by law. In general, the Secretary/Treasurer shall perform all duties incident to the office of Secretary and such other duties as from time-to-time may be assigned by the President or by the Board. The Secretary/Treasurer may attest the President’s signature on documents. The Secretary/Treasurer may delegate such duties as may be prudent to staff and consultants but shall not be relieved of any responsibility to perform legally required duties. In his or her role as Treasurer, the Secretary/Treasurer, with the assistance of the District Manager, shall be responsible for all funds and securities of the District, shall review the receipts of all money due and payable to the District from any source, and shall assure the deposit of all such moneys in the name of the District in such banks as shall be selected by the Board. The Secretary/Treasurer shall also review the disbursements of the District, and in general, shall perform all duties incident to the office of the Treasurer and such other duties as from time-to- time may be assigned to him or her by the President or the Board. The Investment Officer, if not the same person as the Treasurer, shall be responsible for the investment of the District’s funds, as provided in Section 3.09 hereof. Section 3.08. Investment Officer. Any officer or staff designee of the Board may be appointed as the Investment Officer of the District (the “Investment Officer”). The Investment Officer, so appointed by the Board, along with the Finance Director, shall be the Investment Officers of the District and, in such capacity, shall fulfill the responsibilities of such office regarding the investment of the District’s funds, pursuant to the Public Funds Investment Act, as amended, and the Investment Policy of the District, as such policy may be amended by the Board from time to time. TCMUD 1 – ORDER 2010-1214 Page 17 of 19 PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas, this, the 14th day of December, 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD 1 – ORDER 2010-1214 Page 18 of 19 CERTIFICATE OF ORDER (2010-1214) THE STATE OF TEXAS } COUNTY OF DENTON } COUNTY OF TARRANT} I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified and acting Secretary of the Board of Directors of the District, and that as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Regular Meeting on November 16, 2010, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: James C. Thomas President Jim Moss Vice President Kevin Carr Secretary/Treasurer Bill Armstrong Director Nick Sanders Director and Directors Thomas, Moss, Carr, , Armstrong and Sanders were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1, REPEALING ORDER 2009-0915, AND ADOPTING AN AMENDED CODE OF ETHICS, A FEES AND EXPENSE POLICY, POLICIES AND PROCEDURES FOR SELECTION AND REVIEW OF CONSULTANTS, POLICIES CONCERNING THE USE OF MANAGEMENT INFORMATION INCLUDING THE FORMATION OF AN AUDIT COMMITTEE, CODE OF CONDUCT, RULES OF PROCEDURE AND CERTAIN OTHER MATTERS; AND PROVIDING AN EFFECTIVE DATE was duly introduced for the consideration of the Board of Directors. It was then duly moved and seconded that such Order be adopted and, after due discussion, such motion, carrying with it the adoption of such Order prevailed and carried by the following vote: AYES: NOES: TCMUD 1 – ORDER 2010-1214 Page 19 of 19 Order (2009-1214) Certificate Trophy Club Municipal Utility District No. 1 3. That a true, full and correct copy of such Order adopted at such meeting is attached to and follows this certificate; that such Order has been duly recorded in the minutes of the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Order would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Gov. Code. SIGNED AND SEALED the 14TH day of December 2010. Secretary, Board of Directors (SEAL) Discussion Items As related to Agenda Item 14 – Review and discuss Rule of Procedure 1. Article II, Section 2.08 of Attachment F says that we shall conduct the meetings as per “Roberts Rules of Order”. 2. Article II, Section 2.08 of Attachment F says “The Board may provide a portion of each meeting for public comments in accordance with the policies established for receipt of public comment.” Should we include something like the “Presentation by Citizens” section like in the Council rules? (see below) “Presentations by citizens, with or without prior notification, shall be limited to a total of six minutes, with three minutes of time allowed prior to Council discussion and three minutes of time allowed subsequent to Council discussion but before the Chair calls for a vote. It is within the discretion of the Chair to reasonably extend those limits. Citizens must turn in a completed ‘Request to Speak’ form to the Town Secretary.” 3. Article II, Section 2.08 of Attachment F - Amendment to Rules Currently our rules allow for changes to be made “…from time to time, with the concurrence of all directors.” This item which is in the Council rules says: “These rules may be amended, or new rules adopted with a favorable vote by four (4) members of the Town council in attendance, provided that the proposed amendments or new rules shall have been introduced into the record at a prior Town Council Meeting. 