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HomeMy WebLinkAboutJuly 20, 2011 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 PMWednesday, July 20, 2011 Call to order and announce a quorum. Citizen Presentation Citizens are allowed three (3) minutes to address the Board regarding an item over which the Board has policy or oversight authority as provided by Texas law, the ethics order, or other policy order. REGULAR SESSION Reports & Updates 1.2011-70-M1 Receive Presentation regarding Employee of the Quarter 2.Receive District Manager's Report a. Water pumped vs. billed b. Monthly WWTP Report c. New Fire Station Construction Costs to date d. Update - Water Plant e. Update - Wastewater Plant f. New American Citizen Water Pumped Water Billed.pdf May WWTP 2011.pdf Fire Station Construction Rev Exp summary June.pdf Attachments: 3.Receive Finance Update a. Senior Accountant Gonzales to provide the Board with a monthly update and address the Board's questions. 4.Receive Fire Update a. Fire Chief Thomas to provide Board with a monthly update and address the Board's questions. June 2011 Fire Report.pdf Fire District map-30x42 (2).pdf Attachments: 5.Receive Town Council Update a. Councilmember Rose to provide Board with an update of Council meetings, notices and relevant business. TCMUD 1 Page 1 of 83 20 July 2011 July 20, 2011Trophy Club Municipal Utility District No. 1 Meeting Agenda 6.Receive Directors' Update a. Update regarding past month's activities Action Items 7.2011-66-M1 Review and Approve Monthly Financial Report(s) a. June 2011 MUD Variance Report June 2011.pdfAttachments: 8.2011-61-M1 Discuss and take appropriate action to award or reject proposal and execution of contract with apparent best qualified vendor for Audit Services and authorizing execution of necessary documents. (Scott/Gonzales) Bid Tab Audit RFP Results.pdfAttachments: 9.2011-79-M1 Discuss and take appropriate action regarding Governmental Accounting Standards Board (GASB) Statement 54, requiring a Fund Balance Policy be adopted by September 30, 2011. Fund Balance Policy 070111.pdfAttachments: 10.2011-80-M1 Review and discuss TCMUD No. 1's preliminary draft budget for FY 2011-2012. 11.2011-67-M1 Discuss and take appropriate action concerning Interlocal Agreement with Denton County Tax Office for Property Tax Collection. (Moore) 2011 ILA Denton County-Tax Collection.pdfAttachments: 12.2011-68-M1 Discuss and take appropriate action to appoint a committee to plan for a possible Fire Station Monument including location, cost, design, and purpose. (Moss) 13.2011-69-M1 Discuss and take appropriate action regarding Order 2011-0720, 2011-1 Rate Order. M1-O-2011-0720-Rate Order.pdf Rate Comparisons.pdf Attachments: 14.2011-81-M1 Discuss and take action to approve revised Confidentiality Request Form. New Confidentiality Request Form071011.pdfAttachments: TCMUD 1 Page 2 of 83 20 July 2011 July 20, 2011Trophy Club Municipal Utility District No. 1 Meeting Agenda 15.2011-63-M1 Review and Approve Minutes a. May 24, 2011 - Regular Session Minutes b. June 21, 2011 - Regular Session Minutes M1-Minutes-052411.pdf M1-Minutes-062111.pdf Attachments: Review & Discuss 16.Set Next Meeting Date: a. August 16, 2011 - 7:00 p.m. - Regular Scheduled Meeting b. Budget Workshop - Early August (President Moss) August Calendar.pdfAttachments: 17.Items for Future Agendas a. Funding of Future Capital Projects; i.e., Trinity Well No. 2 CONVENE INTO CLOSED SESSION *CLOSED SESSION 18.2011-53-M1 A. PURSUANT TO SECTION 551.071 (1) (A) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER OF PENDING OR CONTEMPLATED LITIGATION: Anticipated or threatened litigation against the District regarding personnel matters. 19.2011-83-M1 B. PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT’S ATTORNEY ON A MATTER OF CONTEMPLATED LITIGATION: In accordance with § 552.324 of the Texas Government Code, a potential lawsuit regarding Attorney General Order 2011-08982. RECONVENE INTO REGULAR SESSION 20.2011-64-M1 Discuss and take appropriate action regarding Executive Session item(s). a. Anticipated or threatened litigation against the District regarding personnel matters. b. Potential lawsuit regarding Attorney General Order 2011-08982. Adjourn Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. TCMUD 1 Page 3 of 83 20 July 2011 July 20, 2011Trophy Club Municipal Utility District No. 1 Meeting Agenda * 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. CERTIFICATION) THE STATE OF TEXAS) COUNTY OF DENTON) COUNTY OF TARRANT) THIS CERTIFIES THAT ON July 15th 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 WEDNESDAY, JULY 21, 2011, 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 ______________________, 2011. ________________________________, Title: ___________________________ TCMUD 1 Page 4 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-70-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/10/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Receive Presentation regarding Employee of the Quarter Attachments: Action ByDate Action ResultVer. Title Receive Presentation regarding Employee of the Quarter Body The Town and the MUD recently requested nominations from its employees for an Employee of the Quarter- 1 st Quarter 2011. This was based on PRIDE - Productivity-Respect-Integrity-Dependability-Excellence. P roductivity - Producing results, completing projects - on time, at or under budget; planning your work activities to achieve goals; meeting or exceeding job standards and expectations; looking for ways to be more productive while being cost effective R espect - Treating others in a courteous, fair and equitable manner; valuing differences: points of view, style; honoring the organization’s chain of command; acknowledging successes and the contribution of others; following up with feedback I ntegrity - Honest communication; being trustworthy; being loyal and taking ownership in the MUD/Town’s goals; following through on your commitments; taking pride in your work; acting with high professional, moral, and ethical standards; supporting MUD/Town goals, values, and decisions D ependability - Reliable; always available to provide services to our community and others; willingness to cooperate with others to get the job done; fulfilling defined roles and responsibilities E xcellence - The employee who throughout the year consistently exemplifies all of the qualities desired to show Trophy Club Employee PRIDE including teamwork, helping co-workers, residents and customers, solving problems, looking for better ways to do your job, sensitive to the needs and feelings of others, taking action. The winner of the Employee of Quarter (1st) 2011 was Adrian Womack, MUD 1 employee of 19 years. TCMUD 1 Page 5 of 83 20 July 2011 October November December January February March April May June July August September Total for year 2006 74,441 56,296 41,272 54,171 37,626 35,714 55,429 60,800 88,899 113,904 122,820 81,806 823,178 200773,757 44,297 35,905 31,695 25,671 40,516 43,121 31,20442,191 43,71772,462 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 91,72479,137 690,298 2010 39,794 39,713 29,547 30,305 25,328 23,279 41,646 53,439 102,921 89,760 128,687 82,331 686,750 2011 70,502 50,909 44,365 35,983 27,845 55,972 69,165 61,467 99,326 515,534 Totals 385,474 286,467 219,675 225,107 180,182 225,578 295,825 293,121 467,798 464,134 530,735 394,906 3,969,002 October November December January February March April May June July August 79,297 48,609 36,966 32,915 26,974 25,771 31,755 46,747 70,315 69,134 92,539 84,849 51,836 38,869 32,850 24,742 25,111 32,240 47,364 75,755 68,715 82,007 90,400 55,063 40,772 32,785 22,510 24,451 32,726 47,980 81,195 68,296 71,476 95,952 58,290 42,675 32,721 20,278 23,791 33,211 48,597 86,636 67,878 350,497 213,799 159,281 131,271 94,504 99,122 129,932 190,688 313,900 274,022 246,022 Oct.Nov.Dec.Jan Feb.March April May June July August Sept.Total for year 2006 74,585 55,405 42,852 52,100 33,247 39,250 64,455 73,048 93,187 118,353 127,450 76,301 850,233 2007 72,460 49,249 34,203 28,257 31,492 43,900 41,770 37,340 41,215 43,136 75,480 72,087 570,589 2008 64,370 50,090 35,320 36,610 34,630 34,750 42,900 63,116 78,399 114,256 98,670 72,551 725,662 2009 65,110 48,570 36,411 36,587 36,385 44,120 48,881 38,250 66,450 116,823 94,525 81,500 713,612 2010 40,803 41,600 32,700 31,400 30,145 27,240 43,400 62,646 113,049 94,950 131,650 76,159 725,742 2011 70,502 50,993 44,220 33,789 36,053 54,775 71,306 63,500 116,464 541,602 Totals 387,830 295,907 225,706 218,743 201,952 244,035 312,712 337,900 392,300 487,518 527,775 378,598 4,010,976 Water Billed 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJune July AugustSeptemberMonthsGallons 2006 2007 2008 2009 2010 2011 Water Pumped 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 123456789101112 MonthsGallons 2006 2007 2008 2009 2010 2011 C:\Users\MMOORE\Desktop\combined graphs (version 2).xls TCMUD 1 Page 6 of 83 20 July 2011 TCMUD 1Page 7 of 8320 July 2011 TCMUD 1Page 8 of 8320 July 2011 Apr-10 May-10 Jun-10 Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11Feb-11Mar-11Apr-11May-11Jun-11TotalProject BudgetRemaining Budget RevenueBond Proceeds2,000,000 - - - - - - - - - 2,000,000 2,000,000 - Interest Income138 306 315 337 326 284 266 211 171 136 104 94 55 12 5 2,754 3,000 246 Total Revenues2,000,138 306 315 337 326 284 266 211 171 136 104 94 55 12 5 2,002,754 2,003,000 246 ExpensesConstruction- - 72,921 63,997 80,754 99,412 221,160 202,700 7,898 244,687 138,642 - 562,146 5,806 164,843 1,700,124 1,722,736 22,612 Engineering- 33,509 11,204 - 4,999 11,042 5,682 7,065 4,444 5,302 10,644 - 6,473 - 100,364 101,754 1,390 Legal1,158 1,706 - - - - - - - - - - - - 2,864 2,864 - Temporary Housing26,689 2,968 49,445 1,750 2,252 1,134 1,134 1,133 1,134 1,134 935 1,210 1,134 492 1,136 92,542 94,737 2,195 Bond Issuance Cost79,876 - - 1,033 - - - - - - - - - - - 80,909 80,909 - Total Expenses107,722 38,183 133,569 66,780 88,005 111,588 227,977 210,898 13,476 251,123 150,221 1,210 569,753 6,298 165,979 1,976,803 2,003,000 26,197 Trophy Club MUD No. 12M Bond Fire Station June 30, 2011TCMUD 1Page 9 of 8320 July 2011 TCMUD 1 Page 10 of 83 20 July 2011 TCMUD 1 Page 11 of 83 20 July 2011 TCMUD 1 Page 12 of 83 20 July 2011 TCMUD 1 Page 13 of 83 20 July 2011 TCMUD 1 Page 14 of 83 20 July 2011 TCMUD 1 Page 15 of 83 20 July 2011 TCMUD 1 Page 16 of 83 20 July 2011 TCMUD 1 Page 17 of 83 20 July 2011 TCMUD 1Page 18 of 8320 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-66-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/10/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Review and Approve Monthly Financial Report(s) a. June 2011 Attachments:MUD Variance Report June 2011.pdf Action ByDate Action ResultVer. Title Review and Approve Monthly Financial Report(s) a. June 2011 TCMUD 1 Page 19 of 83 20 July 2011 BUDGET VARIANCE REPORT FUND:180 - MUD 1 O&M FINANCIALS MONTH: June-2011 REVENUE VARIANCE: 67% EXPENSE VARIANCE: 83% NOTE: ACCOUNT DESCRIPTION TOTAL BUDGET CURRENT MONTH YTD TOTAL YTD % VARIANCE EXPLANATION REVENUE 180-000-000-36100 Gas Well Revenue 2,000$ -$ 679$ 34% Revenue less than anticipated. 