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HomeMy WebLinkAboutSeptember 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, September 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. PUBLIC HEARING Trophy Club Municipal Utility District No. 1 to conduct a Public Hearing regarding: A.Proposed tax rate to increase, decrease, or remain the same for the fiscal year beginning October 1, 2010 and ending September 30, 2011. B.TCMUD No. 1 Budget for fiscal year beginning October 1, 2010, and ending September 30, 2011. REGULAR SESSION Action Items: 1.2010-129-M1 Discuss and take appropriate action regarding Resolution 2010-0914, adopting and approving the Budget for Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2010, and ending September 30, 2011. TCMUD1-R-2010-0914-Aprv Budget.pdf 00 REVENUE SUMMARY.pdf INTERESTandSINKING.pdf O&M SUMMARY.pdf Tax Rate Impact Summary 10-11 Budget 09-14-10.pdf 045 FIRE EXPENSES.pdf Attachments: TCMUD No. 1 1 of 93 14 Sept 2010 September 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 2.2010-130-M1 Discuss and take appropriate action regarding Resolution 2010-0914-A, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1, 2010, and ending September 30, 2011. M1-Resolution-2010-0914-A-DebtSvc.pdfAttachments: 3.2010-131-M1 Discuss and take appropriate action regarding Resolution 2010-0914-B, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for operation and maintenance, including the portion of such tax rate to support the Fire Department, for the fiscal year beginning October 1, 2010, and ending September 30, 2011. TCMUD1-R-2010-0914-B-OnM.pdfAttachments: 4.2010-132-M1 Discuss and take appropriate action regarding Resolution 2010-0914-C, approving the Trophy Club Municipal Utility District No. 1 tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for 2010. M1-Resolution-2010-0914-C-Aprv Tax Roll.pdfAttachments: 5.2010-133-M1 Discuss and take appropriate action regarding Order 2010-0914, the 2010 Rate Order. M1-O-2010-0915-Rate Order.pdf SevenPercentIncreaseUtilityRate.pdf Attachments: 6.2010-121-M1 Discussion and possible action regarding construction, location and funding options for a new 2 million gallon ground storage tank. (Moss) 7.2010-136-M1 Discuss and take appropriate action regarding rebidding for a new Trinity Well. 8.2010-137-M1 Discuss and take appropriate action regarding funding options for a new Trinity Well. 9.2010-74-M1 Receive report from Legal Counsel regarding legal representation; discussion and possible action regarding same. (Armstrong) Communication to Directors Regarding Legal Services.pdf West Letter re Legal Service Fees.pdf Liston-Ltr hourly fees 9 2 10.pdf Attachments: 10.2010-135-M1 Discuss and take appropriate action regarding appointment of a MUD representative to attend the interviews for new Town Manager. TCMUD No. 1 2 of 93 14 Sept 2010 September 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 11.2010-127-M1 Review and Approve Disbursements & Variance Report a. August 2010 August 2010 Financials.pdfAttachments: 12.2010-128-M1 Review and Approve Minutes: a. August 17, 2010 - Regular Session M1-Minutes-081710-Regular Session.pdfAttachments: Reports & Updates 13.Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Monthly Update - PID Development/Homes c. Update on effects of recent storm. d. Update on High Speed Pump e. Update on new hire Water Pumped Versus Billed.pdf PID Connection Summary-August 2010.pdf Attachments: 14.Receive Finance Director's Report a. To provide Board with a monthly update and address the Board's questions. 15.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. 16.Receive Town Council Update a. Councilmember Rose to provide the Board with an update of Council meetings, notices and relevant business. Review & Discuss 17.Review Monthly Tax Collection Report a. August 2010 18.2010-69-M1 Set Next Meeting Date: a. Regular Session - Tuesday, October 19, 2010, 7:00 p.m. b. Joint Quarterly Meetings: i. Wednesday, November 10, 2010, 7:00 pm ii. Thursday, February 10, 2011, 7:00 pm October Calendar.pdfAttachments: TCMUD No. 1 3 of 93 14 Sept 2010 September 14, 2010Trophy Club Municipal Utility District No. 1 Meeting Agenda 19.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) Adjourn Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. * THE BOARD RESERVES THE RIGHT TO ADJOURN INTO A CLOSED SESSION AT ANY TIME DURING THE MEETING FOR THE PURPOSE OF SEEKING THE ADVICE OF ITS ATTORNEY ABOUT ANY ITEM ON THE AGENDA OR THAT ARISES AT THE MEETING, PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE. TCMUD No. 1 4 of 93 14 Sept 2010 September 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, SEPTEMBER 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, SEPTEMBER 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: ___________________________ TCMUD No. 1 5 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-129-M1 Name: Status:Type:M1 Resolution Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding Resolution 2010-0914, adopting and approving the Budget for Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2010, and ending September 30, 2011. Attachments:TCMUD1-R-2010-0914-Aprv Budget.pdf 00 REVENUE SUMMARY.pdf INTERESTandSINKING.pdf O&M SUMMARY.pdf Tax Rate Impact Summary 10-11 Budget 09-14-10.pdf 045 FIRE EXPENSES.pdf Action ByDate Action ResultVer. TCMUD No. 1 6 of 93 14 Sept 2010 File #: 2010-129-M1, Version: 1 Title Discuss and take appropriate action regarding Resolution 2010-0914, adopting and approving the Budget for Trophy Club Municipal Utility District No. 1 for fiscal year beginning October 1, 2010, and ending September 30, 2011. TCMUD No. 1 7 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2010-0914 A RESOLUTION TO APPROVE THE FY 2010-2011 BUDGET FOR TROPHY CLUB MUD NO. 1 A RESOLUTION OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, OF DENTON AND TARRANT COUNTIES, TEXAS; APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011, PROVIDING THAT EXPENDITURES FOR SAID FISCAL YEAR BE MADE IN ACCORDANCE WITH SAID BUDGET, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, an annual budget for the fiscal year beginning October 1, 2010 and ending September 30, 2011, has been duly created by the Finance Department of the Trophy Club Municipal Utility District No. 1 (the “District”) in accordance with Section 49.057(b) of the Texas Water Code; and WHEREAS, a public hearing was held on September 14, 2010, in accordance with Section 49.057(b) of the Texas Water Code, following due publication of notice thereof at which time all citizens and parties of interest were given the opportunity to be heard regarding the proposed 2010-2011 fiscal year budget; and WHEREAS, after full and final consideration, it is the opinion of the Board of Directors of District No. 1, that the 2010-2011 fiscal year budget of revenues and expenditures, as hereinafter set forth, should be adopted and approved. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: Section 1. That the annual budget of revenues and expenditures necessary for conducting affairs of the District for the fiscal year 2010-2011, attached hereto and incorporated herein as Exhibit A, providing for a financial plan for the ensuing fiscal year is hereby approved and adopted. Section 2. That the expenditures during the fiscal year shall be made in accordance with this budget unless otherwise authorized by proper amendment. Said budget document shall be on file for public inspection in the office of the District. TCMUD No. 1 8 of 93 14 Sept 2010 Section 3. That unless otherwise modified by the Board of the District, the remaining budget for all capital improvements from fiscal year 2009-2010, attached hereto and incorporated herein as Exhibit B, not completed or started as of September 30, 2010, will be automatically carried over into fiscal year 2010- 2011. Section 4. That if any word, sentence, section, subsection, subdivision, paragraph, clause, phrase or provision of this Resolution shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this resolution as a whole or any part of the provision hereof other than the part so decided to be invalid or unconstitutional. Section 5. That all provisions of the resolutions of the District’s Board of Directors in conflict with the provisions of this resolution shall be and the same are hereby repealed and all other provisions of the resolutions of the MUD 1 Board not in conflict with the provisions of this resolution shall remain in full force and effect. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND APPROVED by the Board of Directors of Trophy Club Municipal Utility District No. 1, this the 14th day of September, 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 9 of 93 14 Sept 2010 EXHIBIT “A” (Budget – pending Board’s approval) TCMUD No. 1 10 of 93 14 Sept 2010 EXHIBIT “B” TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2010-0914 A RESOLUTION TO APPROVE THE FY 2010-201 BUDGET FOR TROPHY CLUB MUD NO. 1 There are no capital improvements from fiscal year 2009-2010 to be carried over into fiscal year 2010-2011 budget. TCMUD No. 1 11 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICTS, TX ANNUAL PROGRAM OF SERVICES LINE ITEM DETAIL MUD 1 MUD 1 CONSOLIDATED CONSOLIDATED REVENUES 2009-10 2009-10 2010-11 2010-11 2010-11 2010-11 ADOPTED ESTIMATED OPTION 1 OPTION 2 OPTION 3 OPTION 4 PROPERTY TAX Property Taxes 277,854 282,000 - - - - Property Taxes/P & I - 4,500 - - - - TOTAL PROPERTY TAX 277,854$ 286,500$ -$ -$ -$ -$ RATE REVENUE Water 1,683,525 1,536,494 1,677,851 1,677,851 1,677,851 1,709,811 Sewer 1,058,620 986,831 1,077,619 1,077,619 1,077,619 1,098,146 Commercial Water 748,780 660,217 762,551 762,551 762,551 777,075 Commercial Sewer 333,595 255,228 294,788 294,788 294,788 300,403 PID #1 Water 201,396 175,457 191,599 191,599 191,599 195,249 PID #1 Sewer 59,900 66,826 72,974 72,974 72,974 74,364 TOTAL RATE REVENUE 4,085,816$ 3,681,053$ 4,077,382$ 4,077,382$ 4,077,382$ 4,155,048$ PENALTY & SERVICE CHARGES Standby 1,140 650 - - - - Penalties 55,000 40,000 50,000 50,000 50,000 50,000 Service Charges 16,000 17,000 17,500 17,500 17,500 17,500 Plumbing Inspections - 1,000 - - - - Sewer Inspections 1,250 3,000 3,000 3,000 3,000 3,000 Tap Fees - 1,500 - - - - TCCC Effluent Charges 60,000 35,000 47,500 47,500 47,500 47,500 Fire Line - 4,800 5,000 5,000 5,000 5,000 Out of District / Port Meters 36,150 16,500 16,000 16,000 16,000 16,000 Out of District / Sewer 15,500 9,900 10,000 10,000 10,000 10,000 Out of District / Portable Penalties 200 700 500 500 500 500 TOTAL PENTALTY & SERVICE CHARGES 185,240$ 130,050$ 149,500$ 149,500$ 149,500$ 149,500$ GENERAL REVENUE Utility Fees - 50,000 69,000 69,000 167,900 167,900 Interest Income 2,000 2,100 2,000 2,000 2,000 2,000 Lease/Rental Income - 850 - - - - Cell Tower Revenue 10,164 10,164 10,164 10,164 10,164 10,164 Building Rent Income 7,000 7,000 7,000 7,000 7,000 7,000 Sales of Assets - 7,500 - - - - Vending Machines 850 870 850 850 850 850 Transfer from GASB Reserves 12,710 - 54,314 54,314 54,314 54,314 Oversize Meter Reimbursement 36,000 50,000 50,000 50,000 50,000 50,000 Miscellaneous Income 14,100 14,700 14,500 14,500 14,500 14,500 Sewer/Septic Dump Revenues 32,000 44,000 48,000 48,000 48,000 48,000 Gas Well Revenue 6,200 2,000 2,000 2,000 2,000 2,000 TOTAL GENERAL REVENUE 121,024$ 189,184$ 257,828$ 257,828$ 356,728$ 356,728$ TOTAL REVENUE 4,669,934$ 4,286,787$ 4,484,710$ 4,484,710$ 4,583,610$ 4,661,276$ "A GREAT PLACE TO CALL HOME" TCMUD No. 1 12 of 93 14 Sept 2010 TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1 ANNUAL PROGRAM OF SERVICES LINE ITEM DETAIL 2009-10 2009-10 2010-11 2010-11 2010-11 2010-11 INTEREST & SINKING FUND ADOPTED ESTIMATED OPTION 1 OPTION 2 OPTION 3 OPTION 4 $0.205 $0.205 $0.20172 $0.195 $0.195 $0.195 REVENUES Property Taxes 703,310$ 728,000$ 834,559$ 755,713$ 755,713$ 755,713$ Property Taxes/P & I 9,000 14,000 9,500 9,500 9,500 9,500 Interest Income 2,000 2,000 1,000 750 500 500 Prior Year Reserves - - - - - - From M1- Water Plant Renovation - - - - - - Fire Rent 308,000 308,000 308,000 308,000 308,000 308,000 PID Connection Fees 345,000 345,000 345,000 345,000 (1)246,100 246,100 Interfund Trans In (MUD1 O&M)- - - - - - Interfund Trans In (MUD2 O&M)- - - - - - TOTAL REVENUES 1,367,310 1,397,000 1,498,059 1,418,963 1,319,813 1,319,813 EXPENDITURES Paying Agent