4. Article II, Section 3.07 of Attachment F – paragraph 2 says that the Finance Director is going to assist the Secretary/Treasurer. Seems like this should include the District Manager at a minimum. 5. New Item – Questions to Contain One Subject This item which is in the Council’s Rules says: “All questions submitted for a vote shall contain only one subject. If town or more points are involved, any member may require a division, if the question reasonably admits of a division.” 6. New item – Right to Floor This item which is in the Council’s Rules says: “Any Council member desiring to speak shall be recognized by the Chairman/Mayor. No member shall be allowed to speak more than once on any subject until every member wishing to speak shall have spoken.” 7. New item – Suspension of Rules This item which is in the Council’s rules says: “Any provision of these rules may be temporarily suspended by a two-thirds vote of all members of the Town Council in attendance. The Vote on may such suspension shall be taken by a show of hands and entered into the record.” 8. New item - Presentations by Members of Board – Future Agenda items This item which is in the Council rules says: “The agenda shall provide a time when the Mayor or any Town Council member may bring before the Town Council any business that the Town Council member believes should be deliberated upon by the Town Council at a future meeting of the Town Council. However, pursuant to the Town Charter, before any item is placed for discussion and/or action on a future Town Council agenda, a request for its placement on the agenda shall be made by either the Mayor or by any tow (2) Council members. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Town Council meeting provided that the requirements of Chapter 551 Texas Government Code have been met.” 9. Section 2.02 Removal of Directors – (This is not part of Attachment F, so it may not be discussed.) It seem to me that there should be a process for giving an excused absence and if one is granted, then that absence should not be included in the total missed meetings in the this section. This is not part of Attachment F but should be discussed at some point. 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-147-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:11/19/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:12/14/2010 Title:Review and Approve Minutes: a. November 16, 2010 - Regular Session Minutes Attachments:M1-Mins-111610.pdf Action ByDate Action ResultVer. File #: 2010-147-M1, Version: 1 Title Review and Approve Minutes: a. November 16, 2010 - Regular Session Minutes 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Trophy Club Municipal Utility District No. 1 7:00 PM Svore Municipal Building BoardroomTuesday, November 16, 2010 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session at 7:00 p.m. on Tuesday, November 16, 2010, in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. Call to order and announce a quorum. President Thomas called the meeting to order at 7:00 p.m., noting a quorum was present. MUD 1 BOARD MEMBERS President Jim Thomas, Vice President Jim Moss, Secretary/Treasurer Kevin Carr, Director Bill Armstrong, and Director Nick Sanders Present:5 - MUD 1 STAFF PRESENT: Robert Scott, District Manager Mary Moore, MUD Secretary Renae Gonzales, Senior Accountant Danny Thomas, Fire Chief Pam Liston, Attorney TOWN COUNCIL/STAFF PRESENT: Bill Rose, Council Liaison Kathy DuBose, Finance Director GUEST(S) PRESENT: Jim Hase, 209 Inverness Drive Bob Radder, 1 Lee Court Rhonda Radder, 1 Lee Court Greg Lamont, 15 Avalon Drive Mrs. Greg Lamont, 15 Avalon Drive Citizen Presentation No citizens addressed the Board. REGULAR SESSION Reports & Updates November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 1.Receive Patriot Flag Presentation from Town Resident Bob Radder. Mr. Bob Radder distributed a brochure and provided the Board with an update of the Patriot Flag Presentation held at the Temporary Fire Station in Trophy Club on September 24, 2010. This Presentation was in memory and a salute to the uniformed public service survivors and their families who lost loved ones on September 11, 2001. A 30' by 58' foot flag was flown from the City of Roanoke's Quint Fire Engine at Temporary Fire Station in Trophy Club. Mr. Tan Parker was in attendance and read a proclamation for the State; Mayor White read a proclamation for the Town, and President Thomas read a proclamation for TCMUD 1. Radder concluded with a Powerpoint presentation of the event. Mr. Greg Lamont, 15 Avalon Drive, addressed the Board and presented an appreciative presentation of the event to all who were involved in the Patriot Flag Presentation, and offered a book to President Thomas. 2.Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Water - Wastewater Reports c. Monthly Update - PID Development/Homes d. Update on Water Plant Booster Pump (formerly VFD) e. Update on Bar Screens for WWTP f. AWBD Conference: June 17 - 19, 2010 g. Update on Fire Plan h. Review and approval process of monthly agendas WaterPumpedVsBilled-Sept2010.pdf 4th Qtr DLR Report.pdf WWTP Discharge Report Sept 2010.pdf Sept 2010 PID Connection Summary.pdf Plan Holders-WWTP Screen Rake.pdf TCMUD 1 Order 2009-0915-RulesOfProcedure-Agendas.pdf Attachments: District Manager Scott provided a brief update to the Board regarding the above items. 3.Receive Finance Update a. To provide Board with a monthly update and address the Board's questions. Kathy DuBose, Finance Director, advised of the following updates: PID Utility Fees There were 23 PID Utility Fees received for September, totaling 185 for the current fiscal year. Prior FY included 238 lots (445 from inception). Have reached the 150 permits estimated for debt service with the 35 fees over the 150 going to Utility Operations ($80,500). Audit Auditors performed the interim audit the first week of October. They began again yesterday and will be here 3 to 4 weeks. Innoprise System We began implementation of the Financial software system the second week of October. Most of the system is in place and functioning extremely well. It is very user friendly and will make record-keeping and reporting much easier. We are currently working on the setup of the Payroll Module and will go live the first payroll in January. November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes Renae Gonzales has been working with the Utility Billing staff to prepare for the implementation of that software after the first of the year. 4.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 construction of the New Fire Station. September 2010 Fire Report.pdf October Fire Report 2010.pdf FireStationConstructionSchedule.pdf Scheduled Work for Fire Station-Week of Nov 15.pdf Attachments: Fire Chief Thomas provided the Board with Fire Updates for September and October 2010. At last night's Council meeting, Chief Thomas honored 10-year old Kayci McKinnon and her mother with a commendation plaque. Kayci rescued her brother from the family pool by diving in and pulling her brother out of the pool. The Mother received recognition for rescuing and breathing life into her son. EMS transported the boy to emergency, and we are told the boy is going to be fine. Chief Thomas stated that Prime Construction is doing an excellent job on construction of the New Fire Station. Chief Thomas also offered kudos to the Trophy Club Country Club. They have been very helpful and supportive to the Fire Personnel with their temporary accomodations at the Trophy Club Country Club Parking Lot. 5.Receive Town Council Update a. Councilmember Rose to provide the Board with an update of Council meetings, notices and relevant business. Council Liaison Rose provided the following update to the Board regarding the Council meetings held on September 20th and 27th; October 4th and 18th; and November 1st and 15th, 2010. 1. Added Assistant Town Manager Seidel to the Water Tank Committee per MUD 1's request and verified Councilmember Stotts is an alternate committee member. Councilmembers Strother and Hoover are the primary committee members. 2. Council hired Mr. Michael Slye, former City Manager of Burkburnett, Texas, as Town Manager. Mr. Slye began work on November 8, 2010. Mr. Slye, had been employed with the City of Burkburnett since 1994. He had been their Director of Finance and Director of Human Relations. Since 1999, Mr. Slye had been Burkburnett’s City Manager. Mr. Slye was responsible for water and wastewater operations in Burkburnett. He holds a Master of Business Administration degree with a concentration in Organizational Management from Syracuse University. Mr. Slye is serving or has served on committees with the Texas Municipal League and Texas City Managers Association. 3. Approved the site plans for Independence East and Freedom Parks; the Subdivider's Agreement for Water's Edge in Hogan's Glen; the Subdivider's Agreement and Final Plat for Neighborhood 1, Phase 2A, located in The Highlands at Trophy Club, northwest of the intersection of Trophy Club Drive and Bobcat Blvd.; Subdivider's Agreement and Final Plat for Neighborhood 5, Phase 2B located in The Highlands; Subdivider's Agreement and Final Plat for Neighborhood 6, Phase 3A. November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 4. Council reviewed design concept for a "round about" at Trophy Club and Trophy Lakes Drives. 6.Receive Board Update a. North Texas Ground Water Association Meeting b. Update from Joint Storage Tank Committee President Thomas and Director Sanders attended the September 22, 2010 meeting of the North Texas Ground Water District and the following bullets summarize the key points: 1. The District includes three representative each from Cook, Collin and Denton counties. 2. In 2009, TCEQ designated 20 counties that had to set up a district; otherwise the TCEQ would do so. 3. Cook, Collin and Denton formed their own district and have made it a "revenue-based" district versus a "tax-based" district which is what the TCEQ would have set up. 4. Revenue will eventually come from fees charged for well water pumped. 