180-000-000-38100 Water-Residential 1,709,811$ 229,814$ 1,171,885$ 69% Dependent upon usage, higher usage in summer months. 180-000-000-38120 Water-Commercial 777,075$ 79,262$ 492,238$ 63% Dependent upon usage, higher usage in summer months. 180-000-000-38140 Portable Meters-Out of District 16,000$ 1,259$ 27,423$ 171% Dependent upon usage. 180-000-000-38220 Sewer-Commercial 300,403$ 34,571$ 200,592$ 67% Dependent upon usage, higher usage in summer months. 180-000-000-38250 TCCC Effluent Charges 47,500$ 4,800$ 28,958$ 61% Dependent upon usage, higher usage in summer months. 180-000-000-38500 PID Utility Fees 167,900$ 11,500$ 11,500$ 7% First 107 connections go to I&S. I&S has received the 107 for this year 180-000-000-38540 Sewer/Septic Dump Fees 48,000$ -$ -$ 0% Stopped for Screen Rake installation 180-000-000-38560 Fire Line Fees 5,000$ -$ 525$ 11% Revenue less than anticipated. 180-000-000-39290 GASB Reserves 54,314$ -$ -$ 0% Used to offset expenses. Will be transferred at a later date. WATER 180-010-000-40130 Salaries-Overtime 8,814$ 1,367$ 10,320$ 117% Based on number of after hours main breaks & reconnects 180-010-000-40140 Salaries-Longevity 2,150$ -$ 2,150$ 100% Paid annually in November. 180-010-000-40160 Salaries-Certification 1,500$ 150$ 1,280$ 85% Dependent on completed certifications and added during the year. 180-010-000-73200 Communications 1,599$ 330$ 1,350$ 84% Cell phones 180-010-000-75200 Annual Permit Fee 6,600$ -$ 6,134$ 93% Annual payment. 180-010-000-78100 Meter Expense 85,000$ (850)$ 83,182$ 98% Purchase in bulk, upfront. Sold 2" irrigation meter for Fire station 180-010-000-79150 Equipment Rental/Lease 500$ 770$ 770$ 154% Crane rental for generator 180-010-000-93700 Capital Expense 130,932$ (38,100)$ 215,853$ 165% Meters and Badger Orion Upgrade.Generator miscoded. Moved to Capital projects fund. 180-010-000-97100 Capital Repairs-Ground Storage 124,771$ -$ 97,742$ 78% Maintenance agreement for ground storage tanks WASTEWATER 180-020-000-40130 Salaries-Overtime 10,166$ 1,490$ 10,046$ 99% Based on number of after hours main breaks & reconnects 180-020-000-40140 Salaries-Longevity 3,483$ -$ 3,483$ 100% Paid annually in November. 180-020-000-73200 Communications 3,000$ 480$ 2,606$ 87% Cell phones 180-020-000-74200 Travel and Per Diem 1,750$ 197$ 1,702$ 97% Based on number of training classes 180-020-000-75200 Annual Permit Fee 7,500$ 1,257$ 10,704$ 143% Annual Permit, and application fee for 4 year permit 180-020-000-78300 Safety Equipment 540$ 28$ 658$ 122% Supplies for first aid cabinet COLLECTIONS 180-021-000-40130 Salaries-Overtime 14,145$ 966$ 13,120$ 93% Based on number of after hours main breaks & reconnects 180-021-000-40140 Salaries-Longevity 3,128$ -$ 3,160$ 101% Paid annually in November. 180-021-000-40160 Salaries-Certification 1,200$ 125$ 1,125$ 94% Based on Certification testing. Paid monthly BOARD OF DIRECTORS Explanationprovided for all accounts with a Year-To-Date percentage (YTD%) less than the Revenue Variance and greater than or equal to the Expense Variance. The Revenue and Expense Variance is calculated on a straight-line method (Financials Month x 8.3%), less 8.3% for revenues and plus 8.3% for expenses. All variances over $1000 will be addressed. TCMUD 1 Page 20 of 83 20 July 2011 BUDGET VARIANCE REPORT FUND:180 - MUD 1 O&M FINANCIALS MONTH: June-2011 REVENUE VARIANCE: 67% EXPENSE VARIANCE: 83% NOTE: ACCOUNT DESCRIPTION TOTAL BUDGET CURRENT MONTH YTD TOTAL YTD % VARIANCE EXPLANATION Explanationprovided for all accounts with a Year-To-Date percentage (YTD%) less than the Revenue Variance and greater than or equal to the Expense Variance. The Revenue and Expense Variance is calculated on a straight-line method (Financials Month x 8.3%), less 8.3% for revenues and plus 8.3% for expenses. All variances over $1000 will be addressed. 180-130-000-87110 Water Conservation/Public Information -$ 2,179$ 2,335$ Water Conservation Program-not budgeted TCMUD 1 Page 21 of 83 20 July 2011 BUDGET VARIANCE REPORT FUND:180 - MUD 1 O&M FINANCIALS MONTH: June-2011 REVENUE VARIANCE: 67% EXPENSE VARIANCE: 83% NOTE: ACCOUNT DESCRIPTION TOTAL BUDGET CURRENT MONTH YTD TOTAL YTD % VARIANCE EXPLANATION Explanationprovided for all accounts with a Year-To-Date percentage (YTD%) less than the Revenue Variance and greater than or equal to the Expense Variance. The Revenue and Expense Variance is calculated on a straight-line method (Financials Month x 8.3%), less 8.3% for revenues and plus 8.3% for expenses. All variances over $1000 will be addressed. MANAGER'S OFFICE 180-140-000-40140 Salaries-Longevity 2,580$ -$ 2,755$ 107% Paid annually in November 180-140-000-42290 Pre-employment Physicals/Testing -$ -$ 52$ 0% Receptionist position 180-140-000-42960 Employee Relations 1,000$ 319$ 906$ 91% Christmas party and employee functions 180-140-000-50100 Professional Outside Services 229,076$ -$ 228,076$ 100% Semo Contract with Town-paid in two installments 180-140-000-52100 Elections 2,500$ (87)$ 1,953$ 78% Contract with Denton County for Elections - Received refund from Denton County 180-140-000-73200 Communications 1,798$ 333$ 2,169$ 121% Cell phones 180-140-000-73400 Printing 515$ -$ 3,170$ 616% Shared cost with Town/printing of calendars mailed to residents 180-140-000-74100 Dues & Memberships 1,612$ 300$ 1,715$ 106% Majority of dues paid in Oct/Nov. FINANCE 180-611-000-40130 Salaries-Overtime 3,500$ 434$ 10,995$ 314% Monthly MUD meetings and monthly financials for meeting 180-611-000-40140 Salaries-Longevity 3,128$ -$ 3,160$ 101% Paid annually in November 180-611-000-41200 Retirement 10,647$ 843$ 8,886$ 83% 2 to 1 match 180-611-000-41215 Dental Insurance 393$ 43$ 367$ 93% Change in family status 180-611-000-60100 Office Supplies 600$ -$ 481$ 80% Purchase of Blank check stock $274 UTILITY BILLING 180-620-000-40140 Salaries-Longevity 245$ -$ 405$ 165% Paid annuallyin November, Utility Billing Clerk not budgeted for Longevity in the amount of $160 180-620-000-73600 Service Charges & Fees 18,000$ 1,970$ 16,180$ 90% WorldPay monthly credit card transaction fees. Added second machine for front desk. 180-620-000-75600 TCEQ Annual Assessment Fee 20,000$ -$ 19,248$ 96% Paid annually after calendar year end INFORMATION SERVICES 180-640-000-57000 Independent Labor 1,464$ 1,318$ 2,349$ 160% Outside services 180-640-000-73100 Telephone 8,040$ 888$ 7,976$ 99% expenses related to new phone system FACILITIES MANAGEMENT 180-710-000-81200 Building Maintenance 11,970$ 986$ 13,335$ 111% Air conditioning repair/MUD building NON-DEPARTMENTAL 180-810-000-50200 Auditing 27,500$ -$ 27,500$ 100% Annual Auditing contract TCMUD 1 Page 22 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-61-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:6/16/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:6/21/2011 Title:Discuss and take appropriate action to award or reject proposal and execution of contract with apparent best qualified vendor for Audit Services and authorizing execution of necessary documents. (Scott/Gonzales) Attachments:Bid Tab Audit RFP Results.pdf Action ByDate Action ResultVer. Trophy Club Municipal Utility District No. 1 6/21/2011 1 Title Discuss and take appropriate action to award or reject proposal and execution of contract with apparent best qualified vendor for Audit Services and authorizing execution of necessary documents. (Scott/Gonzales) Body [Enter body here.] TCMUD 1 Page 23 of 83 20 July 2011 TCMUD 1Page 24 of 8320 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-79-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/13/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take appropriate action regarding Governmental Accounting Standards Board (GASB) Statement 54, requiring a Fund Balance Policy be adopted by September 30, 2011. Attachments:Fund Balance Policy 070111.pdf Action ByDate Action ResultVer. Title Discuss and take appropriate action regarding Governmental Accounting Standards Board (GASB) Statement 54, requiring a Fund Balance Policy be adopted by September 30, 2011. Body Senior Accontant Gonzales will have a PowerPoint presentation to further explain the need for this agenda item. TCMUD 1 Page 25 of 83 20 July 2011 Trophy Club MUD #1 Fund Balance Policy Purpose The purpose of this policy is to establish a key element of the financial stability of MUD #1 by setting guidelines for fund balance. Unassigned fund balance is an important measure of economic stability. It is essential that the MUD maintain adequate levels of unassigned fund balance to mitigate financial risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and similar circumstances. The fund balance also provides cash flow liquidity for the MUD’s general operations. Definitions Fund Equity – A fund’s equity is generally the difference between its assets and its liabilities. Fund Balance – An accounting distinction is made between the portions of fund equity that is spendable and non-spendable. These are broken up into five categories: 1. Non-spendable fund balance – includes amounts that are not in a spendable form or are required to be maintained intact. Examples are inventory or permanent funds. 2. Restricted fund balance – includes amounts that can be spent only for the specific purposes stipulated by external resource providers either constitutionally or through enabling legislation. Examples include grants and child safety fees. 3. Committed fund balance – includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision-making authority. Commitments may be changed or lifted only by the government taking the same formal action that imposed the constraint originally. 