Fees 4,000 3,500 3,500 3,500 3,500 3,500 Bond Interest Expense 308,310 308,310 379,559 379,559 379,559 379,559 Bond Principal Payment 1,055,000 1,055,000 1,115,000 1,115,000 1,115,000 1,115,000 TOTAL I & S EXPENDITURES 1,367,310 1,366,810 1,498,059 1,498,059 1,498,059 1,498,059 TOTAL REVENUES OVER EXPENDITURES -$ 30,190$ -$ (79,096)$ (178,246)$ (178,246)$ BEGINNING FUND BALANCE 239,434 239,434 269,624 269,624 269,624 269,624 ENDING FUND BALANCE 239,434$ 269,624$ 269,624$ 190,528$ 91,378$ 91,378$ (1) For "OPTION 3" scenario, 43 PID connection fees go to O&M instead of Debt Service "A GREAT PLACE TO CALL HOME" TCMUD No. 1 13 of 93 14 Sept 2010 TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1 ANNUAL PROGRAM OF SERVICES OPERATIONS AND MAINTENANCE SUMMARY MUD 1 MUD 1 MUD 1 MUD 1 MUD 1 MUD 1 MUD 1 CONSOLIDATED CONSOLIDATED CONSOLIDATED CONSOLIDATED CONSOLIDATED CONSOLIDATED CONSOLIDATED 2009-10 2009-10 2009-10 2010-11 2010-11 2010-11 2010-11 OPERATIONS AND MAINTENANCE ADOPTED AMENDED ESTIMATED OPTION 1 OPTION 2 OPTION 3 OPTION 4 UTILITY OPERATIONS REVENUES Property Tax 277,854$ 277,854$ 286,500$ -$ -$ -$ -$ Rate Revenue 4,085,816 4,085,816 3,681,053 4,077,382 (1)(2)4,077,382 4,077,382 (4)4,155,048 Penalty and Service Charges 185,240 185,240 130,050 149,500 149,500 149,500 149,500 General Revenue 121,024 121,024 189,184 257,828 257,828 (3)356,728 356,728 TOTAL REVENUE 4,669,934 4,669,934 4,286,787 4,484,710 4,484,710 4,583,610 4,661,276 EXPENDITURES Water Operations 2,258,197 2,258,197 1,939,898 2,367,044 2,367,044 2,367,044 2,367,044 Wastewater Operations 821,117 821,117 972,090 799,396 799,396 799,396 799,396 Systems Collections 362,560 362,560 327,053 416,658 416,658 416,658 416,658 Board of Directors 91,833 37,975 24,119 24,528 24,528 24,528 24,528 Manager's Office 366,396 366,396 378,472 547,908 547,908 547,908 547,908 Utility Billing 179,196 179,196 169,724 234,652 234,652 234,652 234,652 Finance 228,363 190,963 173,058 113,706 113,706 113,706 113,706 Information Systems 234,346 234,346 205,202 157,923 157,923 157,923 157,923 Human Resources 40,813 40,813 40,789 6,945 6,945 6,945 6,945 Tax Supported Non Departmental - 91,258 119,948 - - - - Facilities Management 87,113 87,113 77,837 90,739 90,739 90,739 90,739 TOTAL EXPENDITURES 4,669,934 4,669,934 4,428,190 4,759,499 4,759,499 4,759,499 4,759,499 TOTAL UTILITY REVENUES OVER (UNDER) EXPENDITURES - - (141,403) (274,789) (274,789) (175,889) (98,223) BEGINNING FUND BALANCE 1,857,831 1,857,831 1,857,831 1,716,428 1,716,428 1,716,428 1,716,428 ENDING FUND BALANCE 1,857,831$ 1,857,831$ 1,716,428$ 1,441,639$ 1,441,639$ 1,540,539$ 1,618,205$ 30%30%32%34% (1) Reflects a 5% increase in water and sewer rates for 2010-2011 (2) Reflects a 4% growth rate for 2010-2011 (3) For "OPTION 3" scenario, addition 43 PID connection fees go to O&M instead of Debt Service (1) Reflects a 7% increase in water and sewer rates for 2010-2011 "A GREAT PLACE TO CALL HOME" TCMUD No. 1 14 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICTS, TX ANNUAL PROGRAM OF SERVICES Tax Rate Scenarios FY 2010-2011 OPTION 1 OPTION 2 OPTION 3 Tax Rate Tax Rate Tax Rate GENERAL FUND O & M 2009-10 2009-10 2009-10 REVENUE PROPOSED PROPOSED PROPOSED Property Tax 86,314$ 86,314$ 86,314$ EXPENSES Property Tax Appraisal Fees 20,211$ 20,211$ 20,211$ Property Tax Administration Fees 3,603 3,603 3,603 Legal 35,000 35,000 35,000 Audit 27,500 27,500 27,500 EXPENDITURES 86,314 86,314 86,314 TOTAL REVENUE (SHORTFALL)-$ $0.00879 -$ $0.00879 -$ $0.00879 FIRE DEPARTMENT O & M REVENUES Property Taxes 1,072,786$ 1,072,786$ 1,072,786$ Denton/Tarrant Cty Pledge - Fire 13,750 13,750 13,750 Property Taxes P & I 7,500 7,500 7,500 Misc Fire Revenues 2,500 2,500 2,500 REVENUES 1,096,536 1,096,536 1,096,536 EXPENSES Operations & Maintenance Expenses 1,208,184$ 1,208,184$ 1,208,184$ TOTAL REVENUES (SHORTFALL)/SURPLUS (111,648)$ (111,648)$ (111,648)$ PID Assessment Contribution 111,648 111,648 111,648 TOTAL REVENUES (SHORTFALL)/SURPLUS -$ $0.10925 -$ $0.10925 -$ $0.10925 INTEREST & SINKING FUND REVENUES Property Taxes 834,559$ 755,712$ 755,712$ Property Taxes/P & I 9,500 9,500 9,500 Interest Income 1,000 750 500 Fire Rent 308,000 308,000 308,000 PID Connection Fees 345,000 345,000 246,100 REVENUES 1,498,059 1,418,962 1,319,812 EXPENDITURES Paying Agent Fees 3,500$ 3,500$ 3,500$ Bond Interest Expense 379,559 379,559 379,559 Bond Principal Payment 1,115,000 1,115,000 1,115,000 1,498,059 1,498,059 1,498,059 EXPENDITURES TOTAL REVENUES (SHORTFALL)/SURPLUS -$ $0.08499 (79,097)$ $0.07696 (178,247)$ $0.07696 TOTAL TAX RATE $0.20303 $0.19500 $0.19500 "A GREAT PLACE TO CALL HOME" TCMUD No. 1 15 of 93 14 Sept 2010 TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1 ANNUAL PROGRAM OF SERVICES LINE ITEM DETAIL FIRE OPERATIONS FUND 2008-09 2009-10 2009-10 2009-10 2010-11 DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED REVENUE Assessment - Emerg Svcs - 51,966 51,966 51,966 111,648 Property Taxes/MUD Fire - 1,117,013 1,117,013 1,134,034 1,072,786 Property Taxes/Fire P&I - 6,500 6,500 15,500 7,500 Fire Permits/Sprinkler - - - 3,600 - Fire Inspections - - - 675 - Denton/Tarrant Cty Pledge - Fire 10,000 13,750 13,750 13,750 13,750 Intergov Trans In (MUD1 Fire) 633,242 - - - - Intergov Trans In (MUD2 Fire) 506,490 - - - - Intergov Trans In (PID Fire) 20,653 - - - - Intergov Trans In (P&I) 430 - - - - Fire Grants 3,000 - - - - Misc Fire Revenue 978 1,200 1,200 1,200 2,500 Interest Income 425 - - 30 - Miscellaneous Income - - - 18,925 - TOTAL REVENUES 1,175,218$ 1,190,429$ 1,190,429$ 1,239,680$ 1,208,184$ EXPENDITURES PERSONNEL SERVICES Salaries & Wages 373,637 398,849 398,620 404,361 390,466 Overtime 37,818 40,298 40,298 38,350 40,298 DPS Holiday Pay 10,763 11,329 11,464 11,464 11,604 Longevity 2,204 2,704 2,798 2,798 2,946 Certification 7,064 5,356 5,356 6,266 5,401 Retirement 47,124 59,532 59,532 61,425 63,016 Medical Insurance 43,162 42,897 42,897 41,478 54,809 Dental Insurance 2,684 3,052 3,052 2,964 2,819 Vision Insurance 579 493 493 448 505 Life Insurance & Other 2,228 2,582 2,582 2,237 2,491 Social Security Taxes 23,146 26,516 26,516 27,705 26,252 Medicare Taxes 5,413 6,201 6,201 6,479 6,140 Unemployment Taxes 378 549 549 1,700 1,387 Workman's Compensation 8,956 9,799 9,799 12,276 13,134 Pre-Employment Physicals/Testing 609 675 675 278 675 TOTAL PERSONNEL SERVICES 565,765 610,832 610,832 620,229 621,943 Maintenance & Repairs 2,377 5,400 5,400 5,000 5,562 Vehicle Maintenance 7,154 13,500 13,500 13,500 13,500 Equipment Maintenance 873 3,500 3,500 3,500 3,675 Building Maintenance 4,110 11,000 11,000 3,000 11,000 Maintenance-Radios 563 1,000 1,000 1,000 1,050 Professional Outside Services 45,157 40,000 40,000 39,388 40,000 TOTAL PROF & CONTRACT SVCS 60,234 74,400 74,400 65,388 74,787 PROFESSIONAL & CONTRACTUAL SVC "A GREAT PLACE TO CALL HOME" TCMUD No. 1 16 of 93 14 Sept 2010 TROPHY CLUB, TEXAS CONSOLIDATED MUNICIPAL UTILITY DISTRICT NO. 1 ANNUAL PROGRAM OF SERVICES LINE ITEM DETAIL FIRE OPERATIONS FUND 2008-09 2009-10 2009-10 2009-10 2010-11 DESCRIPTION ACTUAL ADOPTED AMENDED ESTIMATE PROPOSED OPERATING EXPENSES Telephone 44 100 100 100 103 Communications/Pagers/Mobiles 2,287 2,477 2,477 2,200 1,874 Electricity 10,375 16,571 16,571 16,571 17,400 Water 2,764 3,100 3,100 1,000 3,193 Rent And/Or Usage 308,000 308,000 308,000 308,000 308,000 Postage 134 93 93 93 95 Insurance 5,280 19,024 19,024 19,024 19,975 Publications/Books/Subscripts 280 364 364 264 382 Dues & Memberships 7,196 7,960 7,960 6,500 8,358 Meetings 336 300 300 300 - Schools & Training 4,002 6,300 6,300 5,300 6,615 Emergency Management 1,000 1,000 1,000 1,000 1,000 Travel & Per Diem 2,796 6,769 6,769 5,769 7,107 Physicals/Tests 125 1,843 1,843 1,843 1,880 Advertising 118 150 150 - 153 Programs & Special Projects 2,573 4,000 4,000 4,000 4,080 Fire Inspection/Enforcement 425 1,000 1,000 1,000 1,000 Flags & Repair 1,869 2,307 2,307 2,307 2,422 Miscellaneous Expenses 1,478 1,200 1,200 1,200 1,213 TOTAL OPERATING EXPENSES 351,082 382,558 382,558 376,471 384,850 CONSUMABLE SUPPLIES Fuel & Lube 6,230 15,795 12,095 7,800 16,585 Uniforms 2,927 4,230 4,230 3,200 4,357 Protective Clothing 359 4,600 4,600 4,600 7,600 Chemicals 504 1,500 1,500 1,500 1,545 Small Tools 5,810 7,890 7,890 5,000 8,127 Office Supplies 279 310 310 310 319 Maintenance Supplies 1,630 2,526 2,526 2,526 2,652 Printing 230 100 100 - 103 TOTAL CONSUMABLE SUPPLIES 17,969 36,951 33,251 24,936 41,288 CAPITAL EXPENSES Grant Match - 3,000 10,000 10,000 3,000 Vehicles 15,963 7,500 4,200 4,183 4,183 Vehicle Equipment 3,363 - - - - Radios 1,203 - - - 2,500 Engine 681 Payment 73,911 72,943 72,943 72,943 73,388 Airpacks 2,245 2,245 2,245 2,245 2,245 TOTAL CAPITAL EXPENSES 96,685 85,688 89,388 89,371 85,316 EXPENDITURE TOTAL 1,091,735$ 1,190,429$ 1,190,429$ 1,176,395$ 1,208,184$ REVENUES OVER (UNDER) EXPENDITURES -$ -$ -$ 63,285$ -$ "A GREAT PLACE TO CALL HOME" TCMUD No. 1 17 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-130-M1 Name: Status:Type:M1 Resolution Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding Resolution 2010-0914-A, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1, 2010, and ending September 30, 2011. Attachments:M1-Resolution-2010-0914-A-DebtSvc.pdf Action ByDate Action ResultVer. TCMUD No. 1 18 of 93 14 Sept 2010 File #: 2010-130-M1, Version: 1 Title Discuss and take appropriate action regarding Resolution 2010-0914-A, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for debt service for the fiscal year beginning October 1, 2010, and ending September 30, 2011. TCMUD No. 1 19 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 RESOLUTION NO. 2010-0914-A A RESOLUTION TO SET THE COMPONENT OF THE MUD 1 TAX RATE FOR DEBT SERVICE FOR 2010 RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code, and Sections 49.211(a), 49.212(a), 54.601 and 54.602 of the Texas Water Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby finds that a tax rate of $0.07696 per $100 of taxable value, if applied to the total taxable value of property on the District's appraisal roll for the 2010 tax year, will impose the total amount of taxes needed to pay the District’s debt obligations during the next year, and that such tax rate is reasonable and necessary to service the District's debt obligations during the next year, including payments of lawfully incurred contractual obligations providing security for the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the District. It is therefore ordered by the Board of Directors of the District that the component of the 2010 tax rate for debt service is hereby set at $0.07696 per $100 of taxable value of each property included on the appraisal roll for the District for the 2010 tax year. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas this 14th day of September, 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 20 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-131-M1 Name: Status:Type:M1 Resolution Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding Resolution 2010-0914-B, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for operation and maintenance, including the portion of such tax rate to support the Fire Department, for the fiscal year beginning October 1, 2010, and ending September 30, 2011. Attachments:TCMUD1-R-2010-0914-B-OnM.pdf Action ByDate Action ResultVer. TCMUD No. 1 21 of 93 14 Sept 2010 File #: 2010-131-M1, Version: 1 Title Discuss and take appropriate action regarding Resolution 2010-0914-B, fixing and levying the Trophy Club Municipal Utility District No. 1 tax rate for operation and maintenance, including the portion of such tax rate to support the Fire Department, for the fiscal year beginning October 1, 2010, and ending September 30, 2011. TCMUD No. 1 22 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2010-0914-B A RESOLUTION TO SET THE COMPONENT OF THE MUD 1 TAX RATE FOR OPERATION AND MAINTENANCE EXPENDITURES FOR 2010, INCLUDING THE PORTION OF SUCH TAX RATE TO SUPPORT THE FIRE DEPARTMENT RESOLVED: Pursuant to Section 26.05 of the Texas Tax Code and Sections 49.107 and 49.351 of the Texas Water Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby finds that a tax rate of $.11804 per $100 of taxable value, if applied to the total taxable value of property on the District's appraisal roll for the 2010 tax year, will impose the amount of taxes needed to fund Operation and Maintenance Expenditures of the District for the next year, including the Fire Department Operations. The Board further finds that of this tax rate for Operation and Maintenance Expenditures, $.10925 per $100 of taxable value is reasonable and necessary to support the Fire Department under the plan previously approved by the District's electors, and that the remainder of $.00879 per $100 taxable value is reasonable and necessary to fund other Operation and Maintenance Expenditures of the District. It is therefore ordered by the Board of Directors of the District that the component of the 2010 tax rate for Operation and Maintenance Expenditures is hereby set at $.11804 per $100 of taxable value of each property included on the appraisal roll for the District for the 2010 tax year, of which $.10925 per $100 of taxable value shall be used to support the Fire Department and the remaining $.00879 per $100 of taxable value shall be used to fund other Operation and Maintenance Expenditures of the District. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, Trophy Club, Texas, this 14th day of September 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 23 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-132-M1 Name: Status:Type:M1 Resolution Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding Resolution 2010-0914-C, approving the Trophy Club Municipal Utility District No. 1 tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for 2010. Attachments:M1-Resolution-2010-0914-C-Aprv Tax Roll.pdf Action ByDate Action ResultVer. TCMUD No. 1 24 of 93 14 Sept 2010 File #: 2010-132-M1, Version: 1 Title Discuss and take appropriate action regarding Resolution 2010-0914-C, approving the Trophy Club Municipal Utility District No. 1 tax roll of the Denton Central Appraisal District and Tarrant Appraisal District for 2010. TCMUD No. 1 25 of 93 14 Sept 2010 TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 RESOLUTION NO. 2010-0914-C A RESOLUTION TO APPROVE THE 2010 MUD 1 TAX ROLL RESOLVED: Pursuant to Section 26.09 (e) of the Texas Tax Code, the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby approves the 2010 certified appraisal roll dated July 17, 2010 from Denton County Central Appraisal District and July 25, 2010 from Tarrant Appraisal District, in which the net taxable appraised value was listed as $701,544,858 and $290,755,925, respectively for a total of $981,954,998. The current 2010 tax rate (A total of $0.195/$100 assessed value) approved by the Board of Directors of Trophy Club Municipal Utility District No. 1, which has been imposed on each property included on the certified appraisal roll for the District for 2010, totals $1,914,812 actual levy. The Board hereby declares that such appraisal roll with amounts of tax entered shall constitute the District's tax roll for the 2010 tax year. 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 September, 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 26 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-133-M1 Name: Status:Type:M1 Order Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding Order 2010-0914, the 2010 Rate Order. Attachments:M1-O-2010-0915-Rate Order.pdf SevenPercentIncreaseUtilityRate.pdf Action ByDate Action ResultVer. TCMUD No. 1 27 of 93 14 Sept 2010 File #: 2010-133-M1, Version: 1 Title Discuss and take appropriate action regarding Order 2010-0914, the 2010 Rate Order. Body Staff recommends a 7% increase to the current utility rate to offset the City of Fort Worth's increase in water costs. Additionally, Staff is recommending adding a fee of $3.44 to users of over 51,000 gallons/month. Current Water Rates (Residential & Commercial): Proposed Water Rates: Basic Charge Fee (Does not include water usage) $11.88 $12.71- Basic Charge Fee (Does not include sewer usage) 0-6,000 gallons per month $2.32/1,000 gal $2.48/1,000 gallons -0-6,000 gallons per month 7,000 to 12,000 gallons per month $2.80/1,000 gal $3.00/1,000 gallons - 7,000-12,000 gallons per month 13,000 to 25,000 gallons per month $3.02/1,000 gal $3.23/1,000 gallons - 13,000-25,000 gallons per month 26,000-plus gallons per month $3.12/1,000 gal $3.34/1,000 gallons - 26,000 to 50,000 gallons per month $3.44/1,000 gallons - 51,000 plus gallons per month Current Sewer Rates - Residential:Proposed Sewer Rates - Residential: Basic Charge Fee (Does not include sewer usage) $11.88 $12.71 0-6,000 gallons per month $2.32/1,000 gal $2.48/1,000 gallons - 0-6,000 gallons per month 7,000-12,000 gallons per month $2.80/1,000 gal $3.00/1,000 gallons - 7,000-12,000 gallons per month 12,000 gallons maximum per month for residential 12,000 gallons maximum per month for residential Current Sewer Rates - Commercial:Proposed Sewer Rates - Commercial: Basic Charge Fee (Does not include sewer usage) $11.88 $12.71- Basic Charge Fee (Does not include sewer usage) 0-6,000 gallons per month $2.32/1,000 gal $2.48/1,000 gallons - 0-6,000 gallons per month 7,000-12,000 gallons per month $2.80/1,000 gal $3.00/1,000 gallons - 7,000-12,000 gallons per month 13,000-25,000 gallons per month $3.02/1,000 gal $3.23/1,000 gallons - 13,000-25,000 gallons per month 26,000-plus gallons per month $3.12/1,000 gal $3.34/1,000 gallons - 26,000 to 50,000 gallons per month $3.44/1,000 gallons - 51,000 plus gallons per month TCMUD No. 1 28 of 93 14 Sept 2010 2010 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER No. 2010-0914 AN ORDER ESTABLISHING POLICIES, PROCEDURES, AND RATES FOR WATER AND SEWER SERVICE; PROVIDING FEES FOR CONNECTION, RECONNECTION, INSPECTION, ACCURACY READINGS, AND RETURNED CHECKS; REQUIRING DEPOSITS FOR SERVICE; PROVIDING A PENALTY FOR DELINQUENT PAYMENTS; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is the owner and/or operator of a water and sewer system designed to serve present and future inhabitants within the District and the Trophy Club development; and WHEREAS, the District’s most recent Rate Order was adopted on September 15, 2009 (the “2009-2010 Rate Order”), several additional modifications are needed at this time, and the District desires to establish all of its rate policies in a single new Rate Order; and WHEREAS, the Board of Directors of the District has carefully considered the terms of this 2010 Rate Order and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. TCMUD No. 1 29 of 93 14 Sept 2010 A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or Water/Wastewater Superintendent has certified that the System or applicable portion thereof is operable. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. At any commercial establishment where an actual or potential contamination hazard exists, protection shall be required at the meter in the form of a backflow prevention assembly. The type of assembly required shall be the one known as “Reduced Pressure Zone” (RPZ) unless otherwise specified by the District through its Superintendent. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the MUD not later than a date to be fixed by the MUD. If the Customer fails to comply with the terms of this Order, the MUD shall, at its option, either terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. TCMUD No. 1 30 of 93 14 Sept 2010 C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer‘s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of six-thousand (6,000) square feet and less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, and as part of said line, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of said U-branch, meter, and meter-box shall be in the amount of five-hundred-twenty-five dollars ($525.00), payable at the time of permitting. A residence of more than eight-thousand (8,000) square feet, in addition to its regular one-inch (1”) water service line, shall have installed a separate one- and one-half inch (1½”) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of said separate line, meter and meter-box shall be either nine-hundred-seventy-five dollars ($975.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at the time of permitting. Section 1.03. Connections by District. All connections to the District’s sewer system shall be made in accordance with the District’s Plumbing Code and its rules and regulations. No person except the District Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, except for emergency firefighting purposes, or make any repairs or additions to or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water service or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system, unless otherwise specified by the Board of Directors of the District. No TCMUD No. 1 31 of 93 14 Sept 2010 sewer connection shall be covered in the ground before a representative of the District has inspected the sewer connection. No house lead shall be covered in the ground before the water connection has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one- hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re-inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re-inspection fee of twenty- five dollars ($25.00) shall be paid to the District for each subsequent re- inspection. Re-inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). B. Backflow Inspections. For all backflow installations (residential and commercial) inspected by the personnel of the District, an inspection fee of fifty dollars ($50.00) shall be paid to the District. Inspections that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re-inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required, a re-inspection fee of twenty- five dollars ($25.00) shall be paid to the District for each subsequent re- inspection. Re-inspections by the District requested after regular business hours will be charged at a minimum of one-hundred dollars ($100.00). C. Swimming Pool Discharge into Sanitary Sewer System. Any backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. An indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of 6” (or 152 mm) above adjacent grade. The tailpiece shall be connected to a TCMUD No. 1 32 of 93 14 Sept 2010 minimum three-inch (3” or 76 mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Section 1.05. Temporary Water Service. A. Construction Meters. The District shall be authorized to make a temporary connection to any fire hydrant or flushing valve upon request for temporary water service. All temporary service shall be metered and billed to the temporary customer as provided herein. All unauthorized withdrawal of water from flushing valves, fire hydrants, or other appurtenances of the District’s System without prior approval of the District, except for emergency fire-fighting purposes, is prohibited. B. Application and Deposit. Each temporary customer desiring temporary water service shall be required to execute an application for such temporary service and shall provide a minimum security deposit of one-thousand-seven-hundred-seventy-five dollars ($1,775.00) for a three- inch (3”) meter and RPZ; six-hundred-fifty dollars ($650.00) for a smaller meter and smaller RPZ. The deposit shall be made by cashier’s check or money order payable to the District. The deposit shall be used by the District to secure the payment for temporary water supplied by the District, the installation fee, and the cost of repair of any damages caused by the temporary customer. The balance of the security deposit, if any, shall be refunded after disconnection from the District’s System. C. Fees and Rates. A fee of one-hundred dollars ($100.00) for costs of installation, plus the cost of the metered water, shall be charged for temporary water service. The following rate for the sale of water for each temporary water service connection shall be in effect from the effective date hereof until such time as the Board amends said rate: Gallons Used Rate Any amount $3.44 per each 1,000 gallons D. Temporary Meter Use Constraints. To avoid damages resulting from freezing weather, all temporary construction and irrigation meters shall be removed from fire hydrants at the end of each day and no later than 4:00 p.m. beginning November 1 and through the following March 15. Any irrigation and/or construction meter found still attached to a fire hydrant after 4 p.m. beginning November 1 and through the following March 15, will be removed at a service charge fee of seventy-five dollars ($75.00). Should any irrigation and/or construction