HomeMy WebLinkAbout2017-0725 Special Meeting Joint Session Agenda PacketTROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1
BOARD OF DIRECTORS
SPECIAL MEETING ‐ JOINT SESSION WITH
TOWN OF TROPHY CLUB TOWN COUNCIL
100 MUNICIPAL DRIVE
TROPHY CLUB, TEXAS 76262
July 25, 2017 8:00 p.m. Svore Municipal Boardroom
SPECIAL MEETING AGENDA
CALL TO ORDER AND ANNOUNCE A QUORUM
JOINT SESSION
1. Review of and take appropriate action regarding the Interlocal Cooperation Agreement for
Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club
Municipal Utility District No. 1.
attachments: Staff Report
Interlocal Cooperation Agreement for Administration of Fire Protection Svc.
Annual Report April 2017‐July 2017
Vehicle Maintenance and Certification Records
2016 Building Inspection Records
2017 Building Inspection Records
2. Consider and take appropriate action regarding the Fire Protection Services Fiscal Year 2018 budget.
attachments: Town of Trophy Club Fire Protection Svc. FY 2018 Budget
District Preliminary Fire Budget FY 2018
3. Receive an update from Fire Chief Wade Carroll regarding the Standard Operating Procedures for the
Fire Department.
attachments: Staff Report
Policy Acknowledgement Report
4. Consider and take appropriate action regarding an Amendment to Section 7.1, Retail Customer
Charge, Subsection (a) of the Amended and Restated Contract for Wholesale Water Supply and
Wastewater Treatment Services and Water and Wastewater Operational Services.
attachment: Revised – Amended Wholesale Water Supply and Wastewater Treatment Services
Contract.
ADJOURN
THE STATE OF TEXAS §
COUNTIES OF DENTON AND TARRANT §
THIS NOTICE CERTIFIES THAT ON FRIDAY, JULY 21, 2017, BY 6:30 P.M., THE MEETING AGENDA OF TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1, BOARD OF DIRECTORS SPECIAL MEETING TO BE HELD ON
TUESDAY, JULY 25, 2017 AT 8:00 P.M., WAS POSTED ON THE FRONT WINDOW OF TROPHY CLUB
MUNICIPAL UTILITY DISTRICT NO. 1 ADMINISTRATION BUILDING, 100 MUNICIPAL DRIVE, TROPHY CLUB,
Trophy Club Municipal Utility District No. 1 1 of 227 July 25, 2017 Special Session Joint Meeting
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TEXAS, WHICH IS A PLACE CONVENIENT TO THE PUBLIC AND WITHIN THE BOUNDARIES OF THE DISTRICT
AND NOTIFICATION WAS POSTED TO THE DISTRICT WEBSITE, IN ACCORDANCE WITH SECTION 49.063 OF
THE WATER CODE AND SECTION 551.054 OF THE TEXAS GOVERNMENT CODE, AS AMENDED.
_______________________________
LAURIE SLAGHT, DISTRICT SECRETARY
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To: Mayor and Town Council
From: Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Administration of Fire Department Services
Joint Session Meeting, July 25, 2017
Agenda Item:
Review of and take appropriate action regarding the Interlocal Cooperation Agreement for
Administration of Fire Protection Services between the Town of Trophy Club and the Trophy
Club Municipal Utility District No. 1 (Town Council).
Explanation:
The Interlocal Agreement between the Trophy Club Municipal Utility District (TCMUD) No. 1
and the Town of Trophy Club for the Administration of Fire Department Services requires that
the Fire Department provide proof of performance in the form of an annual audit checklist,
Attachment “B”, to ensure the readiness and proper maintenance of TCMUD No. 1 owned
assets. The agreement requires a single report submitted by the Fire Department annually
after the end of the fiscal year. Interim Fire Chief Rick Lasky submitted a preliminary report in
April of 2017. The documentation attached includes an updated Attachment “B” Annual Report
and supportive documentation to be reviewed as part of this agenda item. The final report will
be submitted during the month of October 2017 with subsequent reports being submitted only
on an annual basis.
Attachments:
• Interlocal Cooperation Agreement for Administration of Fire Protection Services
• Attachment B - Annual Report
• Vehicle Maintenance and Certification Records
• 2016 Building Inspection Records
• 2017 Building Inspection Records
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INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
THIS AGREEMENT is made and entered into this 19th day of September, 2016,
by and between Trophy Club Municipal Utility District No. 1, a district created
pursuant to Section 59, Article XVI, Texas Constitution and the Texas Water Code,
Chapter 54 hereinafter referred to as "District", and the Town of Trophy Club, a home
rule municipal corporation, hereinafter referred to as "Town".
WITNESSETH :
WHEREAS, District is a duly organized political subdivision of the State of Texas
engaged in the administration of fire protection and related services for the benefit of
those persons residing, traveling within, or being physically located within the
boundaries of District, which boundaries include, without limitation, portions of the
incorporated and unincorporated limits of the Town of Trophy Club, Texas; and
WHEREAS, District and Town operate pursuant to the 2008 Interlocal
Cooperation Agreement for Fire Protection Services as amended by the First
Amendment to 2008 Interlocal Cooperation Agreement for Fire Protection Services
hereinafter collectively "2008 ILA for Fire Protection Services") and District provides
firefighting services to residents of the Trophy Club Public Improvement District No. 1
hereinafter also referred to as "PID"); and
WHEREAS, the PID pays their part of the fire expenditures through an
assessment from the Town; and
WHEREAS, the provision of Fire Functions is a governmental function that
serves the public health and welfare, promotes efficiency and effectiveness of local
governments, and is of mutual concern to the contracting parties; and
WHEREAS, District is individually authorized to perform Fire Functions pursuant
to Section 49.351 of the Texas Water Code and the Town is individually authorized to
perform Fire Functions pursuant to its police powers and the parties desire to enter into
this Agreement regarding the performance of Fire Functions; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, et seq., as amended (the "Act") provides authority for governmental entities of the
State of Texas to enter into interlocal agreements with each other regarding
governmental functions and services as set forth in the Act;
WHEREAS, Town and District have determined it necessary and appropriate to
enter into a new agreement for the operation of Fire Protection Services superseding
the 2008 ILA for Fire Protection Services; and
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NOW, THEREFORE, District and Town, for and in consideration of the recitals
set forth above and terms and conditions below, agree as follows:
1.
Incorporation /Term
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Agreement.
1.2 Term. This Agreement shall become effective upon approval by each of the
respective governing bodies of Town and District and upon execution by their respective
authorized representatives, and shall remain in effect for an initial trial period of five (5)
years, commencing October 1, 2016 and terminating on September 30, 2021. The
parties shall have a joint meeting to review the agreement in July 2017. Upon expiration
of any five (5) year term, this agreement shall automatically be extended for an
additional five (5) year term unless written notice of nonrenewal is given in accordance
with Section X.
II.
Definitions
2.1 As used herein, the words and phrases hereinafter set forth shall have the
meanings as follows:
A. "Eligible Persons" shall mean those persons residing, traveling within, or being
physically located within the corporate boundaries of the Town of Trophy Club,
Texas and/or District, including without limitation both incorporated an
unincorporated areas, and shall also include those persons residing, traveling within,
or being physically located within the corporate boundaries of another political
subdivision of the State of Texas with whom Town and/or District have a mutual aid
agreement to provide fire protection services and those persons located within the
fire district as designated by Denton County and accepted by Town and/or District.
B. "Emergency Medical Services" shall mean any and all of the customary and
usual activities of trained paramedics providing emergency health care services,
C. "Fire-fighting Activities", "Fire Protection Services", or "Fire Functions" shall
mean any and all of the customary and usual activities of a fire department, including
fire suppression, fire prevention, training, safety education, maintenance,
communications, photography, and administration.
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III.
Budget and Funding
3.1 Budget and Funding
A. Budget Preparation: Town shall prepare a budget for Fire Protection Services and
present that budget to the Town Council and District for approval at a joint meeting
before August 1 of each year. Both parties shall approve the contractual budget by
August 15 of each year. Budget amendments requiring additional funding shall be
submitted for approval to both Town Council and District. This Agreement does not
impact the authority of District to set the appropriate tax rate for District
In order to facilitate a level emergency services assessment for the Trophy Club
Public Improvement District pursuant to the annual Service and Assessment Plan or
SAP" and District Fire Tax, District shall provide outstanding debt, lease and
reserve reimbursement obligations as illustrated in Attachment "A" to this
Agreement. Changes and/or updates to Attachment "A" shall be provided to Town
prior to June 30 of each year of this Agreement, and any renewal term.
B. Funding: District and Town shall share the funding of all costs associated with Fire
Protection Services provided to Eligible Persons as defined herein, pursuant to the
approved Budget and in accordance with the terms of this Agreement. Such funding
shall be accomplished as follows:
1) District shall fund 50% of all costs associated of personnel providing Fire
Protection Services provided to Eligible Persons as defined herein, in
accordance with the terms of the Town approved Budget through the
assessment and collection of an annual Fire Tax on the property owners of
District.
2) District shall fund 100% of all costs of services and supplies associated with Fire
Protection Services and services associated with operating the Fire Department
in accordance with the terms of the Town approved Budget through the
assessment and collection of an annual Fire Tax on the property owners of
District.
3) District shall fund 100% of all fire capital replacement costs through an annual
capital replacement contribution as defined herein, in accordance with the terms
of the approved Fire Budget through the assessment and collection of an annual
Fire Tax on the property owners of District.
4) The Town shall fund all costs associated with Fire Protection Services to Eligible
Persons by an annual assessment on and collection from Eligible Persons
owning real property and improvements thereon located within the Town but not
within District and levied in accordance with the Public Improvement District Act,
Chapter 372 of the Texas Local Government Code, as amended; such
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assessment shall be adopted by Town Council through the approval of the
Annual Service and Assessment Plan for Authorized Services for the Trophy
Club Public Improvement District No. 1. If the beneficial assessment determined
in the SAP (Service and Assessment Plan) is an amount different from the fire
tax of District, the Parties agree to negotiate the reconciliation of the difference.
5) District shall continue to pay all outstanding debt obligations incurred and existing
prior to the commencement of the contract term.
6) Budget overages or shortages shall be applied proportionally during the months of
April to September of the current budget year.
C. Payment: Payments from the District for the purpose of Fire Protection Services
shall be paid to the Town on a monthly basis. The monthly payments shall constitute
the entirety of the annual contract divided by twelve (12) months, minus total PID
assessment fee for Fire Protection services, beginning on October 31 and
concluding on September 30 of each fiscal year of the term of the Agreement, and
thereafter for each successive year in which this Agreement is in effect. Payments
will become past due fifteen (15) business days after the established due date. The
total amount of existing fire protection debt service shall be netted out.
IV.
Operational Obligations and Rights of the Parties
4.1 District Obligations and Rights:
District shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties in full compliance with the
terms and conditions of this Agreement.
4.2 Town Obligations and Rights:
A. Upon the effective date of this Agreement, Town shall be responsible for providing
Fire Protection Services to Eligible Persons, including but not limited to assuming full
responsibility for the operational control and management of Fire Protection
Services, previously under the control and direction of District. The Town's
responsibilities hereunder shall include, without limitation, the control, and
management of all personnel as more specifically set forth in Section VI and all
policy and personnel matters related to and arising out of providing Fire Protection
Services and the obligations specifically assumed hereunder.