4. Assigned fund balance – comprises amounts intended to be used by the government for specific purposes. Intent can be expressed by the governing body or by an official or body to which the governing body delegates the authority. In governmental funds other than the general fund, assigned fund balance represents the amount that is not restricted or committed. This indicates that resources in other governmental funds are, at a minimum, intended to be used for the purpose of that fund. 5. Unassigned fund balance – is the residual classification of the general fund and includes all amounts not contained in other classifications. Unassigned amounts are technically available for any purpose. TCMUD 1 Page 26 of 83 20 July 2011 Policy Committed Fund Balance The Trophy Club Municipal Utility #1 Board of Directors is the MUD’s highest level of decision-making authority and the formal action that is required to be taken to establish, modify, or rescind a fund balance commitment is a resolution approved by the MUD #1 Board at the monthly meeting. The resolution must either be approved or rescinded, as applicable, prior to the last day of the fiscal year for which the commitment is made. The amount subject to the constraint may be determined in the subsequent period. Assigned Fund Balance The Trophy Club MUD #1 Board of Directors has authorized the MUD’s District Manager as the official authorized to assign fund balance to a specific purpose as approved by this fund balance policy. Minimum Unassigned Fund Balance It is the goal of the City to achieve and maintain an unassigned fund balance in the general fund equal to ____% of expenditures. The MUD Board considers a balance of less than ___% to be cause for concern, barring unusual or deliberate circumstances. If unassigned fund balance falls below the goal or has a deficiency, the MUD will (describe the procedures for replenishing fund balance.) Order of Expenditure of Funds When multiple categories of fund balance are available for expenditure (for example, a construction project is being funded partly by a grant, funds set aside by the MUD Board, and unassigned fund balance), the MUD will start with the most restricted category and spend those funds first before moving down to the next category with available funds. (Does not have to be in this order if the MUD Board wishes to use a different order) Stabilization (or “Rainy Day”) Fund If the MUD has this type of fund, the MUD must describe in specific detail the resources committed and the circumstances that define the use of the funds; “emergencies” or “revenue shortages” is not specific enough for GASB 54. If the MUD does not have a more specific policy, the fund will most likely be reported as part of the general fund as committed. TCMUD 1 Page 27 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-80-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/13/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Review and discuss TCMUD No. 1's preliminary draft budget for FY 2011-2012. Attachments: Action ByDate Action ResultVer. Title Review and discuss TCMUD No. 1's preliminary draft budget for FY 2011-2012. TCMUD 1 Page 28 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-67-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/10/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take appropriate action concerning Interlocal Agreement with Denton County Tax Office for Property Tax Collection. (Moore) Attachments:2011 ILA Denton County-Tax Collection.pdf Action ByDate Action ResultVer. Title Discuss and take appropriate action concerning Interlocal Agreement with Denton County Tax Office for Property Tax Collection.(Moore) Body This is an annual agreement with Denton County for Tax Collection Services. The cost for 2011-12 is $0.71 per statement (Page 6). Staff recommends designating Senior Accountant Renae Gonzales to act on behalf of the District with regard to this Agreement. There was an error on Denton County's part on page 2, paragraph 1 - third sentence - the number was 9010. Denton County has been contacted and has submitted a corrected copy, reflecting the correct number - 2011. This is why page 2 looks different from the other pages. Motion: Move to approve the Interlocal Agreement with Denton County Tax Office for Property Tax Collection for 2011-2012. TCMUD 1 Page 29 of 83 20 July 2011 TCMUD 1 Page 30 of 83 20 July 2011 TCMUD 1 Page 31 of 83 20 July 2011 TCMUD 1 Page 32 of 83 20 July 2011 TCMUD 1 Page 33 of 83 20 July 2011 TCMUD 1 Page 34 of 83 20 July 2011 TCMUD 1 Page 35 of 83 20 July 2011 TCMUD 1 Page 36 of 83 20 July 2011 TCMUD 1 Page 37 of 83 20 July 2011 TCMUD 1 Page 38 of 83 20 July 2011 TCMUD 1 Page 39 of 83 20 July 2011 TCMUD 1 Page 40 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-68-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/10/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take appropriate action to appoint a committee to plan for a possible Fire Station Monument including location, cost, design, and purpose. (Moss) Attachments: Action ByDate Action ResultVer. Title Discuss and take appropriate action to appoint a committee to plan for a possible Fire Station Monument including location, cost, design, and purpose . (Moss) Body [Enter body here.] TCMUD 1 Page 41 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-69-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/10/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take appropriate action regarding Order 2011-0720, 2011-1 Rate Order. Attachments:M1-O-2011-0720-Rate Order.pdf Rate Comparisons.pdf Action ByDate Action ResultVer. Title Discuss and take appropriate action regarding Order 2011-0720, 2011-1 Rate Order. Body Amendments are in blue: Section 1.04. Inspections and Fees. Paragraph C - Page 4 - Swimming Pool Discharge into Sanitary Sewer System. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie into the sanitary sewer. Section 3.01 Security Deposits - Paragraph F - Page 11 - Deleted (Fee for Confidentiality Request) Section 3.02 Billing Procedures. Paragraph G - Page 13 - Termination of Service. When a customer stops service or service is terminated due to bankruptcy, foreclosure, or otherwise, then it is the policy of the MUD/District not to impose any further monthly fees until such time as service is initiated. There shall be no reoccurring monthly fees imposed upon a residence that is vacant and receives no service. Also attached for the Board's review and consideration is attachment entitled, "Rate Comparisons". This sheet shows surrounding cities water rates as well as the tiered water rates of several AWBD Water Smart MUDs. Motion: Move to approve Order 2011-0720, 2011-1 Rate Order. TCMUD 1 Page 42 of 83 20 July 2011 2011-1 RATE ORDER TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER No. 2011-0720 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 January 18, 2011 (the “2011 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 2011-1 Rate Order and is of the opinion that the following conditions and provisions should be established as the policies, procedures, and rates for obtaining service from the District’s water and sewer system. THEREFORE, IT IS ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 THAT: ARTICLE I TAP FEES AND CONNECTION POLICY Section 1.01. Initiation of Water and Sanitary Sewer Connections. Each person desiring a water and sanitary sewer service connection to the District’s System shall be required to pay such fees as set forth in this Order. No service shall be established or re-established until such fees are paid. All service connections are subject to all other rules, regulations, and policies of the District. Formatted: Font: Bold Deleted: 0118 Deleted: September 15, 2009 Deleted: 09-201 Deleted: 0 Deleted: 0 TCMUD 1 Page 43 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 2 A. Certification of System. Connections shall not be made to the District’s System or portions of the System until the District’s engineer or Water/Wastewater Superintendent has certified that the System or applicable portion thereof is operable. B. Backflow Prevention. No water connections from any public drinking water supply system shall be allowed to any commercial establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. At any commercial establishment where an actual or potential contamination hazard exists, protection shall be required at the meter in the form of a backflow prevention assembly. The type of assembly required shall be the one known as “Reduced Pressure Zone” (RPZ) unless otherwise specified by the District through its Superintendent. The existence of potential contamination hazards without installation having been made of the means of control and prevention as set out in the preceding paragraph; or, the same having been installed, there is a failure to properly maintain the same, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or when the health hazard has been isolated from the public water system in accordance with the foregoing requirements. All backflow prevention assemblies that are required according to this section shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies that are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. The Customer shall, at his expense, properly install, test, and maintain any backflow prevention device required by this Rate Order. Copies of all testing and maintenance records shall be provided to the MUD not later than a date to be fixed by the MUD. If the Customer fails to comply with the terms of this Order, the MUD shall, at its option, either terminate service or properly install, test, and maintain an appropriate backflow prevention device at the service connection. Any expenses associated with the enforcement of this agreement shall be billed to the Customer. Deleted: 0118 TCMUD 1 Page 44 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 3 C. Availability of Access/Obstructions. By application for connection to the District’s System, the Customer shall be deemed to be granting to the District and its representatives a right of ingress and egress to and from the meter or point of service for such installation, maintenance and repair as the District, in its judgment, may deem reasonably necessary. The Customer shall also be deemed to be granting to the District and its representatives a right of ingress and egress to the Customer’s property, including the exterior of the Customer’s premises, for the purpose of performing the inspections and completing the Customer‘s Service Inspection Certifications required by the District’s rules and regulations. Taps and connections will not be made when, in the opinion of the District, building materials or other debris obstructs the work area or the work area is not completed or finished to grade. When sidewalks, driveways or other improvements have been constructed prior to application for service, such application shall be construed and accepted as the Customer’s waiver of a claim for any damages to such improvements resulting from the reasonable actions of the District in installation of the connection. Section 1.02. Residential Fire Lines, Connections, and Fees. A residence of six-thousand (6,000) square feet and less than eight-thousand (8,000) square feet shall have installed on its one-inch (1”) water service line, for fire protection, and as part of said line, a one-inch (1”) U-branch, with a separate meter and meter-box. The cost of said U-branch, meter, and meter-box shall be in the amount of five-hundred-twenty-five dollars ($525.00), payable at the time