meter attached to a TCMUD No. 1 33 of 93 14 Sept 2010 fire hydrant cause damage as a result of being attached to a meter during freezing conditions beginning November 1 and through the following March 15, renter will be responsible for all costs associated with repair of damaged fire hydrant, to include labor costs. Section 1.06. Service Outside the District. The rates and charges stated in this Rate Order are for service to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon special approval by the Board of Directors of the District. Unless other provisions are established by a special contract approved by the Board of Directors of the District, any service to customers or property outside the boundaries of the District shall be at the same rates and terms as specified in this Rate Order, except that regular charges for water, sewer, and tap charges shall be doubled. Service to Trophy Club Park at Lake Grapevine is specifically exempted from the doubling provision of the preceding paragraph. Section 1.07. Water Meter and Water Tap Fees. Domestic one-inch (1”) meter: $ 256.00 Fee for MUD-made Water Tap: $1,000.00 Inspection Fee for Water Tap: $ 50.00 The one-thousand-dollar ($1,000.00) fee must be received by the District before any residential connection is initially made by MUD personnel to the District’s water system, which includes the cost for a one-inch (1”) meter. When taps have been made by someone other than MUD personnel, there is an installation/inspection fee of fifty dollars ($50.00) plus the cost of the appropriate meter. Any request by a customer for service from an oversized connection line or from a meter larger than a one-inch (1”) standard meter shall be granted by the District only if the customer agrees and makes suitable arrangements to pay the increased costs for such larger line and/or meter as set out above in Paragraph 1.02. Each customer requesting an initial connection to the District’s Water System shall also pay to the District the cost required to be paid by the District to the City of Fort Worth as a “water impact fee” or “water access fee” for the additional customer connection to the Fort Worth Water System. Section 1.08. Sewer Tap Fees. The charge for all taps of sewer lines within the District shall be equal to the cost to the District for making such connections. TCMUD No. 1 34 of 93 14 Sept 2010 Section 1.09. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. ARTICLE II SERVICE RATES Section 2.01. Water Service. The following monthly rates for the sale of water shall be in effect for each Separate Connection within the District from the effective date hereof until such time as the Board of Directors amends said rates: A. Chemically Treated Water. Water from the District’s facilities which has been mixed, chlorinated, or otherwise treated so that it is suitable for human use and consumption shall be at the following rates: (1) Single-Family Homes. Each single family home shall be billed as follows: Basic Charge Fee: (Does not include water usage) $12.71 0-6,000 gallons per month $2.48/1,000 gallons 7,000 to 12,000 gallons per month $3.00/1,000 gallons 13,000 to 25,000 gallons per month $3.23/1,000 gallons 26,000 to 50,000 gallons per month $3.34/1,000 gallons 51,000 plus gallons per month $3.44/1,000 gallons (2) Commercial. Each business service connection shall be deemed to be a single-family home for purposes of water service. (3) Clubs. Each club shall be deemed to be a single- family home for purposes of water service. (4) Golf Course. Each meter shall be deemed to be a single-family home for the purposes of water service. (5) Multi-Family Buildings. (i) Single Meter. Each multi-family building or complex of buildings that is served by a single meter shall be billed for water at the same rate as a single- family home, with a Basic Charge Fee of $12.71 times the number of units in the building or complex. TCMUD No. 1 35 of 93 14 Sept 2010 (ii) Multiple Meters. If a multi-family building or complex of buildings is served by more than one meter, then water delivered through each meter shall be billed at the same rate as a single family home, with a Basic Charge Fee of $12.71 times the number of units served by the meter. (6) Public Access Parks. Any water or sewer services utilized by the Town of Trophy Club in public access parks for the operation and maintenance of such parks will be billed at the in-district rate. Such water and sewer services shall be for the benefit of the residents of the Town of Trophy Club. Use for any other purpose shall require the services to be billed at double the rate. Section 2.02. Sewer Service Rates. The following monthly rates for the collection and disposal of sewage shall be in effect for each Separate Connection within the District from the effective date hereof until such time as the Board of Directors amends said rates: A. Single-Family Homes and Cottages. Each single-family home and cottage shall be billed based upon the treated water used by such unit that month, as follows: Basic Charge Fee: (Does not include sewer usage) $12.71 0-6,000 gallons per month $2.48/1,000 gallons 7,000-12,000 gallons per month $3.00/1,000 gallons 12,000 gallons maximum per month for residential B. Commercial Buildings (including Clubs). Each commercial building shall be billed for sewer service at the same rate as single-family homes, based on the treated water used by such unit that month as follows: Basic Charge Fee: (Does not include sewer usage) $12.71 0-6,000 gallons per month $2.48/1,000 gallons 7,000-12,000 gallons per month $3.00/1,000 gallons 13,000-25,000 gallons per month $3.23/1,000 gallons 26,000 to 50,000 gallons per month $3.34/1,000 gallons 51,000 plus gallons per month $3.44/1,000 gallons C. Multi-Family Buildings. Each unit in a multi-family building or complex of buildings shall be billed at the same rate as a single-family home, with a Basic Charge Fee of $12.71 times the number of units in the building or complex. TCMUD No. 1 36 of 93 14 Sept 2010 Section 2.03. Golf Course Irrigation Water to the Lakes / Effluent Charge. The effluent from the District’s wastewater treatment plant will be sold pursuant to separate contracts entered into with the District and approved by its Board of Directors. The District has contracted to sell effluent to the Trophy Club Country Club and discharge said effluent into golf course lakes at a charge of sixty cents ($0.60) per thousand gallons for the years 2009-2011. Effective May 1, 2011 and continuing through April 30, 2013, the charge shall be sixty-five cents ($0.65) per thousand gallons. Effective May 1, 2013 and continuing through April 30, 2015, the charge shall be seventy cents ($0.70) per thousand gallons. In addition to water usage charges, when the customer requests fresh water on the day that established the District’s peak draw from the City of Fort Worth, the customer shall be required to pay its respective portion of any demand rate and/or minimal payment rate as specified in the District’s wholesale water supply contract with the City of Fort Worth. However, if the customer’s demand is absorbed by the District with no additional charges from Fort Worth, the District may in its discretion waive the demand and/or minimal payment charges to the customer. Section 2.04. Stand-by Charge. For those lots subject to recorded restrictive covenants that require or authorize the District to charge a stand-by fee for water and sewer service where the lot has water and sewer service available but the lot is not yet connected to the District’s system, the stand-by fee shall be six dollars ($6.00) per month. Unless otherwise provided by the terms of the recorded restrictive covenant applicable to a particular lot, the stand-by charge shall commence on the first day of the month following the date upon which water and sewer service is available at the property line of the lot and the charge shall cease on the first day of the month preceding the date upon which water and sewer use charges become due and payable to the District for water and sewer service supplied to the lot. Section 2.05. Master Meter (Cooling Tower Calculation). The water usage from the master meter reading less the reading from the “Blow Down” meter equals the “evaporation.” Water usage less “evaporation” equals sewer usage for billing purposes. Section 2.06. Regulatory Assessment. Pursuant to Section 5.235, Texas Water Code, and 30 TAC291.76, the District shall pay a regulatory assessment to the Texas Commission on Environmental Quality (“TCEQ”) annually in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. TCMUD No. 1 37 of 93 14 Sept 2010 At the end of each year, the District shall prepare a written statement indicating (i) the total charges for retail water and sewer service for the year and (ii) the regulatory assessment due and payable to the TCEQ. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order, and no reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers for which rates differing from the rates stated herein may be adopted. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: A. Builder’s Deposit A seventy-five dollar ($75.00) security deposit shall be required of builders for each tap made by the District for such service connection, payable at or prior to the time that such tap is made, and the security deposit is refundable to the builder when the account is later transferred to an owner if that account and all other accounts of the builder are current at the time of the transfer; but, if that account or any other account of the same builder is not current at the time of such transfer to an owner, then the security deposit shall be applied against the outstanding balance of the builder’s account(s) at the time of such transfer. The District shall deduct from the deposit the cost to repair any damage caused to the District’s property by the builder or the builder’s employees, contractors, subcontractors or agents and shall deduct any delinquent water and sewer service bills of the builder. In the event any amounts are so deducted from the builder’s deposit, it will be incumbent on the builder to reinstate the original amount of the deposit, and failure to do so will result in the suspension of any additional water taps for the builder. B. Residential Owners. A security deposit of fifty dollars ($50.00) shall be required from each residential owner customer for a single-family home connected to the District’s system. The security deposit is refundable to the customer when the account is later closed if that account is current at the time it is closed. However, if the account is not current at the time it is closed, then the security deposit shall be applied against the outstanding balance of the customer’s account at that time. TCMUD No. 1 38 of 93 14 Sept 2010 C. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. D. Construction Meters. See Paragraph 1.05 above. E. Other customers. A security deposit equal to two (2) months’ estimated average monthly water and sewer bill shall be required of all other customers. Currently, the MUD/District does not pay interest on deposits. The interest drawn by the MUD/District on customer deposits is returned into the operating budget of the water/sewer fund to help in providing the lowest possible water and sewer rates for our customers. Section 3.02. Billing Procedures. All accounts shall be billed in accordance with the following: A. Due Date and Delinquency. Charges for water service, sewer service, and standby fees shall be billed monthly. Payment shall be due on or before the twentieth (20th) day of the month in the month in which the bill was received. Unless payment is received on or before the twentieth (20th) day of the month, such account shall be considered delinquent. If the due date falls on a holiday or weekend, the due date for payment purposes shall be the next working day after the due date. The District shall charge a penalty on past due accounts calculated at the rate of ten percent (10%) per month on water, sewer and standby charges. The rates for water and sewer service shall depend upon the type of user and upon whether the water used has been chemically treated, as provided in this Rate Order. All accounts not paid by the due date shall be deemed delinquent and failure to make payment thereafter may result in the termination of water and sewer service. B. Notice and Appeal. Prior to termination of service, a customer who is delinquent in payment shall be sent a notice that service will be discontinued on or after the fifteenth (15th) day after the date of such notice unless payment in full is received before by such day disconnection is scheduled. Notice shall be sent by first class United States mail and shall inform the customer of the amount of the delinquent bill, the date service will be disconnected if payment is not made, and of the customer’s right to contest, explain, or correct the charges, services, or disconnection. Service shall not be disconnected where a customer has informed the District of his or her desire to contest or explain his bill. If the customer appears before the Board, in person or by written correspondence, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the TCMUD No. 1 39 of 93 14 Sept 2010 customer by first class United States mail stating whether or not service will be disconnected. If service is disconnected, it shall be reconnected only upon payment in full of all amounts due, including any late charges, penalties, and the security deposit set out in Section 3.01. If payment is not received prior to the date that disconnection has been scheduled, a service charge of twenty-five dollars ($25.00) will be added to the account. Reconnections made outside of the District’s normal business hours at the customer’s request will be charged at an additional after hour’s fee of one- hundred dollars ($100.00). C. Business Hours. For purposes of assessing the foregoing charges, “normal” or ”regular” business hours shall mean only the hours between 8 a.m. and 5 p.m., Monday through Friday, and between 7 a.m. and 9 a.m. Saturdays, Sundays, and Holidays. All other times are outside of the District’s normal business hours and will result in the higher charge. D. Returned Checks. A twenty-five dollar ($25.00) charge will be charged to the customer’s account for any check returned by the bank. Any amounts due on an account which have been paid with a check that has been returned by the bank must be paid in full by cash, cashier’s check or money order, including all late charges and returned check charges, within five (5) days from the day the District hangs a notice on the customer’s door or otherwise notified the customer that the check has been returned by the bank. E. Confidentiality Request. A one-time charge of five dollars ($5.00) shall be made on each confidentiality request as set forth in H.B. 859. F. Same-Day Service. An additional charge of twenty-five dollars ($25.00) shall be made on customer requested same-day service. As an example, this charge will be implemented upon request by a customer for same-day service to start or terminate water and sewer service or to perform re-reads the same day as requested. G. Accuracy Reading Fee. A meter accuracy reading fee in the amount of ten dollars ($10.00) shall be charged to a customer by the District for each meter accuracy reading made by the District for such customer when the original reading appears to be accurate. If the original meter reading appears to be in error, no fee will be charged. Each customer will be allowed one accuracy meter reading per calendar year at no charge. Should a customer request that the meter accuracy reading be made by an outside source, then a fee of eighty dollars ($80.00) will be charged to the customer. If the original meter reading is found to be in error, then the customer will be given a credit offsetting the amount of the charge. TCMUD No. 1 40 of 93 14 Sept 2010 Section 3.03. Entitlement. Customers are not guaranteed a specific quantity or pressure of water or specific capacity in sewer facilities for any purpose whatsoever; furthermore, in no instance shall the District be liable for failure or refusal to furnish water or any particular amount or pressure of water or to provide capacity in sewer facilities. Section 3.04. Unauthorized and Extraordinary Waste. The rates established herein are applicable for Domestic Waste as defined herein. Customers proposing to generate other types of waste will be assessed additional charges as established by the District. Section 3.05. Damage to District Facilities. A. Damage to Meter and Appurtenances. No person other than a duly authorized agent of the District shall open a meter box, tamper with or in any way interfere with a meter, meter box, service line or other water and/or sewer system appurtenance. The District reserves the right, immediately and without notice, to remove the meter or disconnect water service to any customer whose meter has been tampered with and to assess repair charges to the customer, plus a damage fee not to exceed five-thousand dollars ($5,000.00), plus any applicable charge for same day service. B. Repair. It shall be the responsibility of each customer to maintain the water and sewer lines from the point of connection to the District’s water and sewer system to the building served. The District reserves the right to repair any damage to the District’s System and appurtenances without prior notice and to assess against any customer such penalties as are provided by law and such penalties provided for in this Rate Order in addition to those charges necessary to repair the portion of the System so damaged. C. Video. If at any time a resident/customer wishes to have the District video their sewer line to help the resident determine the condition of their sewer line, the fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Requested Temporary Disconnection. If service is temporarily disconnected at the customer’s request, the charge for such voluntary disconnection shall be ten dollars ($10.00), and the charge for subsequently reconnecting the service shall also be ten dollars ($10.00). These charges apply to connects and disconnects that are completed during normal business hours. TCMUD No. 1 41 of 93 14 Sept 2010 Section 3.07. Easements. Before service is begun to any customer, or once begun before reconnection is made, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.08. Required Service. No service will be given from the District’s water and sewer system unless the customer agrees to take both water and sewer service, except that permanent irrigation only services may receive water only, and projects under construction may, if they wish, receive water service only during the period of such construction. Section 3.09. Additional Charges. In all cases where services are performed for and equipment or supplies are furnished to a party or entity not within MUD 1, the charge to said party or entity shall be the MUD’s cost of providing such services, equipment and/or supplies, plus fifteen percent (15%). This shall not apply to services; equipment and/or supplies furnished by MUD 1 under an existing Interlocal Agreement nor to the rates MUD 1 charges for out-of- district water and sewer service. ARTICLE IV INDUSTRIAL WASTE Section 4.01. Policy. The following policy regarding industrial waste shall be effective: A. Definition. “Industrial waste” shall mean the water-borne solids, liquids, and/or gaseous wastes (including Cooling Water), resulting from any industrial, manufacturing, trade, business, commercial, or food processing operation or process, or from the development of any natural resource, or any mixture of such solids, liquids, or wastes with water or domestic sewage. The Clean Water Act of 1977, as amended, and the General Pretreatment Regulations contained in 40 C.F.R. §403 contain the requirements for user’s discharge of industrial waste into wastewater facilities. B. Industrial Waste Discharge-Charges and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes TCMUD No. 1 42 of 93 14 Sept 2010 proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. C. Pretreatment. The Board of Directors of the District shall rely upon the recommendation of the District Engineer and shall require pretreatment of any industrial waste that would otherwise be detrimental to the treatment works or to its proper and efficient operation and maintenance or will otherwise prevent the entry of such industrial waste into the treatment plant. ARTICLE V ENFORCEMENT/CIVIL PENALTIES Section 5.01. Enforcement. A. Civil Penalties. The Board hereby imposes the following civil penalties for breach of any rule of the District: The violator shall pay the District twice the costs the District has sustained due to the violation up to five-thousand dollars ($5,000.00). A penalty under this Section is in addition to any other penalty provided by the laws of this State and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the District’s principal office or meeting place is located. If the District prevails in any suit to enforce its rules, it may, in the same action, recover any reasonable fees for attorneys, expert witnesses, and other costs incurred by the District before the court. The court shall fix the amount of the attorneys’ fees. B. Liability for Costs. Any person violating any of the provisions of this Order and/or the rules and regulations governing water and sanitary sewer facilities, service lines, and connections shall become liable to the District for any expense, loss or damage occasioned by the District by reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. TCMUD No. 1 43 of 93 14 Sept 2010 Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. ARTICLE VI MISCELLANEOUS Section 6.01. Amendments. The Board of the District has and specifically reserves the right to change, alter or amend any rate or provision of this Order at any time. Section 6.02. Severability. The provisions of this Order are severable, and if any provision or part of this Order or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Order and application of such provision or part of this Order shall not be affected thereby. Section 6.03. Headings. The section and paragraph headings used herein are for reference only and are not to be construed as part of the text of the section or paragraph. ARTICLE VII REPEAL OF PREVIOUS ORDERS This Rate Order shall be known as the “2010 Rate Order” (Order 2010- 0914) of the District. All previous Orders adopted by the Board of Directors pertaining to the subject matter hereof are each hereby repealed in their entirety as of the effective date hereof. ARTICLE VIII EFFECTIVE DATE This Order shall be effective October 1, 2010. TCMUD No. 1 44 of 93 14 Sept 2010 Trophy Club MUD 1 2010 Rate Order Order 2010-0914 17 ARTICLE IX PUBLIC MEETING It is hereby found that the meeting at which this Order is adopted is open to the public as required by law, and that public notice of the time, place, and subject matter of said meeting and of the proposed adoption of this Order was given as required by law. PASSED, ADOPTED, ORDERED, AND APPROVED this 14th day of September 2010. _________________________________ James C. Thomas, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 45 of 93 14 Sept 2010 TCMUD No. 1 46 of 93 14 Sept 2010 TCMUD No. 1 47 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-121-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:8/24/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discussion and possible action regarding construction, location and funding options for a new 2 million gallon ground storage tank. (Moss) Attachments: Action ByDate Action ResultVer. TCMUD No. 1 48 of 93 14 Sept 2010 File #: 2010-121-M1, Version: 1 Title Discussion and possible action regarding construction, location and funding options for a new 2 million gallon ground storage tank. (Moss) Body I believe we need to get started on a discussion and possible action on the water storage tank. Please put this on the Agenda. Thanks, Jim M. (email dated 8/23/10 at 4:29 p.m.) Update on cost and construction time for 2 million gallon ground storage tank: i. $3 million ii. 6 to 10 months TCMUD No. 1 49 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-136-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:9/10/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding rebidding for a new Trinity Well. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 50 of 93 14 Sept 2010 File #: 2010-136-M1, Version: 1 Title Discuss and take appropriate action regarding rebidding for a new Trinity Well. Body Excerpt from June 15, 2010 Meeting Minutes; Discuss and take appropriate action to award / reject bids received for Trinity Well No. 2 Project. District Manager Scott advised that the bids came in way above anticipated costs. Scott requested direction from the Board on whether or not to move forward. Scott recommends going out for re-bid and changing some of the specs from 90-day time limit to 120-day limit and reducing the amount for liquidated damages. The Board agreed to move forward. Attorney West recommended the Board take action. A motion was made by Secretary/Treasurer Carr, seconded by Director Sanders, to Reject the bids received for this project and to consider rebidding this project. The motion CARRIED unanimously. TCMUD No. 1 51 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-137-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:9/10/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Discuss and take appropriate action regarding funding options for a new Trinity Well. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 52 of 93 14 Sept 2010 File #: 2010-137-M1, Version: 1 Title Discuss and take appropriate action regarding funding options for a new Trinity Well. Body Excerpt from June 15, 2010 Meeting Minutes: Discuss and take appropriate action concerning funding options for Trinity Well No. 2 and High Speed Pump. (Scott) Staff seeks direction from the Board regarding funding options (1. Line of Credit @ 3.9% interest or 2. Use Reserves) for Trinity Well No. 2 and for the High Speed Pump. District Manager Scott advised that initially a loan was approved at 3% interest to purchase the High Speed Pump and to drill the Trinity Well. Scott seeks direction from the Board to either use financing (3% interest) or use reserves. President Thomas suggested holding off on funding options for the Trinity Well until the cost is determined. District Manager Scott advised that the cost for the High Speed Pump is approximately $240,000 total. Director Sanders is in favor of using reserved funds for the High Speed Pump for an amount not to exceed $240,000 to come from the designated fund balance in the Fire Station Construction account. Finance Director DuBose stated that we would do a Budget Amendment. Director Armstrong asked to go back to discuss Agenda No. 11 for clarification. Armstrong asked District Manager Scott if we get this thing in the hole before October we don't have to worry about paying the additional costs you are talking about. District Manager Scott verified that we may not be able to drill this well once this new policy comes into effect in Denton. It is currently in effect in Tarrant County. Scott stated he does not have a timeline as to when this may occur; however, at this time he feels it may be some time after the first of the year. TCMUD No. 1 53 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-74-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:6/2/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:8/17/2010 Title:Receive report from Legal Counsel regarding legal representation; discussion and possible action regarding same. (Armstrong) Attachments:Communication to Directors Regarding Legal Services.pdf West Letter re Legal Service Fees.pdf Liston-Ltr hourly fees 9 2 10.pdf Action ByDate Action ResultVer. TabledTrophy Club Municipal Utility District No. 1 6/15/2010 1 TCMUD No. 1 54 of 93 14 Sept 2010 File #: 2010-74-M1, Version: 1 Title Receive report from Legal Counsel regarding legal representation; discussion and possible action regarding same. (Armstrong) Body Attorney charges reported by Pam and Bob for 2010/2011 - Pam: $225 normal and $320 for litigation - Bob: $320 normal and same for litigation - Melinda: $300 normal and same for litigation - Bruce: $375 normal and same for litigation At the June 15th, 2010 meeting, the Board agreed to table this agenda item to the August meeting. At the May 18, 2010 meeting, Director Armstrong suggested Legal Representation be added for this month's meeting, and asked for the Attorney's comments regarding the pros and cons of working together for the past year. Counsel Liston verified that this would be provided at the June meeting, to which Director Armstrong agreed. TCMUD No. 1 55 of 93 14 Sept 2010 From:Pamela Liston To:Mary Moore Cc:Bob West Subject:Communication to Directors Regarding Legal Services Date:Wednesday, June 09, 2010 12:03:54 AM Mary, please forward the following to the directors and Robert. It is a joint e-mail from me and Bob West regarding legal services. Thank you very much. ATTORNEY CLIENT PRIVILEGED COMMUNICATION Dear Directors and Staff, At the May 18, 2010 MUD1 Board meeting, a question was asked by a member of the Board as to what legal functions each attorney performs for the District and how we work together to perform those functions. We have been working in coordination with each other for the past 11 years and we have worked as co-counsel for the consolidated MUD1 since the May 9, 2009 consolidation election. The working relationship between us is productive, and we believe it gives MUD1 excellent legal coverage. We each have our areas of strengths, and we complement each other well. In addition to our various areas of representation (listed as follows), we alternate meeting attendance. Pam attends odd month meetings, and Bob attends even month meetings, but we have traded out months when needed to provide proper coverage for the topics that are on the agenda or when one of us is unavailable for a particular meeting. Pam’s areas of primary responsibility are: Open Government (Public Information Act, Open Meetings Act, Agenda Item drafting, etc.); Personnel issues; Ethics Challenges, Ethics Order drafting and Rules of Procedure; Requests for Public Information; Attorney General’s office interfacing and correspondence; Constitutional issues; Elections; and Enforcement. Bob's primary areas of responsibility are: Contracts; Property-related matters (deeds, easements, leases, Amendments to District Information Form, etc.); Oil, gas, and minerals; Bidding requirements; Legislative watch; Bonding and financing (including bond counsel interfacing); Property taxes (interfacing with Perdue Brandon Fielder Collins & Mott on property tax collections); TCEQ interfacing; and Historical data. Both of us handle Litigation as needed, depending on the subject of the litigation. Both of us also have played a strong role in strategic planning for the District. Please let us know if you have any questions or desire additional information. Both of us are happy to serve as you desire. Thank you, Pam Liston Bob West The Liston Law Firm, P.C. Whitaker Chalk Swindle & Sawyer, L.L.P. TCMUD No. 1 56 of 93 14 Sept 2010 Pamela Harrell Liston The Liston Law Firm, P.C. P.O. Box 1882 Rowlett, Texas 75030 Tel: 972.475.2794 Fax: 972.463.4158 pamela.liston@listonlaw.net Confidentiality Notice: This e-mail and any attachments are intended onlyfor use by the individual or entity named herein and may contain legallyprivileged or confidential information. If you are not the intendedrecipient of this e-mail, you are hereby notified that any dissemination,distribution, or copying of this e-mail or of any attachment is strictlyprohibited. If you have received this e-mail in error, please immediatelynotify the sender at The Liston Law Firm, P.C. by telephone at (972) 475-2794 or return e-mail, do not read it, and permanently delete the original.Thank You. TCMUD No. 1 57 of 93 14 Sept 2010 TCMUD No. 1 58 of 93 14 Sept 2010 TCMUD No. 1 59 of 93 14 Sept 2010 TCMUD No. 1 60 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-135-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:9/9/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action: Title:Discuss and take appropriate action regarding appointment of a MUD representative to attend the interviews for new Town Manager. Attachments: Action ByDate Action ResultVer. TCMUD No. 1 61 of 93 14 Sept 2010 File #: 2010-135-M1, Version: 1 Title Discuss and take appropriate action regarding appointment of a MUD representative to attend the interviews for new Town Manager. Body This agenda item was requested at the Special Joint Session with the Town Council on September 1st, 2010. TCMUD No. 1 62 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-127-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Review and Approve Disbursements & Variance Report a. August 2010 Attachments:August 2010 Monthly Financial Statements.pdf Action ByDate Action ResultVer. TCMUD No. 1 63 of 93 14 Sept 2010 File #: 2010-127-M1, Version: 1 Title Review and Approve Disbursements & Variance Report a. August 2010 TCMUD No. 1 64 of 93 14 Sept 2010 TCMUD No. 1 65 of 93 14 Sept 2010 TCMUD No. 1 66 of 93 14 Sept 2010 TCMUD No. 1 67 of 93 14 Sept 2010 TCMUD No. 1 68 of 93 14 Sept 2010 TCMUD No. 1 69 of 93 14 Sept 2010 TCMUD No. 1 70 of 93 14 Sept 2010 TCMUD No. 1 71 of 93 14 Sept 2010 TCMUD No. 1 72 of 93 14 Sept 2010 TCMUD No. 1 73 of 93 14 Sept 2010 TCMUD No. 1 74 of 93 14 Sept 2010 TCMUD No. 1 75 of 93 14 Sept 2010 TCMUD No. 1 76 of 93 14 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-128-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:9/3/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:9/14/2010 Title:Review and Approve Minutes: a. August 17, 2010 - Regular Session Attachments:M1-Minutes-081710-Regular Session.pdf Action ByDate Action ResultVer. TCMUD No. 1 77 of 93 14 Sept 2010 File #: 2010-128-M1, Version: 1 Title Review and Approve Minutes: a. August 17, 2010 - Regular Session TCMUD No. 1 78 of 93 14 Sept 2010 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, August 17, 2010 REGULAR SESSION The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on AUGUST 17, 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 Kathy DuBose, Finance Director Danny Thomas, Fire Chief Bob West, Attorney TOWN STAFF PRESENT: Council Liaison Bill Rose GUEST(S) PRESENT: Neil Twomey, 203 Oakmont Drive Dean Henry, 308 Oakmont Drive Citizen Presentation Mr. Neil Twomey, 203 Oakmont Drive, addressed the Board regarding the recent AWBD Conference, which had almost 1900 attendees plus 88 exhibitors. The next conference is set for February 5, 2011, the first Saturday in February, in Galveston. The Summer conference will be held in Fort Worth. There will be some additional classes added to Saturday, so there will be a full day of classes and teaching on Saturday. Twomey asked the Directors to provide input regarding types of trainings the Board may want to have at AWBD. TCMUD No. 1 79 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes Reports & Updates 1.Receive District Manager's Report a. Monthly Update - Water pumped vs. billed b. Monthly Update - PID Development/Homes c. Water/Wastewater Reports District Manager Scott updated the Board regarding the above items and addressed the Board's questions. Director Carr stated that after the Innoprise demonstration of their Utility Billing Software, Carr was impressed, stating it looks like a very good system and looks forward to implementing Innoprise. Director Sanders agreed, and recommended going with Innoprise's Utility Billing Software. Finance Director DuBose advised that there were 14 PID connections for the month of July; giving us a total of 147. As of today, we have reached 150 total permits in August. The total since inception is 407. Finance has conservatively estimated 200 permits for this year, and 180 estimated permits for next fiscal year. Scott advised that the interest on the loan for the GapVax truck was lowered to 3.9% for five years by going with First Financial Bank. Scott advised that we had a peaking day charge and peaking hour last week, as a result, our water will cost more next year. The cost for peak day is $131,337 and $34,755 for peak hour . Director Carr asked that Staff publish on the website TCEQ's report regarding their annual inspection of the water plant; and the Board agreed. 2.Receive Finance Director's Report a. To provide Board with a monthly update and address the Board's questions. Finance Director DuBose provided the following update to the Board: 1. Finance plans to move forward with implementation of Innoprise, beginning with Financial Statements, Sept. 1 and Payroll, October 1st. 2. Preparing for processing a smooth transition regarding the changes in personnel beginning October 1st, 2010. 