B. Town, acting through its Town Manager or designees, shall oversee the daily
operations of Fire Protection Services.
C. The officers and employees of Town shall perform all duties and responsibilities of
the District necessary to render Fire Protection Services to all Eligible Persons.
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D. It shall be the responsibility and duty of Town, its officers and employees, within the
sole discretion of such officers and employees, to determine priorities in the
dispatching and use of such equipment and personnel to perform Fire Functions
under this Agreement.
E. Town shall have the authority to enter into mutual aid agreements on behalf of
District and Town to provide Fire Protection Services as deemed appropriate by
Town. The term of such agreements shall run concurrently with the term of this
Agreement and shall terminate upon termination of this Agreement.
F. Town shall perform all of its duties and obligations as herein stated and shall devote
sufficient time and attention to the execution of such duties provided on behalf of
District in full compliance with the terms and conditions of this Agreement and shall
provide immediate and direct supervision of employees, agents, contractors, sub-
contractors and/or laborers, if any, in the furtherance of the purposes, terms and
conditions of this agreement for the mutual benefit of Town and District.
G. Town will provide an annual report regarding status and maintenance of fire station,
engine/pumper, brush truck, and ladder truck. Additionally, Town will continue to
meet and/or exceed the requirements set by the NFPA and TCFP.
H. District may hire Fire Auditors of their choice to review physical Fire Department
assets and operator practices on an annual basis for benefit of District and Town;
audit may occur during the month of April. (See Attachment "B"). All Auditors fees
will be paid by the District.
I. The Town shall provide the District timely notice of any accident, damage,
dangerous or defective condition relating to District assets under this agreement.
V.
Assets
5.1 Ownership. Prior to the commencement of this agreement, all assets owned or
directly purchased by District utilized for Fire Protection Services shall remain the
property of District. This Agreement does not affect right, title or interest to such
property. All assets owned or directly purchased by Town utilized for Fire Protection
Services shall remain the property of the Town. This Agreement does not affect right,
title, or interest to such property.
5.2 Ownership Upon Termination. Upon termination of this Agreement, each party
shall retain ownership of assets purchased with its respective funds unless both Town
and District elect to negotiate terms to transfer ownership to the other party.
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VI.
Employee Supervision and Organization
6.1 Control and Oversight. Town shall have control and oversight over Fire
Protection Services and control and oversight over Emergency Medical Services. Town
shall have exclusive authority to establish Standard Operating Procedures for Fire/EMS
Protection Services. (hereinafter collectively," SOPs").
6. 2 Benefits and Human Resources Services. In accordance with Town personnel
policies, Town shall provide benefits and human resources services to all eligible
employees providing Fire Protection Services. DISTRICT shall provide funding as set
forth in Subsection 3.1(B). The Parties understand and agree that on and after the
effective date of this Agreement, all employees providing Fire Protection Services shall
be Town employees and shall be solely subject to Town personnel policies and SOPs.
VII.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is found in
the Payments Made pursuant to Section III of this Agreement and in the cross promises
set forth above and other good and valuable consideration. District's agreement to fund
Fire Functions as provided in Section III above in exchange for Town's agreement to
oversee and manage Fire Functions for Eligible Persons as provided in Section IV
above, shall serve as sufficient consideration under this Agreement. Each party hereto
paying for the performance of governmental functions or services shall make such
payments from current revenues legally available to the paying party. Each party further
agrees that it is fairly compensated for the services or functions performed under the
terms of this Agreement
VIII.
Negligence of Parties/Insurance
8.1 Town Negligence/Insurance. Town shall be responsible for its sole negligence.
Town agrees to and accepts full responsibility for the acts, negligence, and/or omissions
of all Town's officers, employees, and agents acting under its direction. Town shall
provide liability insurance to cover the acts and omissions of Town, its officers,
employees, and agents performing obligations under this agreement, including but not
limited to all personnel providing Fire Protection Services.
8.2 District Negligence/Insurance. District shall be responsible for its sole
negligence. District agrees to and accepts full responsibility for the acts, negligence,
and/or omissions of all District's officers, employees, and agents acting under its
direction. District shall maintain general liability insurance to cover District owned or
leased assets. District shall provide liability insurance to cover the acts and omissions of
District, its officers, employees, and agents performing obligations under this
Agreement.
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Ix.
Immunity
The fact that Town and District accept certain responsibilities relating to the rendering of
Fire Protection Services under this Agreement as part of their responsibility for providing
protection for the public health makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the extent possible under
the law. Neither Town nor District waives any immunity or defense that would otherwise
be available to it against claims arising from the exercise of governmental powers and
functions.
X.
Default /Termination
In the event that either party hereto breaches any term or condition of this Agreement,
this Agreement may be terminated by the aggrieved party if such default is not cured
within a period of one hundred eighty (180) days after receipt of written notice of default
by the party allegedly in breach of its obligations hereunder. At the option of the
aggrieved party, if such default is not cured within the one hundred eighty (180) day
period, this Agreement shall immediately terminate without further notice, unless an
extension is mutually agreed and approved by both Town and District.
Xl.
Entire Agreement
This Agreement represents the entire and integrated agreement between Town and
District and supersedes all prior negotiations, representations, and/or agreements,
either written or oral. This Agreement may be amended only by written instrument
signed by both parties.
XII.
Venue
The laws of the State of Texas shall govern this Agreement and each of its terms and
provisions, including but not limited to the rights and duties of the parties hereto, and
exclusive venue shall be in Denton County, Texas.
XIII.
Severability
In the event that any portion of this Agreement shall be found to be contrary to law, it is
the intent of the parties hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
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XIV.
Non-Waiver
All rights, remedies, and privileges permitted or available to either party under this
Agreement or at law or equity shall be cumulative and not alternative, and election of
any such right, remedy, or privilege shall not constitute a waiver or exclusive election of
rights, remedies or privileges with respect to any other permitted or available right,
remedy or privilege. Additionally, one instance of forbearance by the either party in the
enforcement of any such right, remedy or privilege against the other party, shall not
constitute a waiver of such right, remedy or privilege by the forbearing party. A default
by either party under this Agreement shall not result in a forfeiture of any rights,
remedies, or privileges under this Agreement by such defaulting party.
XV.
ANNUAL FINANCIAL AUDIT
Town shall provide any documents requested by auditors of District no later than
November 30 of each year.
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Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly authorized
officials and have the necessary authority to execute this agreement on behalf of the
parties hereto and each party hereby certifies to the other that any necessary
resolutions extending such authority have been duly passed and are now in full force
and effect.
EXECUTED in duplicate originals. The effective date of this Agreement shall
be L`c1, 2016.
TOWN OF TRP#-1= TE AS
By:
Name: C. Nick Sanders
Title: Mayor
O Py ate:
ATTEST: A
By:
Name: Holl Fimbi-s Aim m
Title: Town Secreta / RM®
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TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By: tf C-------
Name: Kevin R. Carr
Title: President
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Date: r 1,-4.
By:
Name.James Hase
Title: Secretary/Treasurer
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Page 8 of 12Trophy Club Municipal Utility District No. 1 12 of 227 July 25, 2017 Special Session Joint Meeting
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ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the V(1 day of
Y.rrtDtf , 2016 by C. Nick Sanders, Mayor of the TOWN OF TROPHY
CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation
o<,re-.
HOLLY FPublici,re- I Notary Public
s'`,,,.,,
I SISTATEOFTEXAS
Mrc°"n'.7n5rlots NotaryPubii in and for the State of Texas
STATE OF TEXAS
COUNTY OF DENTON §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 19-'14dayof
MU
eby 2016 by Kevin Carr, President of the TROPHY CLUB
CIPAL UTILITY DISTRICT NO. 1, district, on behalf of such corporation
t
LAURIE SLAGHT ilt
i?El
Notary Public,State of Texas 4,00
comm.Expires 01-19-2020 ary Public in and or 4 State of Texas
o„
rou a: ; Notary ID 128720534
Page 9 of 12
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Attachment "A"
Trophy Club MUD - Fire Department Debt
Reimbursement Ladder Truck
Fiscal Year Fire Station Bond Reserve Lease Total
2017 148,658 $ 68,096 $ 127,149 $ 343,903
2018 150,858 68,096 127,149 346,103
2019 147,883 68,096 127,149 343,128
2020 149,908 68,096 127,149 345,153
2021 151,758 68,096 127, 149 347,003
2022 153,433 68,096 127,149 348,678
2023 153,433 68,096 221,529
2024 153,183 68,096 221,279
2025 152,683 68,096 220,779
2026 148,083 68,096 216,179
2027 153,368 68,096 221,464
2028 153,243 68,096 221,339
2029 152,783 68,096 220,879
2030 152,113 68,096 220,209
2031 151,163 68,096 219,259
Total 2,272,550 $1,021,440 $ 762,894 $4,056,884
Page 10 of 12
Trophy Club Municipal Utility District No. 1 14 of 227 July 25, 2017 Special Session Joint Meeting
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Attachment "B"
Trophy Club Municipal Utility District No. 1
Fire Department Assets and Operator Practices Annual Audit Checklist
1. Standard Operating Procedures (SOP) — Meet or exceed all requirements of
Town SOP's for Fire Department.
2. Annual Inspection of all Fire Department Vehicles:
a. Ladder, Pumper and Brush Truck records of maintenance: including a
full operational inspection once a year by a manufacturer approved
facility (e.g. Pierce in Denton)
3. Hose annual pressure testing documentation as required by the National
Fire Protection Association standards (NFPA).
4. Air Packs Self Contained Breathing Apparatus (SCBA) as required.
Manufacturer guidelines of the National Fire Protection Association
standards (NFPA).
5. Radio communications will be checked. and kept current with technology
and operational requirements as appropriate
6. Training records including all certification documents required per local,
state and federal and National Fire Protection Association standards
7. Meet or exceed all requirements of fire plan approved by the Texas
Commission on Environmental Quality (TCEQ).
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1
INTERLOCAL COOPERATION AGREEMENT
FOR ADMINISTRATION OF FIRE PROTECTION SERVICES
Attachment "B" Annual Report
“Town will provide an annual report regarding status and maintenance of fire station,
engine/pumper, brush truck, and ladder truck. Additionally, Town will continue to
meet and/ or exceed the requirements set by the NFPA and TCFP.”
(October 1, 2016 – July 25, 2017)
**Note: This is an update to the report filed with the TCMUD on April 1, 2017 and includes
required documentation for the final annual report that will be submitted on September 30,
2017. From this point forward only an annual report will be filed as per the ILA.
Submitted by: Fire Chief Wade Carroll
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2
Attachment "B"
Trophy Club Municipal Utility District No. 1
Fire Department Assets and Operator Practices Annual Audit Checklist
1. Standard Operating Procedures (SOP) — Meet or exceed all requirements of Town SOP’s for
Fire Department.
2. Annual Inspection of all Fire Department Vehicles:
a. Ladder, Pumper and Brush Truck records of maintenance: including a full operational
inspection once a year by a manufacturer approved facility (e. g. Pierce in Denton)
3. Hose annual pressure testing documentation as required by the National Fire Protection
Association standards (NFPA).
4. Air Packs Self Contained Breathing Apparatus (SCBA) as required. Manufacturer guidelines of
the National Fire Protection Association standards (NFPA).