of permitting. A residence of more than eight-thousand (8,000) square feet, in addition to its regular one-inch (1”) water service line, shall have installed a separate one- and one-half inch (1½”) water service line for fire protection with its own meter and meter-box. The cost of connection and installation of said separate line, meter and meter-box shall be either nine-hundred-seventy-five dollars ($975.00) if the home is on the same side of the street as the waterline; or, if it is on the opposite side of the street from the waterline, necessitating boring, then the charge shall be two-thousand-three-hundred-fifty dollars ($2,350.00), payable at the time of permitting. Section 1.03. Connections by District. All connections to the District’s sewer system shall be made in accordance with the District’s Plumbing Code and its rules and regulations. No person except the District Manager or his/her authorized agent shall be permitted to tap or make any connection to the mains or distribution piping of the District’s water system, except for emergency firefighting purposes, or make any repairs or additions to or alterations in any meter, box, tap, pipe, cock or other fixture connected with the water service or any manhole, main, trunk or appurtenance of the District’s sanitary sewer system, unless otherwise specified by the Board of Directors of the District. No Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold TCMUD 1 Page 45 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 4 sewer connection shall be covered in the ground before a representative of the District has inspected the sewer connection. No house lead shall be covered in the ground before the water connection has been inspected and approved by a licensed plumbing inspector with jurisdiction of the site. Section 1.04. Inspections and Fees. Fees for permits and for plumbing inspections (other than for sewer and backflow inspections referred to below in subparagraphs A and B) should be paid to the city or town in which the property is located or to the District if the property is not located within a city or town. A. Sewer Inspection and Fees. Sewer connections and house service lines shall be inspected by the District. An inspection fee of one- hundred-fifty dollars ($150.00) shall be paid to the District for each connection to the District sanitary sewer system. Installations that fail to conform at any time to the rules and regulations shall be disconnected. Any customer whose connection is disconnected for such failure shall be notified as to the basis for such disconnection. After noted deficiencies have been corrected, a re-inspection shall be made upon payment to the District of a re-inspection fee of twenty-five dollars ($25.00), plus payment by the customer of all outstanding charges. If subsequent re-inspections are required before the sewer connection and service lines are in compliance with the rules and regulations, a re-inspection fee of twenty- five dollars ($25.00) 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. New swimming pools permitted on or after June 24, 2005, shall have all backwash and/or drainage from said pool discharge into the sanitary sewer system. Owners of pools built or permitted prior to July 1, 2005 are not required to retrofit the pool equipment and tie into the sanitary sewer. Deleted: 0118 Formatted: Font: Bold Formatted: Highlight Deleted: Any backwash or drainage from a swimming pool shall discharge into the sanitary sewer system. TCMUD 1 Page 46 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 5 An indirect connection shall be made by means of an air break, discharging into a tailpiece installed a minimum of six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76 mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Section 1.05. Temporary Water Service - Construction Meters. 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. Construction Meter 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 Construction 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 Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold TCMUD 1 Page 47 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 6 the following March 15. Any irrigation and/or construction meter found still attached to a fire hydrant after 4 p.m. beginning November 1 and through the following March 15, will be removed at a service charge fee of seventy-five dollars ($75.00). Should any irrigation and/or construction meter attached to a fire hydrant cause damage as a result of being attached to a meter during freezing conditions beginning November 1 and through the following March 15, renter will be responsible for all costs associated with repair of damaged fire hydrant, to include labor costs. Section 1.06. Service Outside the District. The rates and charges stated in this Rate Order are for service to customers and property located within the boundaries of the District. Any service to a customer or property located outside the boundaries of the District shall be granted only upon special approval by the Board of Directors of the District. Unless other provisions are established by a special contract approved by the Board of Directors of the District, any service to customers or property outside the boundaries of the District shall be at the same rates and terms as specified in this Rate Order, except that regular charges for water, sewer, and tap charges shall be doubled. Service to Trophy Club Park at Lake Grapevine is specifically exempted from the doubling provision of the preceding paragraph. Section 1.07. Water Meter and Water Tap Fees. Domestic one-inch (1”) meter: $ 292.00 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. Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold TCMUD 1 Page 48 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 7 Section 1.08. Sewer Tap Fees. The charge for all taps of sewer lines within the District shall be equal to the cost to the District for making such connections. Section 1.09. Title to Facilities. Title to all water meters, water and sewer taps, and all other appurtenances, including meter boxes, shall lie in the District. ARTICLE II SERVICE RATES Section 2.01. Water Service. The following monthly rates for the sale of water shall be in effect for each Separate Connection within the District from the effective date hereof until such time as the Board of Directors amends said rates: A. Chemically Treated Water. Water from the District’s facilities which has been mixed, chlorinated, or otherwise treated so that it is suitable for human use and consumption shall be at the following rates: (1) Single-Family Homes. Each single family home shall be billed as follows: Basic Charge Fee: (Does not include water usage) $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- Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold TCMUD 1 Page 49 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 8 family home, with a Basic Charge Fee of $12.71 times the number of units in the building or complex. (ii) Multiple Meters. If a multi-family building or complex of buildings is served by more than one meter, then water delivered through each meter shall be billed at the same rate as a single family home, with a Basic Charge Fee of $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 Deleted: 0118 Formatted: Font: Bold Deleted: Page Break TCMUD 1 Page 50 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 9 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. 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 Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Deleted: ¶ TCMUD 1 Page 51 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 10 assessment to the Texas Commission on Environmental Quality (“TCEQ”) annually in the amount required by law on the total charges for retail water and sewer service billed to its customers annually. At the end of each year, the District shall prepare a written statement indicating (i) the total charges for retail water and sewer service for the year and (ii) the regulatory assessment due and payable to the TCEQ. Section 2.07. No Reduced Rates or Free Service. All customers receiving water and/or sewer service from the District shall be subject to the provisions of this Order and shall be charged the rates established in this Order, and no reduced rate or free service shall be furnished to any customer whether such user be a charitable or eleemosynary institution, a political subdivision, or municipal corporation; provided, however, this provision shall not prohibit the District from establishing reasonable classifications of customers for which rates differing from the rates stated herein may be adopted. ARTICLE III SERVICE POLICY Section 3.01. Security Deposits. Security deposits shall be required as follows: 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 Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold TCMUD 1 Page 52 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 11 that account is current at the time it is closed. However, if the account is not current at the time it is closed, then the security deposit shall be applied against the outstanding balance of the customer’s account at that time. C. Residential Lessees. A security deposit of one-hundred-fifty dollars ($150.00) shall be required from each residential lessee customer for a single-family home. D. Construction Meters. See Paragraph 1.05 above. E. Other customers. A security deposit equal to two (2) months’ estimated average monthly water and sewer bill shall be required of all other customers. F. Deposits. 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 Deleted: 0118 Formatted: Font: Bold Formatted: Tabs: 24 pt, List tab + Not at 36 pt Deleted: ¶ Page Break Deleted: ¶ Deleted: ¶ Deleted: . Deleted: F TCMUD 1 Page 53 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 12 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 the bill. If the customer appears before the Board, in person or by written correspondence, the Board shall hear and consider the matter and inform the customer of the Board’s determination by sending written notice to the customer by first class United States mail stating whether or not service will be disconnected. If service is disconnected, it shall be reconnected only upon payment in full of all amounts due, including any late charges, penalties, and the security deposit, as set out above 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. Same-Day Service. A additional charge of twenty-five dollars ($25.00) shall be made when a customer requests 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. F. 