5. Most wells in the district are exempt from fees. Only commercial wells pumping more than 25 gallons per minute will be charged. 6. The fee is anticipated to be either $.01 or $.10 per 1000 gallons pumped. District Manager Scott will contact them for clarification. 7. Between April 1 and July 1 of 2011, all wells must be registered with the district. 8. After July 1, 2011, all new wells must be registered before drilling can commence; but the approval cycle is only five days. 9. Sometime between 1/1/2012 and 6/1/2012 fees will commence. 10. To dig a new well will require a $200 well deposit but the $200 will be returned once the well is dug and properly registered with the district. 11. Beginning 4/1/2011, all new wells will have to be registered with the district. 12. At this time, there is no fee associated with digging a new well. 13. First fee payment to the district will start on 9/2012. Secretary Carr gave the Board an update regarding the Committee meetings held regarding Ground Water Storage. The attendees at the first meeting, held approximately a month ago, were Mayor White, Interim Town Manager Seidel, Councilmember Strother, Director Sanders, Director Carr, and Community Development Director Huggins. Director Carr advised there was also a meeting earlier tonight. The discussion points were: 1. Fellowship Church land for purchase – Mayor White stated that the Church is open for discussion. The Town will take the lead for a possible loop road for Municipal Drive. 2. Medlin Land for additional storage location – No action taken. 3. Additional land purchase by Byron Nelson – Councilmember Glen Strother not available for update. 4. Increasing proposed elevated tank from 500,000 gallon to 2 million gallon. a. District Manager Scott presented a rough estimate from Deltatek Engineering. b. Contractor is currently in process of building similar tank. c. Cost with engineering fees will be approximately $2,710,165. d. Based on original bid of $1.6 million for the proposed 500,000 gallon elevated, the MUD’s portion for additional 1.5 million capacity would be $1.1 million. 5. Add 12 feet to the two (2) existing ground storage tanks. a. District Manager Scott provided estimates of $1,232,709 to extend the height on both tanks with an estimated completion period of approximately 4-6 months. 6. Educate our residents regarding water conservation; assist residents with programming their irrigation systems. November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 7. Town Staff will check zoning at both sites to make sure there are no height restrictions. District Manager Scott advised that anytime you have an elevated tank its good for water pressure. We can always come back and add to the existing ground storage tanks. President Thomas asked who would own the elevated tank. Director Carr commented that was a good question. Director Sanders added that still needs to be worked out. Action Items: 2010-140-M17.Review and Approve Disbursements & Variance Report a. September 2010 Sept 2010 Financial Variance Reports.pdfAttachments: A motion was made by Secretary/Treasurer Carr, seconded by Director Sanders, to Approve the Disbursements and Variance Report for September 2010. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-89-M18.Discuss and take appropriate action to award / reject bids received for Trinity Well No. 2 Project. (Scott) Bid Tab-2nd Re-Bid-Trinity Well No2.pdfAttachments: District Manager Scott stated the bid tab is in the packet for the Board’s review. We received three bids on this project. Scott requested a recommendation from the Board. Director Armstrong asked for District Manager Scott’s input and what advantages may the MUD realize by drilling this well? District Manager Scott stated that it is a gamble due to the water tables and the mineral content of the water. Right now we utilize the Trinity Well in the summertime during high consumption times, unless we were to get lucky and hit a good pocket of water, which would be the Glen Rose. The advantage would be that it would lessen the load from the City of Fort Worth and would reduce our chances of incurring peaking charges from City of Fort Worth. Scott advised that a cost analysis was performed by former Director Twomey's, who estimated a recoup of costs in three to four years. Another factor to consider is the anticipated costs to be incurred by North Texas Ground Water Conservation District, which could be anywhere from a few cents up to $0.30 cents per thousand gallons. Director Sanders summarized that this is a long-term investment for a well that would allow the District to have more capacity, and if comes in cleaner, then we would be able to mix more. District Manager Scott suggested the Board may want to wait until after the Joint Meeting with Town Council as we may want to go out for a bond on the Well and possible expansion of the Ground Storage Tanks. The Board directed Staff to do an updated cost-benefit analysis and bring that back November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes to the Board for their review and input. Discussion held; no action taken. 