5. Radio communications will be checked and kept current with technology and operational
requirements as appropriate.
6. Training records including all certification documents required per local, state and federal
and National Fire Protection Association standards.
7. Meet or exceed all requirements of fire plan approved by the Texas Commission on
Environmental Quality (TCEQ).
Trophy Club Municipal Utility District No. 1 17 of 227 July 25, 2017 Special Session Joint Meeting
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3
1. Standard Operating Procedures (SOP) — Meet or exceed all requirements of Town SOP’s
for Fire Department.
Action:
The Trophy Club Fire Department completed a revision and distributed the departmental
Standard Operating Procedures (SOPs) on July 14, 2017. SOPs were approved by the Town
Manager and SOPs meet or exceed all SOP requirements of the Town for the Fire Department.
The SOPs were distributed using Lexipol and 94% of fire department members have
acknowledged receipt of the SOPs. (one member on vacation) All members have access to the
SOPs on and off duty through the Lexipol system.
______________________________________________________________________________
2. Annual Inspection of all Fire Department Vehicles:
a. Ladder, Pumper and Brush Truck records of maintenance: including a full
operational inspection once a year by a manufacturer approved facility (e. g. Pierce in
Denton)
Action:
All service, repairs and maintenance was performed by Siddons Martin Emergency Group, 3500
Shelby Lane, Denton, Texas 76207. Siddons Martin Emergency Group is the only authorized
sales and service group for the State of Texas for Pierce Fire Apparatus. Siddons Martin
Emergency Group employees are factory trained, EVT and ASE certified technicians.
2015 Pierce Arrow XT HD 105 Ladder Truck (T681) Annual Preventative Maintenance
Major Preventative Maintenance was performed on October 28, 2016 which included a 104
Point Visual Inspection report identifying needed/ recommended repairs. Service performed
included changing engine oil, oil filter, fuel filter, transmission fluid and filter, pump fluid,
coolant filter. A test of coolant, an inspection of the differential fluid, the air dyer, power
steering fluid, a wheel off brake inspection and complete chassis lubrication.
Aerial Device Maintenance was performed which includes cleaning and lubricating all ladder
points. Adjust ladder cables, change filter element, hydraulic filter, and aerial desiccant filter,
top off hydraulic fluid and perform drift test on all cylinders. Operate and inspect all ladder
appliances
Pump Test was performed in accordance with NFPA standards which includes a visual
inspection report identifying needed/ recommended repairs. No issues found.
Foam Maintenance was performed which includes draining foam hydraulic tank, change filter
and check for leaks. Foam to pump connection leak was repaired.
Generator Maintenance was performed which includes hydraulic oil, hydraulic oil filter and
make frequency adjustment.
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4
T681 Repairs
The Fire Department has maintained the readiness of T681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
needs. Year to date, the fire department has spent $4937.64 in the maintenance and repairs of
the truck. Preventative maintenance and repair invoices are attached.
2007 Pierce Arrow XT Engine/Pumper (E681) Annual Preventative Maintenance
Major Preventative Maintenance was performed on December 13, 2016 which included a 104
Point Visual Inspection report identifying needed/ recommended repairs. Service performed
included changing engine oil, oil filter, fuel filter, transmission fluid and filter, pump fluid,
coolant filter. A test of coolant, an inspection of the differential fluid, the air dyer, power
steering fluid, a wheel off brake inspection and complete chassis lubrication.
The Pump Test was performed in accordance with NFPA standards which includes a visual
inspection report identifying needed/ recommended repairs. Repairs needed and completed
included pump packing leak, discharge valve leak and pump transmission input shaft seal leak.
Compressed Air Foam System Test was performed which included a visual inspection report
identifying needed/ recommended repairs. Service performed included changing hydraulic
filter, foam filter, air filter, compressor oil filter, and oil separator. Hydraulic solenoid leak was
repaired. Foam Maintenance was performed which includes draining foam hydraulic tank,
change filter and check for leaks. Foam to pump connection leak was repaired.
Generator Maintenance was performed which includes engine oil, oil filter, and spark plug.
E681 Repairs
The Fire Department has maintained the readiness of E681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
needs. Year to date, the fire department has spent $19,200.57 in the maintenance and repairs
of the engine. Preventative maintenance and repair invoices are attached.
2011 Ford F550 Brush Truck (B681) Annual Preventative Maintenance
Ford Diesel Multi-Point Inspection was performed on March 14, 2017 by Grapevine Ford.
Service performed included changing engine oil, oil filter, and coolant.
Pump maintenance was performed on October 13, 2016 by Wildfire Truck & Equipment Sales.
Service performed included changing engine oil, oil filter, fuel filter, air filter, fuel primer bulb,
and pre air filter.
B681 repairs
The Fire Department has maintained the readiness of B681 through daily and weekly inspection
programs that ensure the operability of major vehicle components and identify any repair
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needs. Year to date, the fire department has spent $4002.51 in the maintenance and repairs of
the brush truck. Preventative maintenance and repair invoices are attached.
Aerial Ladder and Ground Ladder Testing
Aerial and Ground Ladder testing was performed on February 3, 2017 by CFS Inspections. CFS
Inspections is accredited to the requirements of ISO/ICE 17020 for Aerial and Ground Ladders
and complies with all NFPA standards. All testing was conducted in accordance with NFPA
1911 for aerials and NFPA 1931 for ground ladders. All ladders passed testing.
______________________________________________________________________________
3. Hose annual pressure testing documentation as required by the National Fire Protection
Association standards (NFPA).
Action:
Hose testing was performed on October 20, 2016 by Waterway Inc. Waterway Inc. is ISO 9001
Certified. All hose was tested in accordance with NFPA 1962 and passed.
______________________________________________________________________________
4. Air Packs Self Contained Breathing Apparatus (SCBA) as required. Manufacturer guidelines
of the National Fire Protection Association standards (NFPA).
Action:
SCBA Testing
All SCBA were tested on February 13, 2017 by Municipal Emergency Services (MES). MES is an
authorized sales and service group for the State of Texas for Scott brand SCBA. Testing was
conducted in accordance with NFPA 1852. 13 SCBAs and 2 RIT (Rapid Intervention Team) Paks
were flow tested. One SCBA failed flow testing. Repairs were made to the failed SCBA and said
SCBA passed subsequent testing.
Annual SCBA Mask Fit Testing
SCBA Fit Tests check whether an SCBA facepiece properly fits the face of the Firefighter who
wears it. The fitting characteristic of an SCBA facepiece is the ability of the mask to separate a
Firefighter's respiratory system from ambient air during physical activity.
The fire department purchased and received new SCBA masks on April 28, 2017. The new
masks have been put in service and fit testing for all employees are scheduled for August 1,
2017. All masks received an informal seal test by each firefighter at time of issuance.
SCBA Air Fill Cascade System
Cascade System preventative maintenance was performed on March 9, 2017 by August
Industries Inc. August Industries Inc. is an authorized sales and service center for Bauer
Cascade System for the State of Texas. Service performed included changing the oil, oil filter,
air intake element, secures cartridge, o-ring, and a before and after service air test. Quarterly
air testing is performed by August Industries Inc. in accordance with the Texas Commission on
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Fire Protection (TCFP) and NFPA 1989 and was performed on the following dates; December 13,
2016, March 9, 2017, March 9, 2017, June 27, 2017.
______________________________________________________________________________
5. Radio communications will be checked and kept current with technology and operational
requirements as appropriate.
Action:
All radio communications equipment utilized by the Trophy Club Fire Department is current and
operational. No radios have been found to be in need of repair.
______________________________________________________________________________
6. Training records including all certification documents required per local, state and federal
and National Fire Protection Association standards.
Action:
All training records for Trophy Club Fire Department personnel including certifications are
current, recorded in our records management system and in accordance with local, state,
federal and National Fire Protection Association standards. All members’ fire and EMS
certifications are current and a listing of certification renewal dates is attached.
______________________________________________________________________________
7. Meet or exceed all requirements of fire plan approved by the Texas Commission on
Environmental Quality (TCEQ).
Action:
The Trophy Club Fire Department fire plan meets and exceeds the requirements set by the
Texas Commission on Environmental Quality.
After contacting Daniel Harrison, Natural Resource Specialist, at the TCEQ on April 13, 2017 it
was discovered that the TCEQ no longer requires a “Fire Plan” to be filed for the TCMUD but
will require a copy of the ILA. The ILA regarding the Town’s oversight and management of the
fire department’s operations (ex. Budget, personnel, apparatus, equipment, etc.) and the
requirement that the fire department is bound by the rules, regulations and standards set by
the Texas Commission on Fire Protection negates the need for a “Fire Plan” to be registered
with the TCEQ. TCEQ Fire Plans is a requirement for Districts that have the sole responsibility
for managing a fire department.
______________________________________________________________________________
Fire Station Safety Inspection Program
Beginning in November of 2016 the Trophy Club Fire Department implemented a Fire Station
Safety Inspection Program. This program ensures that the Fire Station is inspected monthly.
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The Fire Station Safety Inspection Program consists of a 48 point inspection that is completed
before the end of each month. Any repairs, hazards and/or deficiencies are addressed to
ensure a safe working environment for fire department employees and visitors. The
inspections include identifying routing safety hazards, all NFPA/IFC commercial business
required life safety codes and the proper functioning of all the building systems.
The program is designed to reduce unnecessary repairs and/or injuries. Repairs noted on the
last page (Exception November where none were noted) are addressed by fire personnel
assigned to buildings and grounds maintenance.
A copy of the Fire Station Safety Inspection form is kept on the Safety Bulletin Board located in
the Day Room/ Kitchen area of the Fire Station. Inspections performed from November
through the end of June are attached.