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 one-hundred-twnety-five dollars Deleted: 0118 Formatted: Indent: Left: 36 pt, No bullets or numbering, Tabs: 108 pt, Left Deleted: his Deleted: 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. Deleted: n Deleted: on Deleted: ed Deleted: G TCMUD 1 Page 54 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 13 ($125.00) 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 G. Termination of Service. When a customer stops service or service is terminated due to bankruptcy, foreclosure, or otherwise, then it is the policy of the MUD/District not to impose any further monthly fees until such time as service is initiated. There shall be no reoccurring monthly fees imposed upon a residence that is vacant and receives no service. 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 Deleted: 0118 Formatted: Underline Formatted: Indent: Left: 36 pt, Tabs: 36 pt, Left + 108 pt, Left Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Deleted: . TCMUD 1 Page 55 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 14 of their sewer line, the fee will be one-hundred-fifty dollars ($150.00) payable to the District assessed on the next month’s bill. Section 3.06. Requested Temporary Disconnection. If service is temporarily disconnected at the customer’s request, the charge for such voluntary disconnection shall be ten dollars ($10.00), and the charge for subsequently reconnecting the service shall also be ten dollars ($10.00). These charges apply to connects and disconnects that are completed during normal business hours. Section 3.07. Easements. Before service is begun to any customer, or once begun before reconnection is made, the person requesting such service shall grant an easement of ingress and egress to and from the meter(s) for such maintenance and repair as the District, in its judgment, may deem necessary. Section 3.08. Required Service. No service will be given from the District’s water and sewer system unless the customer agrees to take both water and sewer service, except that permanent irrigation only services may receive water only, and projects under construction may, if they wish, receive water service only during the period of such construction. 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. Industrial Waste 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. Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Underline Formatted: Font: Bold Deleted: TCMUD 1 Page 56 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 15 B. Industrial Waste Discharge-Charges and Rates. If any customer of the District’s sanitary sewer system proposes to discharge industrial waste into such system, the Board of Directors of the District shall request the recommendation of the District Engineer and shall establish rates and charges to provide for an equitable assessment of costs whereby such rates and charges for discharges of industrial waste correspond to the cost of waste treatment, taking into account the volume and strength of the industrial, domestic, commercial waste, and all other waste discharges treated and techniques of the treatment required. Such rates shall be an equitable system of cost recovery which is sufficient to produce revenues, in proportion to the percentage of industrial wastes proportionately relative to the total waste load to be treated by the District for the operation and maintenance of the treatment works, for the amortization of the District’s indebtedness for the cost as may be necessary to assure adequate waste treatment on a continuing basis. 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 Deleted: 0118 Formatted: Font: Bold TCMUD 1 Page 57 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 16 reason of such violation, and enforcement thereof shall be in accordance with Paragraph A of Section 5.01 of this Order. Section 5.02. Non-waiver. The failure on the part of the District to enforce any section, clause, sentence, or provision of this Order shall not constitute a waiver of the right of the District later to enforce any section, clause, sentence, or provision of this Order. Section 5.03. Appeal. Any determination by the District of any dispute regarding the terms and provisions of this order may be appealed to the Board of the District, which shall conduct a hearing on the matter. The District shall provide the customer with information regarding appeals and hearing procedures upon the customer’s request. 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 “2011-1 Rate Order” (Order 2011- 0720) 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. Deleted: 0118 Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Deleted: Page Break Deleted: 0118 TCMUD 1 Page 58 of 83 20 July 2011 Trophy Club MUD 1 2011 Rate Order Order 2011-0721 17 ARTICLE VIII EFFECTIVE DATE This Order shall be effective August 1, 2011. 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 20TH day of July 2011. _________________________________ Jim Moss, President (SEAL) ____________________________________ Kevin R. Carr, Secretary/Treasurer ____________________________ Mary Moore, MUD Secretary Deleted: 0118 Formatted: Superscript Deleted: February Deleted: 18th Deleted: January Deleted: ames C. Thoma TCMUD 1 Page 59 of 83 20 July 2011 # of Gallons# of Gallons# of Gallons# of Gallons# of Gallons# of Gallons# of Gallons0 - 3000 $2.580 - 2000 $42.93 flat fee 0 - 2000 $1.780 - 3000 $30.00 flat fee 0 - 5000 $48.750 - 2000 $27.00 flat fee 0 - 2000 $3.103000 - 15000 $3.06 2000 - 10000 $3.002000 - 10000 $2.95 3000 - 15000 $2.75 5000 - 10000 $2.91 2000 - 10000 $3.17 2000 - 20000 $3.1015000 - 30000 $3.76 10000 - 15000 $3.68 10000 - 20000 $3.27 15000 - 30000 $3.60 10000 - 15000 $3.64 10000 - 25000 $3.67 20000 - 40000 $3.8830000 - 50000 $4.67 15000 - 50000 $4.36 20000 - 25000 $3.70 30000 and up $4.95 15000 - 25000 $4.36 25000 - 40000 $3.92 40000 - 400000 $4.8450000 and up $7.15 50000 and up $5.04 25000 - 40000 $4.8125000 and up $5.09 40000 and up $4.42 400000 and up $6.0540000 and up $5.24# of Gallons# of Gallons# of Gallons# of Gallons# of Gallons# of Gallons# of Gallons0 - 5000 $18.00 flat fee 0 - 15000 $16.00 flat fee 0 - 5000 $7.50 flat fee 0 - 5000 $24.00 flat fee 0 - 1000 $5.00 flat fee 0 - 3000 $37.17 flat fee 0 - 10000 $20.00 flat fee5000 - 10000 $2.00next 5000 $1.205000 - 10000 $1.70 5000 - 15000 $1.00 1000 - 20000 $1.00next 5000 $5.20 10000 - 20000 $0.8010000 - 15000 $2.50next 5000 $1.30 10000 and up $1.85 15000 - 30000 $1.50 20000 - 30000 $2.00next 5000 $6.18 20000 - 30000 $0.9015000 - 25000 $3.75next 5000 $1.5030000 and up $2.00 30000 and up $3.00 13000 and up $7.82 30000 - 50000 $1.1025000 and up $4.38next 10000 $1.7550000 - 75000 $1.25after that $2.0075000 and up $5.00# of Gallons0 - 6000 $2.48# of Gallons# of Gallons# of Gallons# of Gallons7000 - 12000 $3.000 - 1999 $12.10 flat fee 0 - 2000 $9.75 flat fee 0 - 1000 $27.50 flat fee 0 - 10000 $12.0013000 - 25000 $3.232000 and up $3.53 2000 and up $2.751000 and up $6.00 10000 and up $2.0026000 - 50000 $3.3450000 and up $3.44ColleyvilleGrapevineJustinCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsRate Structure for Surrounding Cities - 2011ArgyleFlower MoundCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsRate Structure for Surrounding Cities - 2011Harris Co UD 6Trophy Club - CurrentRATE COMPARISONSCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsNorthlakeRoanokeHarris Co WCID 136SouthlakeWestlakeCost per 1000 gallonsCost per 1000 gallonsCost per 1000 gallonsKellerRate Structure for Water Smart MUDs - 2011Fort Bend Co WCID 2 Harris Co MUD 71Rate Structure for Water Smart MUDs - 2011Harris Co WCID 36 Northhampton MUDFort Bend Co MUD 25 Fort Bend Co MUD 81Cost per 1000 gallonsTCMUD 1Page 60 of 8320 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-81-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/13/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take action to approve revised Confidentiality Request Form. Attachments:New Confidentiality Request Form071011.pdf Action ByDate Action ResultVer. Title Discuss and take action to approve revised Confidentiality Request Form. TCMUD 1 Page 61 of 83 20 July 2011 100 Municipal Drive, Trophy Club, Texas 76262  682.831.4685 / Fax: 817.491.9312  TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1  CONSUMER CONFIDENTIALTY REQUEST FORM The Trophy Club Municipal Utility District No. 1’s Utility Business Office is a publicly-owned and operated utility office; therefore, your utility bill account information is considered public record under the Texas Public Information Act. However, a state law {Texas Utility Code Confidential, Subchapter B 182.052(a)} allows residential water customers to request that personal information and any information relating to water usage, billing amounts and payment records be kept confidential. Personal information includes your address, telephone number and social security number. Please note that Trophy Club MUD No. 1 does NOT request nor keep your social security number on file. This request form must be submitted in writing using this form. Once the request is received and processed, the Utility Business Office will not release confidential information for that customer except to (in accordance with TX State Utilities Code): 1. government officials, 2. consumer reporting agencies, 3. contractors or subcontractors who need the information to do their jobs, 4. utility representatives, or 5. individuals whom the customer has waived confidentiality. (Must be in writing.) People in these categories will be required to show identification before the information will be released. If you have already completed a form similar to this one, the Utility Business Office requests that you complete this form in order to ensure that we have the most current information on your confidentiality selection. If you wish to request confidentiality, please complete and return the form below. If you have any questions, please call 682-831-4682. Information cannot be kept confidential until this completed and signed form is received and processed by the Utility Business Office. YES, I hereby request that all personal information and any information relating to water usage, billing amounts or payment records be kept confidential. Please print: Account Number: _____________________________________________ Service Address: ______________________________________________ Customer Name: ______________________________________________ Phone Number: _______________________________________________ _______________________________________ ______________ Customer Signature (Required) Date Please bring or mail form to: MUD 1 Utility Business Office 100 Municipal Drive Trophy Club, TX 76262 You may also fax your completed form to: (817) 491-9312 or email to ub@ci.trophyclub.tx.us FOR OFFICE USE ONLY Date Received: Input by:Scan Date: TCMUD 1 Page 62 