HomeMy WebLinkAbout2013-1217 - Order Terminating Further Evaluation of Proposal by Westlake and all Negotiations Related TheretoTROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
ORDER NO. 2013-1217
ORDER TERMINATING FURTHER EVALUATION OF PROPOSAL BY TOWN OF
WESTLAKE AND ALL NEGOTIATIONS RELATED THERETO
THE STATE OF TEXAS §
COUNTIES OF TARRANT AND DENTON §
WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is a duly created
and existing municipal utility district created and operating under Chapters 49 and 54 of the Texas
Water Code, as amended;
WHEREAS, by correspondence dated August 19, 2013, the Town ofW estlake ("Westlake")
proposed payment to the District in return for the transfer of District assets in the Solana area from
the District to Westlake, and for release of the Solana area from the District's taxing jurisdiction;
WHEREAS, the Board of Directors of the District previously retained J. Stowe & Company,
a professional financial consultant, to perform a financial analysis of the Westlake proposal. The
Board further appointed a Citizen's Advisory Committee to perform a financial analysis and to
evaluate the financial impact of the proposal on District customers. These analyses remain pending;
WHEREAS, on November 26, 2013, the District sent correspondence to Westlake
identifying a number of errors and omissions in the Westlake proposal, requested clarification of
certain terms ofthe proposal;
WHEREAS, Westlake has not yet responded to the District's November 26, 2013
correspondence;
WHEREAS, the District subsequently received a copy of correspondence from Westlake to
the Texas Commission on Environmental Quality ("TCEQ") dated November 22, 2013 relating to
the District's pending application for authorization to issue bonds to finance improvements to the
District's wastewater treatment plant project;
WHEREAS, in its correspondence, Westlake urges TCEQ to refer the District's application
to contested case hearing, or in the alternative, deny the District's application;
WHEREAS, the improvements are necessary in order for the District to comply with the
effluent limitations set forth in the District's wastewater permit and to ensure the District does not
discharge effluent that potentially adversely impacts health and safety, or the environment;
WHEREAS, any delay in issuance of bonds or construction of the wastewater treatment
plant potentially subjects the District to enforcement action by TCEQ; and
WHEREAS, in light of Westlake's egregious actions, the Board of Directors desires to
terminate further consideration of Westlake's proposal and all negotiations related thereto.
NOW THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF
TROPHLY CLUB MUNICIPAL UTILITY DISTRICT NO.1 THAT:
1. The facts and recitations found in the preamble of this Order are hereby found and
declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim.
2. The Board of Directors hereby orders that all further consideration ofthe Town of
Westlake's August 19, 2013 proposal be suspended until such time as Westlake
withdraws its protest with the Texas Commission on Environmental Quality.
3. The Board of Directors hereby orders that J. Stowe & Company suspend its
evaluation of the Westlake proposal until such time as Westlake withdraws its protest
with the Texas Commission on Environmental Quality.
4. All District employees, staff and officials are hereby ordered to discontinue any and
all negotiations with the Town of Westlake regarding transfer of Solana infrastructure
assets to Westlake or release of the Solana territory from the District's corporate
boundaries until such time as Westlake withdraws its protest with the Texas
Commission on Environmental Quality.
5. Upon approval and execution, a copy of this Order shall be retained in the permanent
records of the District.
PASSED AND APPROVED this the 17th day ofDecember, 2013.
Attest:
Kevin R. Carr, Secretary
Board of Directors