Attachments:
1. Vehicle Maintenance Invoices
2. Aerial Ladder Testing Certificate
3. Ground Ladder Testing Certificate
4. Hose Testing Certificate
5. Air Pack Testing
6. Cascade System Annual Maintenance
7. Cascade System Air Quality Testing
8. Training Certifications Expiration Dates
9. Monthly Station Safety Inspections
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FUND DEPARTMENT
01 GENERAL FUND 256 FIRE
LINE ITEM DETAIL
LINE ITEMS FY 2017 BUDGET PROPOSED 2018
50100 SALARIES - REGULAR 551,224$ 558,792$
50130 SALARIES - OVERTIME 50,237 50,122
50140 SALARIES - LONGEVITY 5,618 5,879
50145 SALARIES - STIPEND - -
50160 SALARIES - CERTIFICATION 5,400 4,950
51200 RETIREMENT 80,434 81,248
51210 MEDICAL INSURANCE 68,414 85,723
51215 DENTAL INSURANCE 4,797 4,285
51216 VISION INSURANCE 479 433
51218 LIFE INSURANCE AND OTHER 3,684 3,746
52220 SOCIAL SECURITY TAXES 37,974 37,565
52225 MEDICARE TAXES 8,881 8,785
52250 UNEMPLOYMENT TAXES 1,467 1,424
52260 WORKMAN'S COMPENSATION 9,969 10,139
52290 PRE-EMPLOYMENT PHYSICALS/TESTING 8,785 4,600
53240 TUITION REIMBURSEMENT 1,300 5,075
PERSONNEL TOTAL 838,663$ 862,766$
60100 PROFESSIONAL OUTSIDE SERVICES 6,600$ -$
60800 SOFTWARE AND SUPPORT 2,506 6,943
63200 ADVERTISING 500 500
63250 PRINTING 495 250
63551 SCHOOLS AND TRAINING 7,880 15,670
64000 ELECTRICITY 6,673 8,140
64100 WATER 1,200 4,648
64300 TELEPHONE 50 -
64400 COMMUNICATIONS /PAGERS/MOBILES 10,851 13,245
65000 INSURANCE 16,513 -
65200 BUILDING MAINTENANCE 12,000 16,750
65300 VEHICLE MAINTENANCE 20,000 46,000
65350 EQUIPMENT MAINTENANCE 23,370 17,240
66250 EMERGENCY MANAGEMENT 1,000 1,000
66500 DISPATCH - DENTON COUNTY 5,700 2,723
68100 DUES AND MEMBERSHIP 15,582 19,295
68190 FLAGS AND REPAIRS 3,050 3,500
68200 TRAVEL AND PER DIEM 4,081 7,066
68700 SAFETY PROGRAM - -
69110 INSPECTION FEES 500 -
70100 OFFICE SUPPLIES 500 250
70200 PRINTER SUPPLIES - 1,400
70300 POSTAGE 50 50
70400 PUBLICATIONS/BOOKS/SUBSCRIPTIONS 350 350
71000 FUEL 21,111 13,613
72100 UNIFORMS 31,140 6,687
72220 PHARMACY - -
72300 SAFETY EQUIPMENT/PROTECTIVE CLOTHING - 30,200
78400 SMALL EQUIPMENT 17,050 5,000
78600 HARDWARE 750 1,100
79100 MAINTENANCE SUPPLIES 1,500 1,500
79999 MISCELLANEOUS EXPENSE 1,000 6,000
83700 CAPITAL EXPENSES 45,836 -
87100 PROGRAMS AND SPECIAL PROJECTS 7,500 13,750
SERVICES/SUPPLIES TOTAL 265,338.00$ 242,869.73$
01-256 TOTAL 1,104,001.00$ 1,105,635.73$
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TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ‐ FIRE DEPARTMENT
DRAFT FY 2018 BUDGET
FIRE DEPARTMENT
Account Description FY 2016 FY2017 Adopted FY2017 Town FY 2018 YTD Total
Budget Fire Budget Amended Proposed thru 6/30/17
Revenues‐Town
122‐40001‐000‐000 Assessment ‐ Emerg Svcs 403,838 472,439 489,475 SEE SCHEDULE TAX_ASSESS
122‐40003‐000‐000 Emer Svcs Assessmen/Delinquent 346 ‐ ‐
122‐40015‐000‐000 Property Taxes/Assessments P&I ‐ 750 ‐
122‐42014‐000‐000 Fire Permits/Sprinkler 5,200 5,000 100
122‐43400‐000‐000 Fire Inspections 1,075 825 ‐
122‐43415‐000‐000 Denton/Tarrant Cty Pledge‐Fire 10,000 10,000 16,000
122‐49026‐000‐000 Proceeds from Sale of Assets 60,000 ‐ ‐
Revenues‐MUD
122‐40001‐000‐000 Assessment‐Emerg Svcs Reimb from Town 112
122‐40010‐000‐000 Property Taxes/MUD Fire 875,978 1,035,810 1,045,584 1,029,872 SEE SCHEDULE TAX_ASSESS
122‐40011‐000‐000 Property Taxes/Fire‐Delinquent 18,076 ‐ ‐ 2,874
122‐40020‐000‐000 Property Taxes/Fire P&I 7,621 4,500 ‐ 3,542
122‐49036‐000‐000 GASB Reserves 36,182 ‐ ‐ ‐
122‐49900‐000‐000 Miscellaneous Income 11,100 ‐ ‐ 149
Total 1,429,416 1,529,324 ‐ 1,551,159 1,036,549
Expenses‐Town
122‐50005‐045‐000 Salaries & Wages 511,904 551,224 551,224 558,792
122‐50010‐045‐000 Overtime 58,952 50,237 50,237 50,122
122‐50011‐045‐000 Holiday Pay 14,718 ‐ ‐ ‐
122‐50016‐045‐000 Longevity 5,730 5,618 5,618 5,879
122‐50017‐045‐000 Certification 4,740 5,400 5,400 4,950
122‐50020‐045‐000 Retirement 71,888 80,434 80,434 81,248
122‐50026‐045‐000 Medical Insurance 56,876 68,414 68,414 85,723
122‐50027‐045‐000 Dental Insurance 5,016 4,797 4,797 4,285
122‐50028‐045‐000 Vision Insurance 968 479 479 433
122‐50029‐045‐000 Life Insurance & Other 4,016 3,684 3,684 3,746
122‐50030‐045‐000 Social Security Taxes 32,993 37,974 37,974 37,565
122‐50035‐045‐000 Medicare Taxes 7,714 8,881 8,881 8,785
122‐50040‐045‐000 Unemployment Taxes 2,125 1,467 1,467 1,424
122‐50045‐045‐000 Workman's Compensation 9,379 9,969 9,969 10,139
122‐50060‐045‐000 Pre‐employment Physicals/Test 54 700 700 4,600
122‐50075‐045‐000 Tuition Reimbursement ‐ 1,300 1,300 5,075
122‐55030‐045‐000 Software & Support 5,561 8,206 2,506 6,943
Denton County Dispatch 5,700
122‐55045‐045‐000 Legal 6,560 6,600 ‐ ‐
122‐55080‐045‐000 Maintenance & Repairs/Equipment 54,653 21,370 23,370 17,240
122‐55085‐045‐000 Generator Maintenance & Repairs ‐ 2,000 ‐ ‐
122‐55090‐045‐000 Vehicle Maintenance 14,808 20,000 20,000 46,000
122‐55160‐045‐000 Professional Outside Services 2,744 ‐ 6,600 2,723
122‐60005‐045‐000 Telephone 59 50 50 ‐
122‐60010‐045‐000 Communications/Mobiles 6,835 8,931 10,851 13,245
122‐60020‐045‐000 Electricity/Gas 5,686 6,673 6,673 8,140
122‐60025‐045‐000 Water 2,027 1,200 1,200 4,648
122‐60026‐045‐000 Cable 1,920 1,920 ‐ ‐
122‐60035‐045‐000 Postage 46 50 50 50
122‐60066‐045‐000 Publications/Books/Subscrips 172 350 350 350
122‐60070‐045‐000 Dues & Memberships 15,457 15,582 15,582 19,295
122‐60080‐045‐000 Schools & Training 3,743 7,880 7,880 15,670
122‐60096‐045‐000 Emergency Management 1,000 1,000 1,000 1,000
122‐60100‐045‐000 Travel & per diem 1,147 4,081 4,081 7,066
122‐60110‐045‐000 Physicals/Testing 6,804 8,085 8,085 ‐
122‐60125‐045‐000 Advertising 4,200 500 500 500
122‐60160‐045‐000 Programs & Special Projects 3,671 7,500 7,500 13,750
122‐60180‐045‐000 Fire Inspection/Enforcement 359 500 500 ‐
122‐60195‐045‐000 Flags & Repair 2,355 3,050 3,050 3,500
122‐60243‐045‐000 Prior Year Expense ‐ ‐ ‐ ‐
122‐60245‐045‐000 Miscellaneous Expense 1,119 1,000 1,000 6,000
122‐60280‐045‐000 Property Maintenance/Building Maintenance ‐ 12,000 12,000 16,750
122‐65005‐045‐000 Fuel & Lube 4,729 21,111 21,111 13,613
122‐65010‐045‐000 Uniforms 9,516 3,140 31,140 6,687
122‐65015‐045‐000 Protective Clothing 47,907 28,000 ‐ 30,200
122‐65030‐045‐000 Chemicals 1,191 1,500 ‐ ‐
122‐65035‐045‐000 Small Tools/Equipment 1,868 6,000 17,050 5,000
122‐65055‐045‐000 Hardware 394 750 750 1,100
122‐65085‐045‐000 Office Supplies 328 500 500 250
122‐65095‐045‐000 Maintenance & Supplies ‐ ‐ 1,500 1,500
122‐65105‐045‐000 Printing ‐ 498 495 250
122‐00000‐045‐000 Printer Supplies ‐ ‐ ‐ 1,400
122‐69050‐045‐000 Radios 7,934 29,000 ‐ ‐
122‐69255‐045‐000 Airpacks ‐ 11,050 ‐ ‐
Comments
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Agenda Packet
TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 ‐ FIRE DEPARTMENT
DRAFT FY 2018 BUDGET
FIRE DEPARTMENT
Account Description FY 2016 FY2017 Adopted FY2017 Town FY 2018 YTD Total
Budget Fire Budget Amended Proposed thru 6/30/17
Comments
Expenses‐MUD
122‐55080‐045‐000 Maintenance & Repairs (GASB34)‐ ‐ ‐ 10,754
122‐60030‐045‐000 Rent And/Or Usage 214,379 216,754 216,754 218,954 216,754 SEE SCHEDULE FD‐B
122‐60055‐045‐000 Insurance 9,072 16,513 16,513 18,000 12,385 TML INVOICE
122‐60337‐045‐000 Transfer to Town/Fire Budget ‐ 434,711
122‐69005‐045‐000 Capital Outlays 7,918 16,836 45,836 ‐ ‐
122‐69008‐045‐000 Short Term Debt ‐Principal ‐ ‐ ‐ ‐ ‐
122‐69009‐045‐000 Short Term Debt ‐Interest ‐ ‐ ‐ ‐ ‐
122‐69195‐045‐000 GASB34/Reserve for Replacement 81,420 81,420 81,420 81,420 81,420 ANNUAL RESERVE FOR NEW FIRE ENGINE
122‐69305‐045‐000 Capital Leases 127,149 127,149 127,149 127,149 127,149 LEASE PAYMENT NO. 3 OF 7 FOR LADDER TRUCK
Total 1,441,804 1,529,324 1,529,324 1,551,159 883,173
Total Fire Revenues 1,429,416 1,529,324 ‐ 1,551,159
Total Fire Expenses 1,441,804 1,529,324 1,529,324 1,551,159
Net Budget Surplus (Deficit)(12,388) ‐ (1,529,324) ‐
Fire Budget 1,551,159
Less: Rent/Debt Service 218,954
Less: Capital Leases 127,149
Less: ESD Assessment 489,475
TML Fire Insurance 18,000
Less Capital Outlays ‐
Less GASB34/Reserve for Replacement 81,420
Less Denton County Fire Pledge 16,000
Less Fire Permits/Sprinkler 100
Less Fire Inspections ‐
122‐60337‐045‐000 Transfer to Town from MUD/Fire Budget 600,061
Monthly payment to Town Oct 17‐Sept 18 50,005
Town/MUD Fire Contract Calculation FY 2018
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To: Mayor and Town Council
From: Wade Carroll, Fire Chief
CC: Thomas M. Class, Sr., Town Manager
Holly Fimbres, Town Secretary/RMO
Re: Fire Department Standard Operating Procedures
Joint Session Meeting, July 25, 2017
Agenda Item:
Receive an update from Fire Chief Wade Carroll regarding the Fire Department’s Standard
Operating Procedures (Town Council).