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-63-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:6/16/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Review and Approve Minutes a. May 24, 2011 - Regular Session Minutes b. June 21, 2011 - Regular Session Minutes Attachments:M1-Minutes-052411.pdf M1-Minutes-062111.pdf Action ByDate Action ResultVer. Trophy Club Municipal Utility District No. 1 6/21/2011 1 Title Review and Approve Minutes a. May 24, 2011 - Regular Session Minutes b. June 21, 2011 - Regular Session Minutes TCMUD 1 Page 63 of 83 20 July 2011 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, May 24, 2011 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on Tuesday, May 24, 2011, in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. Call to order and announce a quorum. MUD 1 BOARD MEMBERS President Jim Thomas, Vice President Jim Moss, Secretary/Treasurer Kevin Carr, and Director Bill Armstrong Present:4 - Director Nick SandersExcused:1 - MUD 1 STAFF PRESENT: Robert Scott, District Manager Mary Moore, MUD Secretary Renae Gonzales, Senior Accountant Danny Thomas, Fire Chief Pam Liston, Attorney TOWN COUNCIL/STAFF PRESENT: Bill Rose, Councilmember 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. No citizens addressed the Board. REGULAR SESSION Reports & Updates TCMUD 1 Page 64 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 1.Receive District Manager's Report a. Water pumped vs. billed b. Update - Screen Rake Installation - WWTP c. Update - Elevation Ground Storage Tanks d. WWTP Montly Report e. Update - RFP for Audit Services f. New Fire Station Construction Costs to date g. TCEQ Update - Chemical Sampling Costs h. Update - Bacteriological Testing Increase from $15 to $20/month i. Update - Contract for Elevated Tank District Manager Scott updated the Board regarding the above items. 2.Receive Finance Update a. Senior Accountant Gonzales to provide the Board with a monthly update and address the Board's questions. Renae Gonzales advised there were 12 PID connections for the month of April, and a total of 79 for the fiscal year. District Manager Scott added that Ron Powell in Permitting has about 44 new home permits waiting for his review. 3.Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. Fire Chief Thomas provided the Board with the monthly Fire Update. Chief Thomas also advised that our crew received very high regards for their work fighting the wildfires in West Texas. 4.Receive Town Council Update a. Councilmember Rose to provide Board with an update of Council meetings, notices and relevant business. Council Liaison Rose provided the following update to the Board: May 2nd Council meeting: 1. Approved a revised Site Plan and Landscape Plan for Northwest Independent School District's Byron Nelson High School to expand the parking lots. May 23rd Council Meeting: 1. Canvassed the returns and declared the results of the May 14, 2011 General Election for the Town of Trophy Club. Mayor White was re-elected for a three-year term, Councilmember Bill Rose was re-elected as Councilmember at Place #1 for a three-year term, and Jeannette Tiffany was elected Councilmember at Place #2 for a three-year term. The legalization of the sale of all alcoholic beverages for off-premise consumption only was also approved. Action Items TCMUD 1 Page 65 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 2011-54-M15.Discussion of laws and policies governing access to and dissemination of resident information. (Thomas/Liston) At the request of President Thomas, Attorney Liston shared with the Board several regulations with regard to the proper protocol for release and access of customer information. The first was from the Texas Utilities Code, Section 182.052, providing information regarding release of Utility information to the public. Liston also shared excerpts from several Attorney General Opinions. Liston then read from the MUD Ethics Order, Section 9 and Section 11; Page 10 of 19. Liston then read from the Statement of Commitment, which each Director has signed. In summary, Liston then read some examples of AG Opinions where release of information is allowed. Discussion Only - No action taken 2011-47-M16.Review and Approve Monthly Financial Report(s) a. April 2011 A motion was made by Secretary/Treasurer Carr, seconded by Vice President Moss, to Approve the April 2011 Financials. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersExcused:1 - 2011-48-M17.Discuss and take appropriate action regarding Order 2011-0524, canvassing the returns and declaring the results of the Special Election for MUD 1. A motion was made by Secretary/Treasurer Carr, seconded by Vice President Moss, to Approve Order 2011-0524, canvassing the returns of the May 14, 2011 Special Election for Trophy Club MUD 1. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersExcused:1 - 2011-55-M18.Discuss and take appropriate action regarding possible Request for Proposals (RFP) for new Utility Billing and Financial Software and consideration of moving forward with installation of Version 2.0 of STW including online bill payment module. (Sanders/Scott) District Manager Scott advised that the Town is putting together a Request For Proposal (RFP) for the purpose of soliciting vendor proposals for an administrative data processing system to serve the current and projected needs of both the Town and the MUD (Utility Billing). Scott advised that Town Manager Slye has asked that we wait to see what comes as a result of the RFP before making a decision on a Utility Billing Software. Discussion Only - No action taken TCMUD 1 Page 66 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 2011-33-M19.Discuss and take appropriate action to approve construction costs for relocation of water lines for the Town of Trophy Club's Roundabout. (Scott) President Thomas advised that Town Manager Slye will go before his Council on June 6th for Council's input on whether to move forward or delay construction of the Town's Roundabout. Thomas advised there are funds available from the County; however, those funds would not be available until October. District Manager Scott advised that we have received three bids, ranging in cost from $72,000 to $85,000. Scott added that the Town has sent out bids of their own for this work. Director Moss asked if the County is going to pay for this in October, and we don't have the money in our budget to do it, Moss does not know how we can obligate ourselves to do it now. Where would we get the money from? President Thomas advised that the County funds in October will not fund the roundabout but rather will fund corrections on Indian Creek Drive. Director Armstrong asked why the Town wouldn't wait until October when there would be funds available from the County, and have police available to direct traffic issues. Armstrong stated this would be best discussed in a Joint Session with the Town. Director Armstrong stated we would approve this expenditure if the Town would go ahead and pay for the utilities to be relocated, and then we would put that money into next year's budget and pay for the relocation with the budgeted funds after October 1, 2011. Secretary/Treasurer Carr agrees with Director Armstrong's suggestion, as he does not feel we should obligate unbudgeted funds. President Thomas agreed. A motion was made by Secretary/Treasurer Carr, seconded by Director Armstrong, to Approve payment of not to exceed $75,000 for the purpose of relocation of water lines for the Town of Trophy Club's Roundabout to be paid in 2011/2012 budget . The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersExcused:1 - 2011-49-M110.Discuss and take appropriate action regarding Order 2011-0524-A, amending Exhibit “A” of the Drought Contingency Plan. A motion was made by Vice President Moss, seconded by Secretary/Treasurer Carr, to Approve Order 2011-0524-A, approving amendment of the Drought Contingency Plan. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersExcused:1 - TCMUD 1 Page 67 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 2011-50-M111.Discuss and take appropriate action on various recommendations from the Water Efficiency Committee for MUD1 consideration. (Thomas) President Thomas went over his recommendations for Water Efficiency Campaign, which included: a brochure addressing Water Efficiency for the Home; an informational handout to go with the Moisture Meter explaining how to use the meter; implement a Water Efficiency Yard of the month campaign with a $250.00 rebate to the winner along with a sign in winner's yard; and finally, implement/fund capillary irrigation in the Town medians. Secretary/Treasurer Carr is all for providing water efficiency information to the residents; however, he is not for most of what President Thomas is proposing. Director Armstrong agrees with Secretary/Treasurer Carr on this issue one-hundred percent. Director Armstrong has some recommendations for the Town, stating that we have a communication system established, and we should use this system when it looks like we may exceed peaking,and request a shut down of sprinklers for Town medians, parks, and communicate to our schools to halt irrigation of school property. Secretary/Treasurer Carr requested the Board move on. Discussion Only - No action taken 2011-56-M112.Receive update regarding presentation to Medlin 5th grade science class by President Thomas; discuss and take appropriate action to approve associated costs regarding same. (Thomas) President Thomas advised there will be no costs associated with the presentation to the 5th Graders. Thomas purchased some candy for awards and will be handing out water bottles from the Town. Discussion Only - No action taken Review & Discuss 2011-51-M113.Review and Approve Minutes a. April 19, 2011 - Regular Session minutes A motion was made by Secretary/Treasurer Carr, seconded by Vice President Moss, to Approve the April 19, 2011 Regular Session minutes. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, and Director Armstrong Aye:4 - Director SandersExcused:1 - 14.Set Next Meeting Date: a. Tuesday, June 21, 2011 - 7:00 p.m. Board agreed to meet on the above date and time. TCMUD 1 Page 68 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 15.Items for Future Agendas a. Funding of Future Capital Projects; i.e., Trinity Well No. 2 Board offered no revisions. CONVENE INTO CLOSED SESSION The Board took a five-minute break at 8:55 and went into Closed Session at 9:00 p.m. A. PURSUANT TO SECTION 551.071 (1) (A) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER OF PENDING OR CONTEMPLATED LITIGATION: Anticipated or threatened litigation against the District regarding personnel matters. B. PURSUANT TO SECTION 551.071 (2) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER IN WHICH THE DUTY OF THE ATTORNEY TO THE GOVERNMENTAL BODY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE BAR OF TEXAS CLEARLY CONFLICTS WITH THE OPEN MEETINGS ACT: Legal issues regarding the administration of the Interlocal Agreement for Employee and Contractual Services and Personnel Policies. *CLOSED SESSION RECONVENE INTO REGULAR SESSION The Board reconvened into Open Session at 9:52 p.m. 2011-46-M116.Discuss and take appropriate action regarding Executive Session item(s). Discussion Only - No action taken Adjourn Meeting adjourned at 9:53 p.m. TCMUD 1 Page 69 of 83 20 July 2011 May 24, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes ___________________________ James C. Thomas, President (Seal) ____________________________ Kevin R. Carr, Secretary ____________________________ Mary Moore, MUD Secretary TCMUD 1 Page 70 of 83 20 July 2011 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, June 21, 2011 The Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties met in Regular Session on June 21, 2011, at 7:00 p.m., in the Boardroom of the Administration Building, 100 Municipal Drive, Trophy Club, Texas 76262. Call to order and announce a quorum. President Thomas called the meeting to order at 7:00 p.m., noting a quorum was present. MUD 1 BOARD MEMBERS President Jim Thomas, Vice President Jim Moss, Secretary/Treasurer Kevin Carr, Director Bill Armstrong, and Director Nick Sanders Present:5 - MUD 1 STAFF PRESENT: Robert Scott, District Manager Mary Moore, MUD Secretary Renae Gonzales, Senior Accountant Danny Thomas, Fire Chief Bob West, Attorney TOWN COUNCIL/STAFF PRESENT: Bill Rose, Councilmember Adam Adams, Director Parks & Rec Sherri Lewis, Recreation Supervisor GUEST(S) PRESENT: Jim Budarf, 547 Indian Creek Drive Brenda Budarf, 547 Indian Creek Drive Dean Henry, 203 Oakmont Drive Betty Ann Henry, 203 Oakmont Drive Jim Hase, 209 Inverness Drive Shirley Hase, 209 Inverness Drive Sue Moss, 979 Trophy Club Drive Greg Lamont, 15 Avalon Drive Marlin Scott REGULAR SESSION TCMUD 1 Page 71 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes Citizen Presentation No citizens addressed the Board. 1.MUD 1 Board to recognize District Manager Robert Scott for 20 Years of Service to the Trophy Club Municipal Utility District. President Thomas thanked District Manager Scott for his 20 years of service, and presented him with a plaque and a gift for his years of service. Reports & Updates 2.Receive District Manager's Report a. Water pumped vs. billed b. Update - Screen Rake Installation - WWTP c. Update - Elevation Ground Storage Tanks d. Update - Town's Elevated Tank e. Monthly WWTP Report f. New Fire Station Construction Costs to date g. Update - Wastewater Treatment Plant Permit Renewal with TCEQ h. Utilize Jim Hase' expertise again this year for budget preparation i. Fire Station Grand Opening is scheduled for Saturday, July 30th from 10 a.m. to 2 p.m. j. Fire Station VIP Party for current Councilmembers, current and past MUD Directors, staff and invited guests is scheduled for Friday, July 22nd at 4:00 to 6:00 p.m. District Manager Scott updated the Board regarding the above items. Scott advised that the date for the grand openings for the Fire Station has been pushed back to August. The new generator at the Water Plant has been installed and staff ran a test, and all is working very well. President Thomas moved Agenda Item No. 7 forward in consideration of Parks Director Adam Adams' time. 2011-57-M17.Discuss and take appropriate action on releasing the budgeted amount of ten thousand dollars ($10,000) to the Parks & Recreation Department to be applied to towards the July 4th fireworks. (Adams) Parks Director Adams offered a Power Point presentation to the Board, addressing the 4th of July celebration and its benefits to our community and residents. Adams explained that the community events are a service to our residents and are not geared to generate revenue. Adams is looking for judges to judge the Trophy Idol Contest. Director Sanders made the suggestion to contact Chick-fil-A as a possible sponsor. A motion was made by Director Armstrong, seconded by Vice President Moss, to release the budgeted amount of $10,000 to be applied to the 4th of July fireworks. The motion CARRIED by the following vote: 4 Ayes; 1 Abstention Aye:President Thomas, Vice President Moss, Director Armstrong, and Director Sanders 4 - TCMUD 1 Page 72 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes Abstain:Secretary/Treasurer Carr1 - 3.Receive Finance Update a. Senior Accountant Gonzales to provide the Board with a monthly update and address the Board's questions. Renae Gonzales provided the following update to the Board: 1. 87 new homes in the PID through May. 14 new homes in the PID to date for the month of June. 2. GASB 54 - Requires Cities and MUDs to set up a policy to classify fund balance into multiple categories. This will need to be implemented by September 30th. 4.Receive Fire Update from Fire Chief Thomas a. To provide Board with a monthly update and address the Board's questions. Fire Chief Thomas provided the Board with the monthly Fire Update. 5.Receive Town Council Update a. Councilmember Rose to provide Board with an update of Council meetings, notices and relevant business. Council Liaison Rose provided the following update to the Board: June 6th Council meeting: 1. Council approved allowing employees (including MUD 1 employees) access to the Pool and Splash Pad without charge. The action provides employees with a standard family pass (4 people) at no cost and with the payment of a $10 fee (resident rate) for each additional person on the pass above the 4 family members. 2. Council rejected all bids for the Roundabout Intersection located at Trophy Club Drive and Trophy Lake. The apparent best qualified bidder was JRJ Paving at $1,405,425.64. We anticipate rebidding the project in January 2012, with a start date later that spring. June 20th Council meeting: 1. Awarded a contract for Professional Auditing Services to Weaver in an amount not to exceed $37,500 for FY11. Yielding a savings of $12,500 over FY10 costs and a projected savings over next three years of $29,749 over the total of the previous three years. 2. Delayed the decision on proceeding with a contract for the construction of the Harmony Park Spray Pad and infrastructure improvements to allow staff to research questions on cost and operational restrictions. 3. Council agreed to schedule the next Joint Session with TCMUD1 on Jul 19th, at 6:00 p.m., one hour prior to MUD 1's regularly scheduled meeting. TCMUD 1 Page 73 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 6.Receive Directors' Update a. Update regarding Director Sanders advised he attended the sessions on Thursday, Friday and Saturday. Sanders advised there was a bill introduced by Senator Jane Nelson to regulate how MUDs are funded and their ability to go out for bonds. Water Conservation is still an issue, and we are close to becoming a Water Smart Partner with AWBD. Director Armstrong attended the sessions regarding Parks and Audit, and found both very interesting. Armstrong congratulated President Thomas on becoming a Regional President for the North Central District at AWBD. President Thomas attended a session addressing Security. Attorney West advised that he spoke with TCEQ while at the conference, and advises that TCEQ continues to reorganize. West commented that President Thomas is now the third MUD Director to serve in the position of Regional President at AWBD. The mid-winter conference will be in January 2012 and will be in Dallas. Action Items: 2011-58-M18.Review and Approve Monthly Financial Report(s) a. May 2011 A motion was made by Secretary/Treasurer Carr, seconded by Director Sanders, to Approve the May 2011 Financial reports. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - 2011-61-M19.Discuss and take appropriate action to award or reject proposal and execution of contract with apparent best qualified vendor for Audit Services and authorizing execution of necessary documents. (Scott/Gonzales) District Manager advised that at last night's meeting, the Town Council approved to go with Weaver for Audit Services. Weaver's quote to the MUD was the most expensive of the bids received. Director Carr advised he would feel more comfortable going with an auditor separate from the Town. Director Carr requested we table and give Renae Gonzales and Robert Scott time to determine their top two Auditors and bring their recommendation back to the Board at next month's meeting. A motion was made by Secretary/Treasurer Carr, seconded by Director Sanders, to table this item to give Renae Gonzales and Robert Scott time to determine their top two auditors and bring their recommendation back to the Board at next month's meeting. The motion CARRIED by unanimous vote. President Thomas, Vice President Moss, Secretary/Treasurer Carr, Director Armstrong, and Director Sanders Aye:5 - TCMUD 1 Page 74 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 2011-60-M110.Discuss and take appropriate action regarding Order 2011-0621, the 2011-1 Rate Order. (Carr/Moore) President Thomas advised that in order to become a Water Smart Partner with AWBD, we need to have a tiered rate order, and Thomas does not believe our current rate order is tiered appropriately. District Manager Scott stated our waters rates are very low as compared to surrounding entities. Scott stated he would bring this back before the Board next month, after reviewing other entities tiered concepts and adjust our rate order accordingly. Director Armstrong asked District Manager Scott if he could bring us some statistics on water usage. District Manager Scott stated the average is 17,500 thousand gallons per month. Director Sanders asked for further clarification on paragraph e, with regard to what should be charged and what deposit should be required for real estate inspections. Staff offered the following proposed changes be considered for the 2011-1 Rate Order, and Staff seeks input and/or approval from the Board. Article 3, Section 3.01, Security Deposits, B. Residential Owners 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. There shall be an additional one-hundred dollar ($100.00) deposit required when a Residential Owner’s account is eligible for disconnection for nonpayment twice within a six (6) month period. Thereafter, there shall be an additional one-hundred dollar ($100.00) deposit required when said Residential Owner’s service account is eligible for disconnection due to nonpayment once within a six (6) month period. Any past due amounts on said account/residence shall be paid prior to any service being initiated. 