3. Auditors will begin late September or early October to review fixed assets. Once the Auditors review and approve, the updated information will be input into the new Innoprise System. 3.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. Fire Chief Thomas provided the monthly Fire Update and monthly progress report for construction of the New Fire Station. TCMUD No. 1 80 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 4.Receive Town Council Update a. Councilmember Rose to provide the Board with an update of Council meetings, notices and relevant business. Council Liaison Rose advised the Board that there were no MUD-related items at last night's Council meeting. Action Items: 2010-78-M15.Review and Approve Disbursements & Variance Report a. July 2010 July 2010 Monthly Financial Statements.pdfAttachments: A motion was made by Secretary/Treasurer Carr, seconded by Director Sanders, to Approve the July Financials and Variance Report. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-116-M16.Present and discuss 2010 Certified Appraisal Records and Rollback Tax Rate Calculation. 2010 Denton County MUD1 Certified Values.pdf 2010 Tarrant County MUD1 Certified Values.pdf MUD 2010 Rollback Tax Rate Calculation.pdf Attachments: Finance Director DuBose stated that we are down to one tax appraisal each from Denton County and Tarrant County versus three from previous years where we had one for each entity. Discussion Only - No action taken. 2010-102-M17.Discuss and take appropriate action to announce the placement of a proposal to adopt a 2010 Tax Rate on the September 14, 2010 Trophy Club Municipal Utility District No. 1 public meeting agenda as an action item, and to announce a Public Hearing on same date regarding the adoption of the 2010 Tax Rate and adoption of the Fiscal Year 2010-2011 MUD 1 Budget. Notice of Public Hearing on Tax Rate August 2010.pdfAttachments: Director Carr advised that we have had Budget meetings with Resident Jim Hase, Finance Director DuBose, District Manager Scott and Director Carr. Finance Director DuBose presented a proposed tax for fiscal year 2010-2011 of $0.20172. A motion was made by Secretary/Treasurer Carr, seconded by Vice President Moss, to announce a Public Hearing on September 14, 2010 to adopt the 2010 proposed tax rate of $0.20172 and to adopt the FY 2010/2011 budget. The motion CARRIED unanimously. (ROLL CALL VOTE) Motion passed 5:0 with President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong and Director Sanders voting "for". Aye:President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders 5 - TCMUD No. 1 81 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 2010-101-M18.Discuss and take appropriate action regarding Resolution 2010-0901, Budget Amendment No. 2, for the purchase of a High Speed Pump for $240,000. (DuBose) M1-R-2010-0901-BudgetAmndmnt2.pdfAttachments: President Thomas advised that this item was tabled from the July meeting. Director Sanders moved to adopt this resolution. Secretary/Treasurer Carr seconded. Floor opened for discussion. Director Sanders stated that he had a question, stating it refers to Exhibit A in Section 1, and in this packet there is no Exhibit A. MUD Secretary Moore stated that it was attached in the previous month's packet. Attorney West stated his preference would be to have the Exhibit attached; therefore, he recommends bringing this item back on next month's agenda unless it was time sensitive. Board concluded that it was not time sensitive, and therefore, this agenda item was tabled to the September 1st meeting. A motion was made by Director Sanders, seconded by Secretary/Treasurer Carr, that this M1 Resolution be Tabled to the September 1st Special Session. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-119-M19.Discuss and take appropriate action regarding Clubcorp Property Tax Accounts 190162DEN, 190163DEN, 190164DEN, and 190165DEN. (Scott) Penalties and Interest-Clubcorp Property.pdf FW_ Revised Memo with a few word changes.pdf TCMUDGOLF (2).pdf Attachments: District Manager Scott advised there were four pieces of Clubcorp property, Fourth Nine on the Golf Course, that were never taxed. Denton County Tax Office was notified of this omission and subsequently submitted a bill to Clubcorp for approximately $35,000 for the taxes and interest due for past five years. Clubcorp was not billed attorney or penalty fees. Attorney West advised further that the Clubcorp property was properly annexed into MUD 2 several years ago by Trophy Club MUD 2; however, Clubcorp was never billed. Clubcorp has paid their tax bills, which went back five (5) years, and the tax bill was not protested. West feels the issue is moot since the tax bill has been paid; therefore, West advised that there is no action for the Board to take on this item. Discussion Only - No action taken. TCMUD No. 1 82 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 2010-117-M110.Discuss and take appropriate action regarding extending current electrical contract with Hudson Energy for thirty-six (36) months. (Scott) Tradition Energy.pdfAttachments: District Manager Scott advised that should the Board agree to go with this 3-year contract for $0.0638, it would save the MUDs $126,800 over the period of the loan (3 years). Staff recommends approval. A motion was made by Secretary / Treasurer Carr, seconded by Director Sanders, to approve the Contract with Hudson Energy via Tradition Enegry at a rate of $0.0638. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-37-M111.Receive report from Staff and/or Attorney(s) regarding update of MUD 1 Fire Protection Plan; take appropriate action regarding Resolution 2010-0817-A, approving the Updated Fire Protection Plan. Fire_Protection_Plan.pdf M1-R-2010-0817-A-AprvFirePlan-TCEQ.pdf Attachments: Attorney West advised that his law firm worked on this Updated Fire Plan. West advised that he believes that TCEQ will not review this as a "new" fire plan. A motion was made by Director Sanders, seconded by Secretary/Treasurer Carr, to approve the Updated Fire Plan and to approve Resolution 2010-0817-A, as amended (last sentence of Section 1.01 amended by removing "Prior" MUD 2 was confirmed and replace with "Denton County" MUD 2 was confirmed). The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-120-M112.Discuss and take appropriate action to approve Order 2010-0817, authorizing submission of Fire Protection Plan to Texas Commission on Environmental Quality (TCEQ). M1-O-2010-0817-Submit Fire Plan TCEQ.pdfAttachments: A motion was made by Director Sanders, seconded by Secretary/Treasurer Carr, that this M1 Order, 2010-0817, be Approved. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2010-34-M113.Discuss and take appropriate action regarding the Intergovernmental Contract for Employee and Contractual Services. Combined Employee Services -6th Draft.pdf Towns Bid to SEMO-March2010.pdf SEMO Chart No 1-050810.pdf Attachments: No discussion held. Agenda item tabled to September meeting. TCMUD No. 1 83 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 2010-80-M114.Review and Approve Minutes: a. July 20, 2010 M1-Minutes-072010.pdfAttachments: A motion was made by Secretary/Treasurer Carr, seconded by Director Armstrong, to approve the July 20, 2010 Regular Session Minutes. The motion CARRIED unanimously. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - Review & Discuss TCMUD No. 1 84 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 2010-103-M115.Review and discuss TCMUD No. 1's preliminary draft budget for FY 2010-2011. Preliminary Draft Budget FY10-11-M1.pdfAttachments: District Manager Scott and Finance Director DuBose addressed Director Sanders budget questions. Scott advised that City of Fort Worth would be going up approximately 10% on water costs in January of 2011. Director Carr stated that in last year's budget, District Manager Scott cut back on installation of new electronic water meters. Carr would like to see all the communities have electronic water meters. Director Sanders distributed a sheet entitled, Budget Discussion Items and the Board discussed same. Director Sanders stated his objective is to try to lower our tax rate by two (2) cents; however, he is not sure if it is possible. Sanders has perused the budget and current financial statements and had the following observations he wished to bring up for consideration. Item No. 1 - Page 29 of Packet - Fund Balance for O&M is $2.9 million with a little over 2 million is unrestricted, and Sanders thought that the directors of the previous boards established a fund policy balance. Sanders knows the Town did, and asked if the Board had such a policy. Director Carr stated there was no written policy. Item No. 2a refers to Page 30 of the Packet - O&M Expense Statement. The Board of Directors expense is only 51% spent of the budget and it should come in, according to Sanders' calculations, with $16,000 left in the line item. Sanders is just making Board aware where there is some money available. Item No. B - refer to Page 30 of the Packet - Information Services - Line Item that is 62.1% of the budget, it would be left with almost $86,000 in the budget. Finance Director DuBose stated that in the notes that there are annual transfers to reserves for future replacement that is not reflected until the month of September, so that is part of the reason that is under budget for the fiscal year to date. Director Sanders stated that it would be nice to know what are those transfers going to be and where do we think we would end up? Director Carr stated we have a Scada System, which monitors the water system, the Scada System is getting old, and that line item may change if that items needs to be replaced. Director Sanders stated that he hopes to end the year with a couple hundred thousand worth revenue over expenses that would increase our fund balance. If we can come up with $200,000 worth of money not spent in the current year budget, if we're satisfied with our operating fund balance, then that becomes available to us to buy down the rate. Director Sanders referred to Item 3 - Page 32 of the Packet - Interest and Sinking Balance Sheet - we have almost $1.5 in the current fund. Item B - Page 33 of the Packet - we have the two payments Finance Director DuBose mentioned that she is going to do those wires shortly; one of interest and one for the final Bond payment, so we should end the year at roughly $286,000 in our I and S Fund. TCMUD No. 1 85 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes Finance Director DuBose stated that it is about $239,000. The large payment we are anticipating coming in the month of August that we talked about earlier associated with the Clubcorp. DuBose added that one of the reasons that Fund Balance was at $230,000 was because of the TCEQ requirement for the money set aside for the year that we issued Bonds. One of the things we will look at is if that requirement will be going down, so there may be some flexibility there. Director Sanders referred to Page 35 of the Packet, the Fire O & M Balance Sheet has an undesignated fund balance of $400,000. Sanders wasn't sure why we maintain that fund balance. Finance Director DuBose stated the Fire Department is solely funded by your taxes, and because the taxes don't usually come in until December/January time frame, what we try to do is during the year is accumulate enough to cover until the taxes come, so we need at least three months' worth of revenue/operation. Director Sanders asked what three months of revenue would be? Finance Director DuBose stated that the unexpended balance for the MUD Fire Department for the rest of the fiscal year is about $250,000. Last month was a slow month, but it was about $60,000/month for expenditures. Director Sanders then referred to Item B - the Fire O&M Revenue and Expense Statement shows that there is a balance of the budget of $68,000 for capital expenses, will we spend this in the next two months? Finance Director DuBose stated that a lot of that is to transfer to your debt service to pay some of the debt associated with borrowing for the Fire Truck, which comes due in September. Director Sanders stated that if we were to go back to the massive spreadsheet that Mr. Twomey, back during Consolidation days, it was forecasted in the 2010-2011 that Legal would be $5,000, and that's not what