Explanation:
The Interlocal Agreement between the Trophy Club Municipal Utility District No. 1 and the
Town of Trophy Club for the administration of the Fire Department per Attachment “B”
requires that the Fire Department “Meet or exceed all requirements of the Town SOP’s for the
Fire Department.” The Fire Department completed the revision of its SOP’s on July 14, 2017
and were approved by the Town Manager as meeting all requirements of the Town. SOP’s
were posted and disseminated to all Fire Department employees through the Lexipol system on
July 14, 2017 and a report was run within the system to ensure that all employees received and
acknowledged the approved SOP’s. As of July 19th, 93% of personnel have acknowledged
receipt of the revised SOPs. (14 of 15 current members, one on vacation since the 14th and one
open firefighter position).
Attachments:
• Lexipol Policy Upload
• Policy Acknowledgement Report
Trophy Club Municipal Utility District No. 1 196 of 227 July 25, 2017 Special Session Joint Meeting
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Ackknowledged Policy Updates Report
User Name First Name Last Name Manual Policy Number Policy Title Issue Date Acknowledgement Date
txf004-srusk Steve Rusk Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/18/2017
txf004-gsipes Gary Sipes Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/19/2017
txf004-gboos Greg Boos Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/15/2017
txf004-kevans Kalo Evans Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/18/2017
txf004-sstockstrom Sara Stockstrom Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/14/2017
txf004-wcarroll Wade Carroll Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/14/2017
txf004-sbeck Shane Beck Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/17/2017
txf004-bpeters Brian Peters Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/14/2017
txf004-rfitzgerald Ray Fitzgerald Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/17/2017
txf004-sgarrett Shawn Garrett Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/14/2017
txf004-dhurd Donnie Hurd Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/14/2017
txf004-jsmith Justin Smith Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/18/2017
txf004-mtackett Matthew Tackett Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/17/2017
txf004-esampson Eric Sampson Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017 7/15/2017
Unacknowledged Policy Updates
User Name First Name Last Name Manual Policy Number Policy Title Issue Date Acknowledgement Date
txf004-dhards Dusten Hards Trophy Club Fire Department Policy Manual 104 Trophy Club Fire Department 2017 SOP 7/14/2017
Trophy Club Municipal Utility District No. 1 197 of 227 July 25, 2017 Special Session Joint Meeting
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AMENDED AND RESTATED CONTRACT FOR WHOLESALE WATER
SUPPLY AND WASTEWATER TREATMENT SERVICES AND WATER AND
WASTEWATER OPERATIONAL SERVICES
This Amended and Restated Contract for Wholesale Water Supply and
Wastewater Treatment Services and Water and Wastewater Operations Services
(“Contract”) is entered into as of ___________ , 2014 2017 (the “Effective Date”)
between THE TOWN OF TROPHY CLUB, TEXAS, a home rule municipality
located in Denton and Tarrant Counties (hereinafter “Town”) and TROPHY
CLUB MUNICIPAL UTILITY DISTRICT NO. 1, a conservation and reclamation
District of the State of Texas in Denton and Tarrant Counties created and
operating pursuant to Chapters 49 and 54 of the Texas Water Code (hereinafter
“MUD”).
Recitals
WHEREAS, MUD currently supplies retail water and wastewater services
to those customers located within the corporate boundaries of MUD; and
WHEREAS, Town currently provides water and wastewater services to a
certain portion of property located within the territorial boundaries of Town which
property is not located within the boundaries of MUD nor is provided retail water
or wastewater services therefrom, hereinafter referred to as the “Property” and
more fully described in Exhibit “A”; and
WHEREAS, Town and MUD previously entered into the following
contracts providing for the provision of wholesale water and wastewater services,
and contract operation services, by MUD to Town: (i) “Contract for Water Supply
and Wastewater Treatment” dated November 20, 2007, as amended by that
certain “First Modification of Contract for Water Supply and Wastewater
Treatment” dated July 7, 2008 (hereafter, the “2007 Wholesale Contract”); and
(ii) “Contract for Water and Wastewater Operational Services” dated November
12, 2007 as subsequently amended on July 7, 2008 and November 19, 2013
(hereafter, the “2007 Operations Contract”);
WHEREAS, Town and MUD desire to amend and restate the 2007
Wholesale Contract and to terminate the 2007 Operations Contract;
WHEREAS, the Interlocal Cooperation Act, Texas Government Code,
Chapter 791, et seq., as amended (the “Act”) provides authority for governmental
entities of the State of Texas to enter into interlocal contracts with each other
regarding governmental functions and services as set forth in the Act; and
WHEREAS, the provision of wholesale water and wastewater services by
MUD to Town, and the provision of operational services by MUD to Town, are
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valid governmental functions necessary for the public health, safety and welfare
for which an interlocal contract is allowed pursuant to the Act; and
WHEREAS, each Party hereto paying for the performance of
governmental functions or services shall make such payments from current
revenues legally available to the paying Party and each Party hereby finds and
agrees that it is fairly compensated for the services or functions performed under
the terms of this Contract.
NOW, THEREFORE, Town and MUD, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
ARTICLE I.
INCORPORATION / DEFINITIONS / EXHIBITS
1.1 Incorporation of Recitals. The foregoing recitals are agreed upon and
incorporated herein as a part of this Contract.
1.2 Definitions. Unless the content indicates others, the following words used
in this Contract shall have the following meanings:
2007 Operations Contract means that certain “Contract for Water and
Wastewater Operational Services” dated November 12, 2007 entered into by
MUD and Town, as subsequently amended on July 7, 2008 and November 19,
2013.
2007 Wholesale Contract means that certain “Contract for Water Supply
and Wastewater Treatment” dated November 20, 2007”, as amended by that
certain “First Modification of Contract for Water Supply and Wastewater
Treatment” dated July 7, 2008 entered into by Town and MUD, as amended.
Annual Capital Improvements and Maintenance Charge has the meaning
set out in Section 7.2.
Annual Debt Service Requirement has the meaning set out in Section 7.2.
Certified Assessed Valuation means the most current certified assessed
valuation from the County Tax-Assessor collector as of August 1 of a calendar
year.
Commission or TCEQ means the Texas Commission on Environmental
Quality and any successor or successors exercising any of its duties and
functions.
Emergency means a sudden unexpected happening; an unforeseen
occurrence or condition; exigency; pressing necessity; or a relatively permanent
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condition or insufficiency of service or of facilities resulting from causes outside of
the reasonable control of MUD. The term includes Force Majeure and acts of
third parties that cause the MUD Water System or MUD Wastewater System to
be unable to provide the Wholesale Water Services or Wholesale Wastewater
services agreed to be provided herein.
EPA means the Environmental Protection Agency and any successor or
successors exercising any of its duties and functions.
Fort Worth Impact Fee means the charge imposed by Fort Worth pursuant
to Chapter 395 of the Local Government Code under the Fort Worth Water
Contract.
Fort Worth Water Contract means the Contract for Water Service Between
the City of Fort Worth, Texas, and Trophy Club Municipal Utility MUD No. 1,
dated November 16, 2010, as amended.
Infiltration and Inflow means water that enters a wastewater collection
system through physical defects in the system or from other point sources.
MUD means Trophy Club Municipal Utility District No. 1.
MUD Wastewater System means the wastewater collection lines, lift
stations, pipes, valves, meters, pumps, motors, treatment plant, effluent
discharge lines, and other facilities, equipment and appurtenances thereto owned
or controlled by the MUD, and any expansions, improvements, enlargements,
additions and replacements thereto.
MUD Water System means the water supply, treatment, storage,
transmission, pumping and distribution system of the MUD and appurtenances
thereto, and any expansions, improvements, enlargements, additions and
replacements thereto.
Operations Services has the meaning set out in Section 5.2.
Parties or Party shall mean either one or more of MUD or Town or both,
as the context provides.
Permit means Permit No. WQ0011593-001 held by MUD authorizing the
treatment and disposal of treated wastewater effluent.
Person(s) means an individual, corporation, partnership, association, joint
venture or any other third party legal entity.
Points of Connection of Wastewater means that point or points where
Town Wastewater Collection System connects to MUD’s Wastewater System.
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Points of Connection of Water means that point or points where Town
Water System connects to MUD’s Water System.
Property means the approximately 609-acre tract of land located within the
corporate boundaries of Town shown in the attached Exhibit “A”.
Retail Customer Charge has the meaning set forth in Section 7.1.
Town means the Town of Trophy Club, Texas, a home-rule municipality
located in Denton and Tarrant Counties, Texas, and all land included within the
territorial limits and extraterritorial jurisdiction of Town, at Town’s creation and
thereafter annexed from time to time.
Town Customers means any Person(s) residing within the Property and
who have the right to receive, who contract to receive or otherwise are receiving
Water and/or Wastewater Services from Town Water Distribution System and/or
Town Wastewater Collection System.
Town Rate Order means an order adopted by Town setting out the rates
and fees for retail water and wastewater services for Town Customers, including
without limitation administrative fees, customer deposits, usage rates, late
charges, returned check fees, disconnect fees, meter re-read fees, and after-
hours service fees, and any Town Surcharge.
Town Surcharge has the meaning set forth in Section 7.1(d).
Town Wastewater Collection System means the Wastewater system
constructed and owned by Town for the collection of Wastewater received from
Town Customers, ending at the Points of Connection of Wastewater.
Town Water Distribution System means the water distribution system
constructed and owned by Town for the distribution of potable water received
from MUD to Town Customers, beginning at the Points of Connection of Water,
including any elevated storage tanks and pumping facilities. The Town Water
Distribution System shall not include any Wells.
Utility Fee has the meaning set out in Section 7.4.
Utility Fee Remainder has the meaning set out in Section 7.4.
Wastewater means the water-carried wastes, exclusive of ground,
surface, and storm waters, normally discharged from the sanitary conveniences
of dwellings, including apartment houses, hotels, offices buildings and
institutions, of a domestic, not industrial, nature, and that meets the requirements
of this Contract.
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Water or Water Supply means potable water that meets federal and state
standards for consumption by humans.
Wells means any and all potable water wells that may be constructed
within the Property or for the benefit of the Property by Town or its designee.
Wholesale Wastewater Services means the wholesale wastewater
treatment and disposal services provided by MUD in accordance with the terms
and conditions of this Contract in receiving, treating, testing, and disposing of
Wastewater from Town Wastewater Collection System in accordance with this
Contract.
Wholesale Water Services means the wholesale services provided by
MUD in furnishing a wholesale supply of Water to Town at the Points of
Connection of Water.
1.3 Exhibits. The following Exhibits attached to this Contract are hereby
made a part of the Contract as though fully incorporated herein:
Exhibit “A” - The Property
Exhibit “B” - Points of Connection of Water and Wastewater
ARTICLE II.
EFFECT ON PRIOR CONTRACTS
2.1 2007 Operations Contract. As of the Effective Date, the 2007
Operations Contract shall terminate for all purposes; provided, however, the
terms and conditions set forth therein relating to payment by Town to MUD for
services shall remain in effect until such time as MUD commences collection of
the Retail Customer Charge under this Contract.
2.2 2007 Wholesale Contract. As of the Effective Date, the 2007 Wholesale
Contract shall be amended and restated by this Contract.