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. There shall be an additional one-hundred dollar ($100.00) deposit required when a Residential Lessee’s account is eligible for disconnection for nonpayment twice within a six (6) month period. Thereafter, there shall be an additional one-hundred dollar ($100.00) deposit required when said Residential Lessee’s service account is eligible for disconnection due to nonpayment once within a six (6) month period. Any past due amounts on said account/residence shall be paid prior to any service being initiated. E. Real Estate Inspections. A security deposit of one-hundred dollars ($100) shall be required of a homeowner whose home is for sale, is vacant and requires an inspection. A security deposit of one-hundred-fifty dollars ($150) shall be required of Real Estate Agents who need to have an inspection performed on/at a home that they have a sale contract on and said home is in vacant status. Any past due amounts on said account/residence shall be paid prior to any service being initiated. Section 3.02 - Billing Procedures TCMUD 1 Page 75 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes H. Real Estate Inspection. There shall be a non-refundable $25.00 service charge to turn on service at a vacant residence for the purpose of a real estate inspection. I. Termination of Service. When a customer stops service or service is terminated due to bankruptcy, foreclosure, or otherwise, then it is the policy of the MUD/District not to impose any further monthly fees until such time as service is initiated. There shall be no reoccurring monthly fees imposed upon a residence that is vacant and receives no service. Pending modification: - Section 1.04. Inspections and Fees: A. 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 six inches (6”) (or 152 mm) above adjacent grade. The tailpiece shall be connected to a minimum three-inch (3” or 76 mm) p-trap not less than twelve inches (12” or 304 mm) below grade which discharges into the yard cleanout riser. Backwash systems shall not flow onto neighboring properties or into the storm sewer. The tie-in and inspection fee shall be seventy-five dollars ($75.00) to be paid at the time of issuance of the pool permit. Recently, the Town Council modified their Ordinance addressing the swimming pool discharge. In order to stay consistent, the MUD policies should mirror Town policies. Staff recommends that homes built prior to July 1, 2005 be allowed to discharge swimming pool discharge to the storm sewer. After some discussion, the Board agreed to review this item again at the next meeting. 2011-62-M111.Discuss and take action regarding engaging a third-party company, which offers warranties/insurance to residents on their residential water and/or sewer lines for a monthly fee. (Scott/Thomas) President Thomas advised that there are companies offering a warranty program for residential water and sewer lines. The costs run approximately $4.50 a month to insure your water lines and $5.50 a month to insure sewer lines. Thomas suggested we request quotes from these companies, and put on next month's agenda for Board's consideration. Director Sanders advised that the City of Roanoke has also implemented a similar program, and the City of Roanoke sent out a mass mailer signed by Roanoke's Mayor and many of our residents have received this correspondence. Director Carr asked counsel if there was any legal liability or exposure for the MUD or the Town to sponsor this type of program. Attorney West advised that the MUD has no liability past the meter. Director Carr stated he feels an endorsement letter should come from the Town/Mayor versus from the MUD. District Manager Scott advised that Town Manager Slye has set up a meeting with Mayor Gierisch to look into this program further. Discussion Only - No action taken TCMUD 1 Page 76 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 2011-59-M112.Discuss and take appropriate action regarding the selection of a President, Vice-President and Secretary/Treasurer for a one-year term. President Thomas called for nominations for MUD President. Director Sanders nominated Director Jim Moss for President. President Thomas called for any other nominations for MUD President. Upon hearing no further nominations, President Thomas then closed nominations. President Thomas called for nominations for MUD Vice President. Director Moss nominated Director Sanders for Vice President. President Thomas called for any other nominations for MUD Vice President. Upon hearing no further nominations, President Thomas then closed nominations. President Thomas called for nominations for MUD Secretary/Treasurer. Director Sanders nominated Director Carr for Secretary/Treasurer. President Thomas called for any other nominations for MUD Secretary/Treasurer. Upon hearing no further nominations, President Thomas then closed nominations. MUD 1 President for 2011-2012: Jim Moss MUD 1 Vice President for 2011-12 - Nick Sanders MUD 1 Secretary/Treasurer for 2011-12 - Kevin Carr Approved 2011-63-M113.Review and Approve Minutes a. May 24, 2011 - Regular Session Minutes b. June 21, 2011 - Regular Session Minutes MUD Secretary Moore requested that this item be tabled to the July meeting, to which the Board agreed. Tabled Review & Discuss 14.Set Next Meeting Date: a. Joint Meeting with Town Council - Tuesday, July 19, 2011 at 6:00 p.m. b. Regular Session Meeting - Tuesday, July 19, 2011 @ 7:00 p.m. The Board agreed to both meeting dates and times. TCMUD 1 Page 77 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes 15.Items for Future Agendas a. Funding of Future Capital Projects; i.e., Trinity Well No. 2 b. Municipal Water Rate for Town Parks (Sanders) c. Establish an entry statute or monument for the future fire station with funding for said item. (Sanders) Director Sanders requested that District Manager Scott get with Town Manager Slye to talk about a Municipal Water rate. District Manager Scott advised that he and Town Manager Slye have been in discussions regarding this, and we can discuss this at the Joint Meeting on July 19th. Director Sanders advised that the Women's Club has $2,500 for a Town monument, and we should look at cost, and moving forward toward a monument for the fire station. CONVENE INTO CLOSED SESSION The Board declined to go into Closed Session. A. PURSUANT TO SECTION 551.071 (1) (A) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER OF PENDING OR CONTEMPLATED LITIGATION: Anticipated or threatened litigation against the District regarding personnel matters. *CLOSED SESSION RECONVENE INTO REGULAR SESSION Board declined to go into Closed Session. 2011-64-M116.Discuss and take appropriate action regarding Executive Session item(s). a. Anticipated or threatened litigation against the District regarding personnel matters. b. Potential lawsuit regarding Attorney General Order 2011-08982. Board did not go into Closed Session. Adjourn Meeting adjourned 8:46 p.m. TCMUD 1 Page 78 of 83 20 July 2011 June 21, 2011Trophy Club Municipal Utility District No. 1 Meeting Minutes ___________________________ James C. Thomas, President (Seal) ____________________________ Kevin R. Carr, Secretary ____________________________ Mary Moore, MUD Secretary TCMUD 1 Page 79 of 83 20 July 2011 17/14/2011 11:04 PMMary MooreSMTWT F S1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31August 2011SMTWT F S1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30September 2011August 2011MondayTuesdayWednesdayThursdayFridaySat/SunAugust 16:00pmCouncil (MUD Bd Rm)29:00amRoutine Staff Meeting(PS Conference Room)4:00pmPolice Chaplain Meeting (internal) (Police Training Room)347:00pmP&Z Commission (Council Chambers)7:00pmTCWC (PS Conference Room)563:00pmPark RFP rebid (SvoreMeeting Room)786:30pmEDC B (Svore Municipal Building Boardroom)99:00amRoutine Staff Meeting(PS Conference Room)7:00pmParks & Recreation Board (Svore Municipal Building Board Room)107:00amInternal Meeting (PS Conference Room)117:00amInternal Meeting (PS Conference Room)121314156:00pmCouncil (MUD Bd Rm)169:00amRoutine Staff Meeting(PS Conference Room)7:00pmTCMUD No.1 Meeting(Svore Municipal Buildling Board Room)1710:00amEAC (PS Conference Room)12:00pmCOURT (Svore Municipal Building Boardroom)187:00pmP&Z Commission (Council Chambers)19202122239:00amRoutine Staff Meeting(PS Conference Room)4:00pmTBD - ZBA (Svore Municipal Buildling Board Room)7:00pmCitizens Police Academy Alumni 24256:00pm Public Safety Advisory Committee (Internal) (Police Dept. Training Room)26272829309:00amRoutine Staff Meeting(PS Conference Room)31TCMUD 1Page 80 of 8320 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-53-M1 Name: Status:Type:M1 Closed Session Executive Session File created:In control:5/18/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:A. PURSUANT TO SECTION 551.071 (1) (A) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER OF PENDING OR CONTEMPLATED LITIGATION: Anticipated or threatened litigation against the District regarding personnel matters. Attachments: Action ByDate Action ResultVer. Title A. PURSUANT TO SECTION 551.071 (1) (A) OF THE TEXAS GOVERNMENT CODE REGARDING CONSULTATIONS WITH ATTORNEY, TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT'S ATTORNEY ON A MATTER OF PENDING OR CONTEMPLATED LITIGATION: Anticipated or threatened litigation against the District regarding personnel matters. TCMUD 1 Page 81 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-83-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:7/15/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:B. PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT’S ATTORNEY ON A MATTER OF CONTEMPLATED LITIGATION: In accordance with § 552.324 of the Texas Government Code, a potential lawsuit regarding Attorney General Order 2011-08982. Attachments: Action ByDate Action ResultVer. Title B. PURSUANT TO SECTION 551.071 OF THE TEXAS GOVERNMENT CODE TO CONDUCT A PRIVATE CONSULTATION WITH THE DISTRICT’S ATTORNEY ON A MATTER OF CONTEMPLATED LITIGATION: In accordance with § 552.324 of the Texas Government Code, a potential lawsuit regarding Attorney General Order 2011-08982. TCMUD 1 Page 82 of 83 20 July 2011 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12011-64-M1 Name: Status:Type:M1 Agenda Item Regular Session File created:In control:6/17/2011 Trophy Club Municipal Utility District No. 1 On agenda:Final action:7/20/2011 Title:Discuss and take appropriate action regarding Executive Session item(s). a. Anticipated or threatened litigation against the District regarding personnel matters. b. Potential lawsuit regarding Attorney General Order 2011-08982. Attachments: Action ByDate Action ResultVer. Title Discuss and take appropriate action regarding Executive Session item(s). a. Anticipated or threatened litigation against the District regarding personnel matters. b. Potential lawsuit regarding Attorney General Order 2011-08982. TCMUD 1 Page 83 of 83 20 July 2011