we're budgeting at this point. Also in those sheets, it was forecasted in the 2010-2011 budget that the tax rate could be $0.193347, which is not far from the original figure that we were talking about today, of the $0.20, that's very close to the forecast, and the 2011-2012 forecast is at $0.12; and that's because there is less debt payment at that point. It's nice to see that it's close to see what's happening. What is interesting is that there is $39.1 million dollars worth of less forecasted property value. So if you took that spreadsheet and look at the forecasted property value for 2010-2011, we came in $39 million less than what was forecasted, but we're not able to get the rate below the $0.19. Sanders would really like to see where we can accomplish this task, recognizing that the Town is faced with a couple of things. They have increased debt payment coming online, because of the $5 million Park Bond. We're growing, and there's more expense to handle that growth; the Parks Department especially. The MUDs won't be able to help that budget too much until the next year, if the fire plan is approved when we can roll EMS out of the Town budget, move it to the MUD budget. What we're looking for, the combined two tax rates is what people look at when they move here, if we can accomplish helping the Town deal with their growth, which until more houses come online, there's going to be plateau. If we can help by lowering this year, it would be great, given the fact that we know the following year, we know we can help. Director Carr stated he understands what Director Sanders is saying; however, we are two separate entities. The MUD has no control over the Town. The Town needs to take care of their business and the MUDs need to take care of our business. Carr believes that if there are common items, we should be able to share for the common good. The MUDs are not here with a blank check. We understand that the Town TCMUD No. 1 86 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes can't afford to do this, they have expansion. There is a possibility of new police station, with a $7 million projected cost. MUDs are building a Fire Station for $2.5, we didn't increase the taxes. We cut where we needed to; we managed our funds; and we were able to do that. Carr believes the Town needs to be a little more aggressive on their budgeting. President Thomas stated that every year the MUDs have always taken the approach of how much can we reduce the tax debt to our residents and still keep our quality of service as high as we can keep it. Thomas had the reputation for years on MUD2 of being called the "nickel man". The MUDs will always try to do that. Thomas believes in looking at this from a business perspective, and that business perspective will drive what we do. Director Carr makes a good point in that we will do everything we can to assist the Town, our business perspective has got to be our driving factor, not the Town's business perspective. Each entity has made the commitment to run their own show. Thomas stated that the overall view of trying to help the citizens, we should always be mindful of that. Director Sanders stated he took issue with President Thomas' statement regarding the last election effecting that. Sanders stated that he didn't think the Council ever tried to tell the MUDs what to do. Director Moss stated that he received a handout from resident Neil Twomey, which mentions a number of $0.1875 as a possible tax rate for next year, which is in line with Director Sanders' comments. District Manager Scott stated that per TCEQ Rules and Regulations, if we keep growing like we are in the PID, we will need to move forward on the Ground Storage Tank. Scott stated that due to the recent hot spell we have turned the current two ground storage tanks over every day, some times more than that, so we're getting low on ground storage. TCEQ sets the standards, and they look at how many gallons we sell, how many times we turn our elevated and ground storage tanks over. Scott believes we have authorized, unissued bonds to cover the expense of a Ground Storage Tank. Finance Director DuBose stated we did. The Ground Storage Tank is a TCEQ requirement, as a result of all the development in the PID We should know more in March of 2011. Director Armstrong asked where exactly would this ground storage tank be located? Is it going on where the Police Station is currently? District Manager Scott stated that the property that the current police station is on is the property that was originally appropriated for when the MUD bought this property. Director Armstrong asked Council Liaison Bill Rose if he heard what was said. Council Liaison Rose replied, so noted. District Manager Scott stated that the ground has been compacted for the ground storage tank, and that is only place that the MUD has to put a ground storage tank in relation to our pump station. Vice President Moss stated that we have known this for several years. It's just that the new members on the Council that maybe were not aware. District Manager Scott agreed with Moss' statement. Discussion held with no action taken. TCMUD No. 1 87 of 93 14 Sept 2010 August 17, 2010Trophy Club Municipal Utility District No. 1 Meeting Minutes 2010-36-M116.Set Next Meeting Date: a. Tuesday, September 14, 2010 at 7:00 p.m. - Regular Session b. Budget Meeting i. Wednesday, September 1, 2010 at 5:00 p.m. c. Joint Quarterly Meetings: i. Thursday, September 9th, 2010 at 7 pm ii. Thursday, November 11 at 7 pm iii. Wednesday, February 9, 2011 at 7 pm Sept Calendar.pdfAttachments: The Board agreed to meet on the following dates: a. September 1, 2010 at 5:00 p.m. - Budget Workshop. b. September 9, 2010 at 7:00 p.m. - Joint Meeting - Town Council c. September 14, 2010 at 7:00 p.m. - Regular Session meeting 09-115-M117.Review Monthly Tax Collection Report a. July 2010 July 2010 Tax Collection Reports.pdfAttachments: The Board reviewed the monthly tax collection report with no action necessary. Finance Director DuBose advised that MUD 1 has collected 99.25% of the annual tax collections, with two months to go. 2010-79-M118.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) Board had no changes to Items for Future Agendas. Adjourn Meeting adjourned at 9:35 p.m. ___________________________ James C. Thomas, President (Seal) ____________________________ Kevin R. Carr, Secretary ____________________________ Mary Moore, MUD Secretary TCMUD No. 1 88 of 93 14 Sept 2010 October November December January February March April May June July August Septembe 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 Totals 314,972 235,558 175,310 189,124 152,337 169,606 226,660 231,654 368,472 464,134 530,735 312,575 3,371,137 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 Totals 317,328 244,914 181,486 184,954 165,899 189,260 241,406 274,400 392,300 487,518 527,775 302,439 3,509,679 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 Water Pumped 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 123456789101112 MonthsGallons 2006 2007 2008 2009 2010 TCMUD No. 1 89 of 93 14 Sept 2010 PID CONNECTION FEE SUMMARY(Aug 10)DEPOSIT DATE QTY (5/8") $ 2,300 QTY (1") $ 2,300 QTY (1.5") $ 7,590 QTY (2") $ 15,410 TOTAL QTY TOTAL AMOUNT TEXPOOL TRANSFERQTYCUMRUNNING BALANCE($3.26M)1- -$ - -$ - -$ - -$ - - 408 2,659,700 2- -$ 2 4,600$ - -$ - -$ 2 4,600 410 2,655,100 3- -$ - -$ - -$ - -$ - - 410 2,655,100 4- -$ - -$ - -$ - -$ - - 410 2,655,100 5- -$ - -$ - -$ - -$ - - 410 2,655,100 6- -$ 3 6,900$ - -$ - -$ 3 6,900 413 2,648,200 7- -$ - -$ - -$ - -$ - - 413 2,648,200 8- -$ - -$ - -$ - -$ - - 413 2,648,200 9- -$ - -$ - -$ - -$ - - 413 2,648,200 10 - -$ 1 2,300$ - -$ - -$ 1 2,300 414 2,645,900 11 - -$ - -$ - -$ - -$ - - 414 2,645,900 12 - -$ - -$ - -$ - -$ - - 414 2,645,900 13 - -$ - -$ - -$ - -$ - - 414 2,645,900 14 - -$ - -$ - -$ - -$ - - 414 2,645,900 15 - -$ - -$ - -$ - -$ - - 414 2,645,900 16 - -$ - -$ - -$ - -$ - - 414 2,645,900 17 - -$ 1 2,300$ - -$ - -$ 1 2,300 415 2,643,600 18 - -$ - -$ - -$ - -$ - - 415 2,643,600 19 - -$ 1 2,300$ - -$ - -$ 1 2,300 416 2,641,300 20 - -$ - -$ - -$ - -$ - - 416 2,641,300 21 - -$ - -$ - -$ - -$ - - 416 2,641,300 22 - -$ - -$ - -$ - -$ - - 416 2,641,300 23 - -$ - -$ - -$ - -$ - - 416 2,641,300 24 - -$ - -$ - -$ - -$ - - 416 2,641,300 25 - -$ 3 6,900$ - -$ - -$ 3 6,900 419 2,634,400 26 - -$ 2 4,600$ - -$ - -$ 2 4,600 421 2,629,800 27 - -$ 1 2,300$ - -$ - -$ 1 2,300 422 2,627,500 28 - -$ - -$ - -$ - -$ - - 422 2,627,500 29 - -$ - -$ - -$ - -$ - - 422 2,627,500 30- -$ 1 2,300$ - -$ - -$ 1 2,300 423 2,625,200 31 - -$ - -$ - -$ - -$ - - 423 2,625,200 TOTAL - -$ 15 34,500$ - -$ - -$ 15 34,500 - Upon collection of one or more Utility Fees by Town, such Utility Fees shall, within ten (10) working days, be deposited by Town into an account designated byMUDs (hereinafter "MUDs Account"). Town shall continue to collect and to deposit such Utility Fees into MUDs Account in accordance with the existingagreement between the MUDs until such time as the total amount paid into that account equals $3,260,000. Town shall collect and deposit a minimum of onehundred fifty (150) Utility Fees each year, for a total of five (5) successive years commencing on May 7, 2008 (hereinafter "Collection Period"). In the event thatmore than 150 Utility Fees are collected by Town in anyone or more years of the Collection Period, such Utility Fees in excess of the 150 Utility Fees requiredunder this Section shall be carried over to the following year or years and shall be a credit toward the total Utility Fees due for such subsequent year or years. In the event that fewer than 150 Utility Fees are collected by Town during anyone or more year(s) of the Collection Period, including those Utility Fees carriedover from any given year in which more than 150 Utility Fees were collected by Town, Town shall within ten (10) working days of collection of such Utility Feesfrom Developer, pay into MUDs Account the difference between the amount that would have been paid had 150 Access Fees been paid at $2,300 each andthe amount of Utility Fees actually collected by Town. On or about May 7, 2013, Town shall calculate the total amount of Utility Fees paid to MUDs. Town shallprovide MUDs written notice of any amount paid less than $3,260,000 (the "Utility Fee Remainder").TCMUD No. 190 of 9314 Sept 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-69-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:5/13/2010 Trophy Club Municipal Utility District No. 1 On agenda:Final action:6/15/2010 Title:Set Next Meeting Date: a. Regular Session - Tuesday, October 19, 2010, 7:00 p.m. b. Joint Quarterly Meetings: i. Wednesday, November 10, 2010, 7:00 pm ii. Thursday, February 10, 2011, 7:00 pm Attachments:October Calendar.pdf Action ByDate Action ResultVer. TCMUD No. 1 91 of 93 14 Sept 2010 File #: 2010-69-M1, Version: 1 Title Set Next Meeting Date: a. Regular Session - Tuesday, October 19, 2010, 7:00 p.m. b. Joint Quarterly Meetings: i. Wednesday, November 10, 2010, 7:00 pm ii. Thursday, February 10, 2011, 7:00 pm TCMUD No. 1 92 of 93 14 Sept 2010 19/2/2010 1:40 PMMary MooreSMTWT F S12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031October 2010SMTWT F S1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30November 2010October 2010MondayTuesdayWednesdayThursdayFridaySat/SunOctober 12347:00pmCouncil (MUD Bd Rm)5National Night Out9:00amStaff Meetings (SvoreMunicipal Building Board Room)4:00pmPolice Chaplain Meeting (internal) 7:00pmParks & Recreation Board (Svore Muni610:00amEAC (PS Conference Room)77:00pmP&Z Commission (Council Chambers)898:00amTCWC Garage Sale10116:30pmEDC B (Svore Municipal Building Boardroom)121314151617187:00pmCouncil (MUD Bd Rm)199:00amStaff Meetings (PS Conference Room)7:00pmTCMUD No.1 Meeting(Svore Municipal Buildling Board Room7:00pmTrophy Club Park SubCommittee (PS Conference Room)2010:00amEAC (PS Conference Room)12:00pmCOURT (Svore Municipal Building Boardroom)217:00pmP&Z Commission (Council Chambers)22232425Denton County Early Vote (Nov. 2 - General Election) (Council Chambers)264:00pmTBD - ZBA (Svore Municipal Buildling Board Room)7:00pmCitizens Police Academy Alumni (Internal) (Police Dept. Training Room)27286:00pm Public Safety Advisory Committee (Internal) (Police Dept. Training Room)7:00pmTCWC (PS Conference Room)293031TCMUD No. 193 of 9314 Sept 2010