2.3 Prior Revenues. MUD shall be entitled to collect and retain all revenues
for any and all water and wastewater services rendered to Town Customers prior
to the Effective Date pursuant to the 2007 Operations Contract and 2007
Wholesale Contract, including any such revenues received after the Effective
Date. The Parties agree that it is their mutual intent that the MUD shall continue
to receive all payments under the 2007 Operations Contract and 2007 Wholesale
Contract until such time as any payments under this Contract can be collected in
lieu thereof.
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ARTICLE III.
WHOLESALE WATER SERVICES
3.1 Points of Connection of Water. MUD shall deliver a wholesale supply of
Water to Town Water Distribution System at the existing Points of Connection of
Water. Any additional Points of Connection of Water must be at locations
mutually agreed upon in writing by the Parties.
3.2 Quantity of Wholesale Water Services. Subject to the terms of this
Contract, MUD agrees to purchase and transport to Town a supply of W ater: (i)
in a quantity that meets all regulatory requirements for public water systems
applicable to the provision of retail water service by Town to Town Customers
located within the Property; and (ii) to be made available according to the same
terms, conditions and limitations that MUD furnishes a supply of Water to its retail
customers. MUD agrees that, for purposes of compliance with 30 Texas
Administrative Code Sec. 290.45(f), the maximum authorized daily purchase rate
shall be not less than 0.6 gallons per minute, and the maximum hourly purchase
rate plus actual service pump capacity shall be at least 2.0 gpm per connection
or provide at least 1,000 gpm and be able to meet peak hourly demands,
whichever is less.
3.3 Resale Prohibited. Town shall not provide or sell Water received under
this Contract to any person entity, private or public, other than Town’s retail
customers located within the Property, without MUD’s prior written consent. The
Parties agree that as of the Effective Date, MUD has not provided any such
consent and Town does not provide retail water or wastewater service to any
customers located outside the Property.
3.4 Sole Provider. MUD will be the sole source of Wholesale Water Services
to Town for the Property unless MUD consents in writing to Town’s conversion to
another wholesale provider. Under the terms and conditions set forth herein,
MUD shall be entitled to provide Wholesale Water Services to Town for the
Property from any source available to MUD.
3.5 Title to Water. Title to the water purchased by MUD and transported to
Town under this Contract shall remain with MUD at all times until it reaches the
Points of Connection of Water. At the Points of Connection of Water, title to the
Water shall pass to the Town.
3.6 Conservation and Drought Planning. Town will adopt a water
conservation plan and a drought contingency plan in compliance with TCEQ
rules, 30 Texas Administrative Code, Chapter 288, with provisions at least as
stringent as the provisions of the existing MUD Water Conservation and Drought
Contingency Plan. MUD shall provide Town with any amended or revised MUD
Water Conservation and Drought Contingency Plan upon adoption, and Town will
adopt a water conservation plan and a drought contingency plan in compliance
with TCEQ rules, 30 Texas Administrative Code, Chapter 288, with provisions at
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least as stringent as the provisions of the amended or revised MUD Water
Conservation and Drought Contingency Plan within sixty (60) days of Town’s
receipt of the amended or revised MUD Water Conservation and Drought
Contingency Plan. Town specifically agrees that upon institution of any
mandatory water conservation or drought contingency restrictions by MUD upon
its customers, MUD shall impose identical restrictions upon Town Customers as
part of the Operational Services until and unless Town has adopted more
stringent restrictions, in which event MUD shall enforce Town’s more stringent
restrictions upon Town Customers.
3.7 Plumbing Regulations. MUD and Town both covenant and agree to
adopt and enforce adequate plumbing regulations with provisions for the proper
enforcement thereof, to ensure that neither cross-connection nor other
undesirable plumbing practices are permitted. Plumbing regulations adopted by
Town shall be not less stringent than those adopted by MUD.
3.8 Curtailment of Service. If water service is curtailed by MUD to other
customers of the MUD Water System, MUD may impose a like curtailment on
Wholesale Water Services delivered to Town under this Contract. MUD will
impose such curtailments in a nondiscriminatory fashion. The Parties agree that
they will not construe this Contract to prohibit MUD from curtailing service
completely in the event of a maintenance, operation or Emergency for a
reasonable period necessary to complete such maintenance operations or
repairs or respond to an Emergency circumstance. Town acknowledges and
agrees that the MUD’s provision of Wholesale Water Services under this
Contract is subject to applicable provisions of the MUD Water Conservation and
Drought Contingency Plan.
3.9 Water Service Rules, Regulations and Policies. Within sixty (60) days
of the Effective Date, Town agrees to adopt retail water service rules, regulations
and policies with provisions at least as stringent as, and not inconsistent with, the
provisions of the existing MUD water service rules, regulations and policies (the
“MUD Service Rules and Policies”). MUD shall provide Town with any amended
or revised water service rules, regulations and policies upon adoption, and Town
will adopt provisions at least as stringent as the provisions of the amended or
revised MUD service rules, regulations or policies within sixty (60) days of
Town’s receipt of the amended or revised MUD service rules, regulations and
policies.
3.10 Consumer Confidence Report. Town shall timely adopt a consumer
confidence report in accordance with all regulatory requirements, and to conduct
any public hearing relating thereto. MUD agrees to furnish all required data and
information required for Town to prepare the report and a draft of the report to
Town for Town’s approval, and further agrees to distribute the approved report to
all Town customers upon receipt from Town as part of the Operations Services to
be provided hereunder.
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ARTICLE IV.
WHOLESALE WASTEWATER SERVICES
4.1 Points of Connection of Wastewater. MUD shall receive Wastewater
from Town Wastewater Collection System at the existing Points of Connection of
Wastewater. Any additional Points of Connection of Wastewater must be at
locations mutually agreed upon in writing by the Parties.
4.2 Wholesale Wastewater Service.
(a) Subject to the terms and conditions of this Contract and the
requirements of applicable law, MUD agrees to provide Wholesale Wastewater
Services to Town: (i) in a quantity that meets all regulatory requirements
applicable to the provision of retail wastewater service by Town to Town
Customers located within the Property; and (ii) according to the same terms,
conditions and limitations that MUD furnishes wastewater service to its retail
customers.
(b) Town agrees that it shall adopt and enforce: (1) wastewater
service rules and policies at least as stringent as, and not inconsistent with, the
MUD Service Rules and Policies; and (ii) any pretreatment requirements for its
retail customers as may be necessary to cause the quality of Wastewater Town
delivers to the MUD Wastewater System pursuant to this Contract to meet the
requirements of this Contract and the MUD Service Rules and Policies. MUD
shall be responsible for the quality of any Wastewater collected from MUD
customers and passed through the Town Wastewater Collection System to the
MUD Wastewater System.
(c) MUD shall be entitled to collect samples of Wastewater at or near
the Point(s) of Connection into the MUD Wastewater System or from any point
within the Town Wastewater Collection System and cause the same to be
analyzed in accordance with accepted methods in the industry to determine if
such Wastewater complies with the MUD Service Rules and Policies and any
pretreatment requirements. If analysis discloses that the Wastewater does not
comply with the MUD Service Rules and Policies and any pretreatment
requirements, Town shall be obligated to require the offending originator to
immediately cease discharging such Wastewater into the Town Wastewater
Collection System or to pretreat such Wastewater such that the discharge of
prohibited Wastewater ceases immediately.
4.3 Sole Provider. MUD will be the sole source of Wholesale Wastewater
Service to Town for the Property unless MUD consents in writing to Town’s
conversion to another wholesale provider. Under the terms and conditions set
forth herein, MUD shall be entitled to provide Wholesale Wastewater Service to
Town for the Property from any source of treatment capacity available to MUD.
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4.4 Wholesale Service Commitment Not Transferable. MUD’s commitment
to provide Wholesale Wastewater Service is solely to Town and solely for the
Property. Town may not assign or transfer in whole or in part its right to receive
Wholesale Wastewater Service without MUD’s prior written consent.
4.5 Curtailment of Service. The Parties agree that, if Wastewater service is
curtailed by MUD to other customers of the MUD Wastewater System, MUD may
impose a like curtailment on Wholesale Wastewater Service delivered to Town
under this Contract. The MUD will impose such curtailments in a
nondiscriminatory fashion. The Parties agree that they will not construe this
Contract to prohibit MUD from curtailing service completely in the event of a
maintenance operation or Emergency for a reasonable period necessary to
complete such maintenance operations or repairs or respond to an Emergency
circumstance.
4.6 Town Prevention of Infiltration and Inflow. Town will adopt and enforce
such ordinances as are reasonably necessary or prudent to minimize Infiltration
and Inflow to the Town Wastewater Collection System, and such ordinances
shall be at least as stringent as, and not inconsistent with, the MUD’s Service
Rules and Policies. Town will prohibit the discharge of drainage water and
stormwater run-off into the Town Wastewater Collection System.
4.7 Liability of Town. As between the Parties, liability for damages to third
persons arising from the reception, transportation, delivery, treatment and
disposal of all Wastewater will remain with Town to each Point of Connection of
Wastewater; provided, however, that if any such liability to third parties arises
directly out of an act or omission of MUD in the provision of Operations Services,
then the MUD will pay all costs and expenses arising out of such liability as part
of the Operations Services provided hereunder. Town agrees that any sewer
backups caused by force majeure, intrusion of roots into the Town Wastewater
Collection System, defects in construction of the Town Wastewater Collection
System or other circumstances that are not under the direct control of MUD do
not arise out of the act or omission of MUD, and MUD shall have no liability in
connection therewith. As between the Parties, liability for damages to third
persons will pass to MUD at the Points of Connection of Wastewater to the MUD
Wastewater System.
4.8 Liability of MUD. Subject to the foregoing, MUD will bear the
responsibility as between the Parties for the proper reception, transportation,
treatment, and disposal of such Wastewater received by it at each Point of
Connection of Wastewater in accordance with the Contract. However, the
Parties agree that they will not construe this Contract to cause MUD to have
liability for damages to the MUD Wastewater System or to third persons arising
from the delivery by Town of any W astewater that is prohibited under this
Agreement. Similarly, this Contract shall not be construed as a waiver of any
governmental immunity that MUD or Town may enjoy with respect to any claims
brought by third party persons or entities.
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4.9 MUD Treatment and Use of Wastewater. MUD may treat the
Wastewater delivered by the Town pursuant to this Contract and dispose of the
effluent generated thereby in such manner as may be provided in the Permit or
other TCEQ authorization in its sole discretion; provided, however, that if MUD
has effluent available, as determined in MUD’s discretion, then MUD will make
available all or part of such effluent to Town at Town’s request in accordance
with all terms and conditions of the MUD Service Rules and Policies relating to
the use of wastewater effluent for irrigation customers, as modified from time to
time. To the extent allowed by law, MUD will make effluent available to Town at
no charge. Town shall be responsible for the acquisition or construction of all
facilities and improvements required to transport effluent from the MUD
Wastewater System to the place of use, and any modifications to the MUD’s
Wastewater System, at Town’s sole expense. The design of all such
improvements and modifications shall be subject to MUD’s prior approval. Town
shall also be responsible for securing at its sole cost and expense all regulatory
approvals required for the delivery and use of effluent. Notwithstanding any
provision herein to the contrary, the Town acknowledges and agrees as follows:
(i) that Trophy Club Country Club shall have an opportunity to purchase any
excess Wastewater effluent prior to such effluent being made available to Town
and (ii) Town may not furnish or resell to third parties any Wastewater effluent.