2010-137-M19.Discuss and take appropriate action regarding funding options for a new Trinity Well. No discussion held beyond what was discussed under Agenda No. 8; 2010-89-M1. 2010-144-M110.Discuss and take the appropriate action to establish an Audit Committee. A motion was made by President Thomas, seconded by Director Sanders, nominating Secretary/Treasurer Carr and Director Armstong to head the Audit Committee. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-139-M111.Discuss and take appropriate action regarding Amendment to the Information Form (September 2010). SEPT AMENDMENT TO INFO FORM-101910.pdfAttachments: A motion was made by Director Sanders and seconded by Secretary/Treasurer Carr to approve the Amendment to the Information Form - September 2010. Motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-145-M112.Discuss and take appropriate action concerning a three-year contract with Constellation NewEnergy, Inc. CNE DR Agreement.pdf Email-CPwer-Constellation-LoadAnalysis-110710.pdf Attachments: A motion was made by Secretary/Treasurer Carr, seconded by Vice President Moss, to approve this Contract with Constellation Energy. Floor opened for discussion. Director Sanders asked if Counsel has reviewed. Attorney Liston advised she had not reviewed the contract. Mover amended his motion by adding approval for the contract is "pending attorney review." Seconder agreed to the amended motion. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - Agenda Item No. 13, 2010-138-M1 - After some brief discusssion and motions to table/move this agenda item to the end, the Board agreed to go into Executive Session to seek advice from their attorney. See below for further on this Agenda Item. 2010-75-M114.Discuss and take appropriate action concerning an Order to amend Order 2009-0915, Attachment B, Section 2, Fees and Expense Policy, and Attachment F, Rules of Procedure. November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes Agenda Item 15 Discussion Items-Sanders.pdf Request to Speak before the MUD 1 Board.pdf M1-O-2010-1116-Code Of Conduct-TrackedChanges.pdf M1-O-2010-1116-Code Of Conduct-AC.pdf Attachments: Director Sanders requested that we not approve tonight. Sanders felt that some items he felt should be included were not addressed. Sanders requested more time to review. With regard to payment of Directors' fees, Sanders would prefer to change 30 days to 60 days. Sanders requested further clarification and/or guidelines as to when a Director should receive compensation. Sanders stated that he would like the Board to agree on what the guidelines should be. Director Carr suggested having the Board review the document and then bring their suggested revisions to the December 6th Joint Session meeting. This will enable staff to have a document available for Board’s review by the next Board meeting (Tuesday, December 14th, 2010), to which the Board agreed. Discussion held; no action taken. 2010-134-M115.Review and Approve Minutes: a. September 1, 2010 - Budget Workshop Meeting b. September 9, 2010 - Special Joint Meeting c. September 14, 2010 - Regular Session M1-Minutes-090110-Budget Workshop.pdf M1-Minutes-090910-SpecialJointSession.pdf M1-Minutes-091410-RegularSession.pdf Attachments: A motion was made by Director Sanders, seconded by Secretary/Treasurer Carr, to Approve the minutes for September 1, September 9, and September 14, 2010. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - Review & Discuss 16.Review Monthly Tax Collection Report a. November 2010 Tax Collection Report-September.pdf Tax Collection Report-October-2010.pdf PID Tax Report-Sept 2009.pdf PID Tax Report-Oct 2010.pdf Attachments: Finance Director DuBose advised that Denton County now has a new Tax Collection Report, which may be difficult to decipher. DuBose referred the Board to the Financial Reports generated by Finance, which may be easier to comprehend. The Board reviewed the September 2010 tax collection report with no action required. 2010-36-M117.Set Next Meeting Date: a. Tuesday, December 21, 2010 at 7:00 p.m. - Regular Session b.Joint Quarterly Meetings: ii. Tuesday, December 7th, 2010 at 6 pm iii. Wednesday, February 9, 2011 at 7 pm ~ Tentative, may want to move to March (3 months from December). November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes Dec 2010 Calendar.pdfAttachments: The Board agreed to meet on their next regularly scheduled meeting date and time. 18.Items for Future Agendas a. Funding of Future Capital Projects; i.e., 2 MG Storage Tank b. Water Rate Study c. Disaster Planning d. Upper Trinity Ground Water Association (Sanders) The Board agreed to remove Item "D" - Ground Water Association President Thomas requested an agenda item regarding AWBD - Association of Water Board Directors' Water Smart Program. Board would like an update from Counsel on next month's agenda (December) regarding the possibility of MUD 1 sponsorship of a Town-owned park. Chief Thomas asked for an agenda item to discuss the need for a new Ladder Truck for the Fire Department, as the current Ladder truck is starting to have maintenance