4.10 Wastewater Service Rules, Regulations and Policies. Within sixty (60)
days of the Effective Date, Town agrees to adopt wastewater service rules,
regulations and policies with provisions at least as stringent as, and not
inconsistent with, the provisions of the existing MUD wastewater service rules,
regulations and policies (“MUD Service Rules and Policies”). MUD shall provide
Town with any amended or revised wastewater service rules, regulations and
policies upon adoption, and Town will adopt provisions at least as stringent as
the provisions of the amended or revised MUD service rules, regulations or
policies within sixty (60) days of Town’s receipt of the amended or revised MUD
service rules, regulations and policies.
ARTICLE V.
OPERATIONS SERVICES RELATED TO TOWN WATER DISTRIBUTION
SYSTEM, TOWN WASTEWATER COLLECTION SYSTEM,
AND TOWN WELLS
5.1 Town’s Obligation to Construct Town Water Distribution System and
Town Wastewater Collection System. Town shall continue to design and
construct, at its sole cost and expense, the Town Water Distribution System and
a Town Wastewater Collection System to provide retail water and wastewater
service to Town Customers. The Town Water Distribution System shall include
all facilities necessary to store Water and to convey Water from the Points of
Connection of Water to Town Customers. The Town Wastewater Collection
System shall include all facilities necessary to transport Wastewater from Town
Customers to the Points of Connection of Wastewater. The Parties specifically
agree that the MUD shall have no obligation whatsoever to construct new
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improvements within, or as part of, the Town Water Distribution System or the
Town Wastewater Collection System to serve new development or new land
uses within the Property.
5.2 Provision of MUD Operations Services.
(a) MUD agrees to provide the following contract operation,
maintenance, meter reading, billing and reporting functions (collectively, the
“Operations Services”) to Town in connection with the Town Water Distribution
System and Town Wastewater Collection System:
1) Operating and maintaining the Town Water Distribution System and
Town Wastewater Collection System in the same manner as the
MUD operates and maintains the MUD Water System and the MUD
Wastewater System;
2) Repairing and replacing the Town Water Distribution System and
Town Wastewater Collection System (but excluding any
expansions) in the same manner as the MUD repairs and replaces
the MUD Water System and the MUD Wastewater System as
necessary to provide continuous and adequate service in
accordance with all regulatory requirements;
3) Reading individual meters of Town retail customers on behalf of
Town;
4) Billing, collecting from, and responding to service calls from Town
Customers;
5) Dead-end water flushes;
6) Prepare and filing certain operational and compliance reports
required by law, including those required by the Commission or
EPA relating to operation of the Town Wastewater Collection
System or Town Water Distribution System, as more particularly
described in Section 5.2(e) below;
7) Preparing and furnishing to Town a monthly operational report
including the same detail and information prepared by the MUD for
its own system;
8) Providing a representative, upon prior request of Town, to present
reports at regular Town Council meetings regarding service
matters; and
9) Cooperating with respect to any inspection of the Town Wastewater
Collection System or Town Water Distribution System by TCEQ,
EPA or any other regulatory entity.
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(b) MUD will provide Operations Services to Town under this Contract
in compliance with all applicable, federal, state, and local laws, rules and
regulations, and in the same manner that it provides those services to retail water
and wastewater customers within the MUD. If MUD’s failure to comply with all
applicable, federal, state, and local laws, rules and regulations for which it is
responsible under this Contract results in fines or penalties against Town of any
kind or any requirement that Town take corrective action by any governmental
agency having jurisdiction, then MUD shall pay such fines and penalties, and
shall undertake such correction, as part of the Operations Services provided
hereunder; provided, however, that notwithstanding any provision in this Contract
to the contrary, MUD shall have absolutely no responsibility to pay any costs,
fines or penalties that arise out of any of the following: (i) the design or
construction of the Town Wastewater Collection System or Town Water
Distribution System; (ii) the introduction of prohibited Wastewater by any
customer of the Town into the Town Wastewater Collection System for which the
Town has not taken immediate enforcement action; (iii) any action, decision,
inaction or delay of the Town that contributes to the circumstance or condition
that results in the violation, fine or penalty; (iv) matters which are outside the
scope of Operations Services to be provided by MUD; and (v) matters that are
outside the reasonable control of the MUD, including acts of force majeure and
acts of third parties.
(c) As an independent contractor, MUD shall work independently and
exercise its own judgment in providing the Operations Services. Town shall have
no control over the means or methods of the MUD’s work, except that MUD shall
provide Operations Services in a professional and workmanlike manner
consistent with the standards by which it furnishes services to its own retail water
and wastewater customers, and shall comply with all applicable local, state and
federal laws, rules and regulations.
(d) Town acknowledges that the Operations Services do not include
any services or obligations not specifically set forth in this Contract. By way of
example and without limitation, the Operations Services do not include design or
construction of extensions to the Town Wastewater Collection System or Town
Distribution System; plumbing inspections; construction inspections; records
retention; filing of plans for new infrastructure improvements with regulatory
authorities; legislative functions such as adoption of policies, rates and service
rules; or enforcement of Town ordinances, rules, regulations or policies.
(e) As part of the Operations Services, MUD shall prepare, execute
and file on behalf of Town those operations and sampling reports and filings that
may legally be executed by an operator of a public water or wastewater system
on behalf of the owner. With respect to those reports, plans and filings that must
be executed or filed directly by the owner of the public water or wastewater
system, MUD shall prepare a draft report, plan and/or filing for Town, but Town
shall be solely responsible for final approval, execution and filing thereof. The
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Parties agree that the data to be furnished by MUD for purposes of preparing
reports, filings and plans on behalf of Town shall be operational and sampling
data obtained by MUD in connection with providing the Operations Services, and
Town shall be responsible for gathering and furnishing other data not generated
as a result of operating the Town Water Distribution System and Town
Wastewater Collection System, such as Town population data.
5.3 Wells. Town has sole discretion regarding the specifications for, number
and location of Wells that may be constructed by Town. Any and all Wells
constructed by or at the direction of Town or dedicated to Town shall be owned
and operated by Town, and are outside the scope of Operations Services to be
furnished by MUD. No Wells shall be connected to the Town Water Distribution
System without the prior consent and approval of the MUD. MUD has sole
discretion regarding the specifications for, number and location of Wells that may
be constructed by MUD.
5.4 Cooperation.
(a) Town agrees to fully cooperate with MUD in connection with the
provision of Operations Services by MUD. By way of example and without
limitation, Town shall not prevent, hinder or impair MUD’s access to the Town
Wastewater Collection System or Town Water Distribution System. Similarly, in
the event Town receives any notices, correspondence, notices of enforcement
action, inspection reports, customer correspondence or other information relating
to water or wastewater services, operations or water or wastewater facilities, it
shall provide a copy thereof to MUD as soon as reasonably practical. Town shall
also timely execute any operations reports or filings that must be executed by an
authorized representative of Town, and shall fully cooperate as necessary to
allow MUD to file any regulatory reports or filings that MUD files on behalf of
Town as part of the Operations Services.
(b) The Parties agree to fully cooperate and provide notice to each other
as soon as practicable regarding emergencies and events that materially impact
water and wastewater service.
(c) The Parties will fully cooperate to respond to alleged violations or
enforcement action pertaining to water and wastewater services.
5.5 Approvals for MUD Bonds Relating to Town Infrastructure. The
Parties acknowledge and agree that the Operations Services to be provided by
MUD include necessary repairs or replacement of the Town Wastewater
Collection System or the Town Water Distribution System. In the event that MUD
seeks to issue bonds for funding any such repairs or replacements and TCEQ
withholds approval for the issuance of such bonds, or the Attorney General of the
State of Texas refuses to render an opinion approving the validity of bonds
issued by MUD for such purposes, then the Parties agree to fully cooperate as
necessary to cause such repair or replacement to proceed without delay at no
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additional cost to Town. MUD shall have no obligation to undertake any such
repair or replacement until an alternative funding source is identified and agreed
upon by the Parties.
5.6 Elevated Storage Tank. The Parties acknowledge that the Town Water
Distribution System includes an elevated storage tank to which both Parties
contributed funding. As part of the Operations Services, MUD shall operate the
elevated storage tank to provide and maintain pressure to customers of both the
Town Water Distribution System and the MUD Water System in accordance with
all applicable regulatory requirements applicable to both systems.
5.7 Insurance. MUD agrees to secure and maintain insurance for the Town
Water Distribution System and Town Wastewater Collection System at MUD’s
sole cost and expense. The Parties mutually agree that any payments of
insurance under any such policies should go to MUD for purposes of repair or
replacement of Town infrastructure. In the event that the insurance company
tenders payment of the insurance proceeds to Town for any reason, Town
agrees to immediately remit all such insurance proceeds to MUD, which shall
utilize the proceeds for repair or replacement of Town infrastructure, or if the
amount of the proceeds exceeds the cost of the repair or replacement, MUD
shall credit such excess proceeds to the Annual Capital Improvements and
Maintenance Charge due from Town.
AR TICLE VI.
CHARGES TO TOWN
6.1 Charges to Town for Wholesale Water Service, Wholesale
Wastewater Services and Operational Services. The MUD charges to Town
for Wholesale Water Services, Wholesale Wastewater Services, and Operational
Services shall consist of the following:
(a) The Retail Customer Charge;
(b) The Annual Capital Improvements and Maintenance Charge;
(c) Fort Worth Impact Fees; and
(d) Utility Fees.
ARTICLE VII.
BILLING AND PAYMENT
7.1 Retail Customer Charge.
(a) MUD shall provide to Town any amended or revised MUD Rate
Order adopted by MUD and Town shall adopt a Town Rate Order identical to the
amended or revised MUD Rate Order. The Town shall adopt a Town Rate Order
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identical to the amended or revised MUD Rate Order provided that the Town has
received receipt of the amended or revised MUD Rate Order at least 96 hours
before a regularly scheduled Council meeting. In the event that the Town
receives receipt of the amended or revised MUD Rate Order with less than 96
hours before a regularly scheduled Council meeting then the Town shall adopt a
Town Rate Order identical to the amended or revised MUD Rate Order at the
second regularly scheduled Council meeting after receiving receipt of the
amended or revised MUD Rate Order. Within thirty (30) days of the Effective
Date, Town shall adopt the Town Rate Order. Except as provided in Section
7.1(d) below, the Town Rate Order shall be identical to the existing MUD Rate
Order. MUD shall provide to Town any amended or revised MUD Rate Order
adopted by MUD not later than sixty (60) days before the effective date of any
new rates and charges, and Town shall adopt a Town Rate Order identical to the
amended or revised MUD Rate Order within sixty (60) days of Town’s receipt of
the amended or revised MUD Rate Order, such that the effective date of any
changes to the Town Rate Order and MUD Rate Order shall be identical. In the
event that in connection with any rate proceeding TCEQ (or the Public Utility
Commission of Texas) changes any MUD rates, fees or charges, MUD shall
provide immediate notice thereof to Town and Town shall use its best efforts to
change the Town Rate Order immediately, including by calling a special meeting
if necessary.