problems. Items for the Joint Agenda with Town Council: Discussion and possible action regarding Water Conservation Report from the MUD regarding the amended Fire Plan and possible joint action to give direction for operation, reporting structure and bugeting for EMS Discussion regarding Joint Ground Water Storage, committee update, and possible action Discussion and possible action regarding MUD sponsorship of Town park. Board took a brief recess at 9:31 p.m. prior to going into Closed/Executive Session. Board went into Closed/Executive Session at 9:38 p.m. Pursuant to Texas Government Code, Annotated, Subchapter 551, Section 551.071 (1) and (2) "Consultation with Attorney", the Board will enter into executive session to discuss the following: Concerning request by a citizen, Steven Kohs, on October 1, 2010, for reimbursement for director fees beginning March 2008 and ending May 2010, for Mr. Kohs' term as Director on the MUD 2, Master District and MUD 1 Boards. Board closed Closed/Executive Session and went into Open Session at 9:57 p.m. 2010-138-M113.Discuss and take appropriate action concerning request by a citizen, Steven Kohs, on October 1, 2010, for reimbursement for director fees beginning March 2008 and ending May 2010, for Mr. Kohs' term as Director on the MUD 2, Master District and MUD 1 Boards. Kohs Email 042609.pdf Kohs' request.pdf Kohs-Email Re DonationDirectorFees.pdf Attachments: President Thomas advised that he is concerned about setting a precedent. There is November 16, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes a former MUD director in Town who served on the Board for 13-plus years and he never requested reimbursement for director fees. Director Carr agreed with Thomas’ comments, as there are other Directors who have served on numerous committee meetings and this could become extremely costly to the District. Director Carr moved and President Thomas seconded the motion to reject the request by Steven Kohs for reimbursement for director fees. Floor opened up for discussion. Director Armstrong requested the Board go into Executive Session to receive advice from our attorney. Director Sanders stated he was not comfortable paying for past fiscal years. Sanders asked if It is even possible to pay for past fiscal years? Finance Director DuBose stated that is a question for the auditors. Board agreed to go into Executive Session. Director Sanders moved and Director Moss seconded to table this item to be the very last item. Motion CARRIED unanimously. Director Sanders moved and Director Carr seconded to move this Agenda Item off the table. Motion CARRIED unanimously. Director Carr moved to withdraw his motion. President Thomas seconded the motion. Motion CARRIED unanimously. A motion was made by Secretary/Treasurer Carr, seconded by Director Moss, to deny the request by Steven Kohs based upon the advice of Counsel. A "substitute" motion was made by Director Sanders to move that we pay Director Kohs' fees for FY 2009-10 when he was a director, except for the days requested in error, which would not exceed $2,000. Motion died for a lack of a second. The "Original" motion CARRIED 4-1-0, with Director Sanders voting against. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersNo:1 - Adjourn Meeting adjourned at 10:00 p.m. ___________________________ James C. Thomas, President (Seal) ____________________________ Kevin R. Carr, Secretary ____________________________ Mary Moore, MUD Secretary 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-152-M1 Name: Status:Type:M1 Agenda Item Draft File created:In control:2/23/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:8/17/2010 Title:Set Next Meeting Date: a. Tuesday, January 18th, 2011 at 7:00 p.m. - Regular Session Attachments:Calendar Jan 2011.pdf Action ByDate Action ResultVer. TabledTrophy Club Municipal Utility District No. 1 3/16/2010 1 File #: 2010-152-M1, Version: 1 Title Set Next Meeting Date: a. Tuesday, January 18th, 2011 at 7:00 p.m. - Regular Session 112/9/2010 10:54 AMMary MooreSMTWT F S12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31January 2011SMTWT F S12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28February 2011January 2011MondayTuesdayWednesdayThursdayFridaySat/SunJanuary 1, 2011237:00pmCouncil (MUD Bd Rm)49:00amRoutine Staff Meeting(PS Conference Room)4:00pmPolice Chaplain Meeting (internal) (Police Training R567:00pmP&Z Commission (Council Chambers)789106:30pmEDC B (Svore Municipal Building Boardroom)119:00amRoutine Staff Meeting(PS Conference Room)7:00pmParks & Recreation Board (Svore Municipal Building 1213141516177:00pmCouncil (MUD Bd Rm)189:00amRoutine Staff Meeting(PS Conference Roo7:00pmTCMUD No.1 Meeting(Svore Municipal Buil7:00pmTrophy Club Park SubCommittee (PS Confe1910:00amEAC (PS Conference Room)12:00pmCOURT (Svore Municipal Building Boardroom)207:00pmP&Z Commission (Council Chambers)21222324259:00amRoutine Staff Meeting(PS Conference Roo4:00pmTBD - ZBA (Svore Municipal Buildling 7:00pmCitizens Police Academy Alumni 26276:00pm Public Safety Advisory Committee (Internal) (Police Dept. Training Room)28293031