(b) As part of the Operations Services provided to Town, MUD shall bill
and collect amounts due from Town Customers under the Town Rate Order for
the provision of retail water and wastewater services. Such billing and collection
shall be conducted by MUD in the same manner of billing and collections
performed by MUD for retail water and wastewater service furnished by MUD to
its retail customers in the MUD boundaries.
(c) Town hereby authorizes MUD to collect all monthly payments from
Town Customers under the Town Rate Order and to directly deposit such
payments into the MUD bank accounts. MUD shall keep one hundred percent
(100%) of all collections from Town Customers, except as provided in Section
7.1(d) below. All such payments collected by MUD from Town Customers under
the Town Rate Order identical to the rates, fees and charges of MUD are
collectively referred to herein as the “Retail Customer Charge.”
(d) Town shall have the right at any time to modify its rate order to
include separate fees and charges in addition to those billed and charged by
MUD. Any such additional Town fees or charges (a “Town Surcharge”) shall be
separately identified on the MUD’s bill to Town Customers. Town shall give MUD
not less than 60 days prior written notice of any such additional Town charge.
Except as provided in Section 7.2(d) below with respect to the levy and collection
of a Town Surcharge for payment of the Annual Capital Improvements and
Maintenance Charge, MUD shall remit payment of any such additional Town fees
and charges that it collects to Town within fifteen (15) days after receipt of a
written invoice for payment from Town. Notwithstanding any provision herein to
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the contrary, Town agrees that the volumetric rates for water and wastewater
service to Town Customers under the Town Rate Order must be identical to the
MUD volumetric rates for water and wastewater services under the MUD Rate
Order, and the Town Surcharge shall not be a gallonage charge (and instead
shall be a fixed sum).
7.2 Annual Capital Improvements and Maintenance Charge.
(a) The Annual Capital Improvements and Maintenance Charge shall
be calculated in accordance with the following methodology:
1) Town shall furnish its most current certified assessed valuation
from the County Tax-Assessor (the “Certified Assessed Valuation”)
for the Property to the MUD on or before August 1 of each year that
this Contract remains in effect.
2) No later than September 1 of the same year, MUD will furnish Town
with an annual debt service, maintenance and operations budget
that contains the following items:
a. The total debt service requirements for new money ad
valorem tax bonds issued by MUD after the Effective Date in
the next calendar year (“Annual Debt Service Requirement”);
b. The total expenses to be funded with maintenance taxes in
the next fiscal year (“Annual Maintenance and Repair
Requirement”), save and except budgeted costs of MUD
director fees and director elections, the costs of which MUD
agrees shall not be funded by the Annual Capital
Improvements and Maintenance Charge;
c. The cumulative total of the Certified Assessed Valuation for
the MUD and the Property;
d. Town’s percentage share of the Annual Debt Service
Requirement and Annual Maintenance and Repair
Requirement calculated by dividing the Certified Assessed
Valuation for the Property by the cumulative total of the
Certified Assessed Valuation for the MUD and the Property;
and
e. The amount of the next year’s Annual Debt Service
Requirement and Annual Maintenance and Repair
Requirement for which the Town is responsible for payment
during the subsequent calendar year (the “Annual Capital
Improvements and Maintenance Charge”) shall be equal to
the product of the Town’s percentage share of the Annual
Debt Service Requirement and Annual Maintenance and
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Repair Requirement multiplied by the Annual Debt Service
Requirement and Annual Maintenance and Repair
Requirement.
(b) If for any reason the timing of issuance of ad valorem tax debt by
MUD does not allow the Annual Capital Improvements and Maintenance Charge
to be calculated in accordance with the foregoing schedule, then Town’s share of
any such ad valorem debt service payments shall be added to the next
subsequent calendar year Annual Debt Service Requirement.
(c) Town shall determine, in its sole discretion, the source of funding
for payment of the Annual Capital Improvements and Maintenance Charge;
provided, however, that (i) the Town shall not levy and collect an ad valorem tax
for payment of the Annual Capital Improvements and Maintenance Charge; and
(ii) the source of funding shall be collected only from Town Customers within the
Property. Without limitation, Town may levy a Town Surcharge (as defined in
Section 7.1(d) above) in the Town Rate Order for purposes of generating
revenues for payment of the Annual Capital Improvements and Maintenance
Charge.
(d) If Town levies a Town Surcharge for payment of the Annual Capital
Improvements and Maintenance Charge, then MUD shall retain the Town
Surcharge for payment of the Annual Capital Improvements and Maintenance
Charge. If Town uses another source of funding to pay the Annual Capital
Improvements and Maintenance Charge, then Town shall pay such funds to
MUD within thirty (30) days of receipt, but in no event later than the end of the
calendar year. Within thirty (30) days of the end of each calendar year, MUD
shall prepare and furnish to Town a reconciliation that identifies the cumulative
sum collected by MUD from the Town Surcharge or paid by Town from other
funding sources. In the event that the cumulative sum collected exceeds the
Annual Capital Improvements and Maintenance Charge, the MUD shall remit
such excess monies to Town within thirty (30) days after the reconciliation report
is furnished to Town. If the cumulative sum collected is less than the Annual
Capital Improvements and Maintenance Charge, then Town shall pay the full
amount of the deficit within thirty (30) days of receipt of the MUD reconciliation
report.
(e) Each Annual Capital Improvements and Maintenance Charge shall
remain in effect from January through December of each year that this Contract
remains in effect. The Parties acknowledge that the payment procedures may
cause the MUD to be responsible for principal or interest on bonds during the
calendar year before Town has fully contributed its pro rata share of such
payments to MUD; provided, however, the reconciliation and payment obligations
of the Parties shall ensure that Town pays, and the MUD receives, the Annual
Capital Improvements and Maintenance Charge for each calendar year (and not
more or less).
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(f) A new Annual Capital Improvements and Maintenance Charge
shall be calculated for each calendar year in accordance with the same
methodology set forth in Section 7.2(a) for so long as this Contract remains in
effect.
(g) If all of the Property is annexed into the corporate boundaries of the
MUD, then Town’s obligation to pay the Annual Capital Improvement and
Maintenance Charge will terminate on the January 1 following the effective date
of the annexation.
7.3 Fort Worth Impact Fees. Town understands that MUD has a separate
agreement for water services with the City of Fort Worth (hereinafter “Fort Worth
Water Contract” as defined above) and that pursuant to that Fort Worth Water
Contract, MUD is responsible for collection of Fort Worth’s impact fees from new
customers that are paid to Fort Worth. Town understands and agrees that as a
wholesale water supply customer of MUD, Town will be required to collect and
pay all impact fees due under the Fort Worth Water Contract for each new Town
Customer. The Parties further agree that Town’s permitting department collects
the Fort Worth Impact Fee from each new Town Customer and each new retail
customer of MUD within the boundaries of Town, and provides a daily collection
report to MUD identifying all new customers. Town remits the cumulative Fort
Worth Impact Fees collected from all such customers to MUD each month upon
receipt of a written invoice for payment from MUD, and MUD in turn provides
payment to the City of Fort Worth. Town agrees to continue to take such actions
as may be necessary to collect or to allow for the collection from all new retail
connections of Town and MUD within the boundaries of Town an amount equal
to the impact fee assessed by the City of Fort Worth pursuant to the Fort Worth
Water Contract and to remit such sum to MUD in the amount and in accordance
with the terms set forth in the Fort Worth Water Contract. Upon receipt of such
funds from Town, MUD shall immediately remit that amount to the City of Fort
Worth. Town agrees that no new Town Customer shall be entitled to receive
water or wastewater service for which the Fort Worth Impact Fee is not collected
and paid to MUD. In the event that payment of the Fort Worth Impact Fee is not
collected from any new Town Customer, MUD may immediately disconnect
service until payment is received.
7.4 Utility Fees. The Parties acknowledge that the 2007 Wholesale Contract
provided for the Town to pay MUD a lump sum amount of $540,000 and a Utility
Fee of $2,300 for each new service connection to the Town Water Distribution
System and Town Wastewater Collection System until the total amount of Utility
Fees paid to MUD equaled $3,260,000, in consideration of the MUD’s payment
of the debt service on bonds issued to finance the construction and installation of
the existing MUD Water System and MUD Wastewater System. For purposes of
this contract, and in consideration of the receipt of Utility Fees, MUD agrees that
Town shall not be responsible for payment of debt service on ad valorem tax
bonds issued by MUD prior to the Effective Date, or any refunding thereof. The
2007 Wholesale Contract further provided that to the extent the Town paid less
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than this sum to the District as of May 7, 2013, then the Town would be required
to pay ten percent (10%) interest each year on the difference between the
amount of such fees paid to the District and $3,260,000 in accordance with a
formula set forth in the 2007 Wholesale Contract. The Parties now acknowledge
that there will not be a sufficient number of new service connections within the
Property in order for Town to collect and remit to MUD the full amount that was
required to be paid under the 2007 Wholesale Contract. As a result, from and
after the Effective Date, the Parties agree that Town’s payment obligation of
Utility Fees and interest shall be as follows:
(a) Town shall collect a fee $2,300 (the “Utility Fee”) for each new
standard service connection within the Property to the Town Water Distribution
System or Town Wastewater Collection System within the Property and tender
such fee to MUD until such time as MUD has received Utility Fees from 1,407
standard service connections within the Property (including those received under
the 2007 Wholesale Contract);
(b) From and after the Effective Date, Town shall pay to MUD the
Utility Fees collected by Town for all new service connections within the Property
during the preceding calendar month on or before the end of a calendar month.
(c) Until such time as MUD has received Utility Fees from 1,407 new
service connections within the Property (including those received under the 2007
Wholesale Contract), Town shall, pursuant to its contract with 831 Trophy LP
(“Developer”), entitled “The Highlands at Trophy Club Development and Public
Improvement District Agreement” and all prior modifications thereof, notify the
Developer of its requirement to directly pay to MUD or to provide a letter of credit
for the benefit of MUD to pay interest in accordance with the following
methodology:
1) The difference between the total amount of Utility Fees received by
MUD as of a specified date and $3,260,000 represents the “Utility
Fee Remainder” as of said date;
2) Interest at ten percent (10%) per annum shall be payable to MUD
each year based on the Utility Fee Remainder until such time as
the MUD has received Utility Fees from 1,407 new service
connections within the Property (including those received under the
2007 Wholesale Contract);
3) It is hereby agreed that, as of May 7, 2013, the Utility Fee
Remainder was $707,000. Therefore, the initial interest payment,
equal to $70,700 (which represents 10% of the Utility Fee
Remainder as of May 7, 2013), shall be paid to MUD on or before
May 31, 2014;
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4) The amount of interest to be paid to MUD thereafter (commencing
May 31, 2015) shall be calculated according to the following
methodology: where (A) equals the Utility Fee Remainder as of the
preceding May 7th (commencing May 7, 2014) and (B) equals the
Utility Fee Remainder as of the subsequent May 7th (commencing
May 7, 2015), then (A) plus (B) divided by two (2) and multiplied by
ten percent (10%) will be the amount of interest payable for the
preceding year; and
5) If the foregoing calculation of interest results in interest greater than
the maximum amount allowed by applicable law, then the amount
of interest for that period will be reduced to equal the maximum
amount allowed by applicable law.
6) Town agrees that no new Town Customer shall be entitled to
receive water or wastewater service for which the Utility Fee is not
collected and paid to MUD. In the event that payment of the Utility
Fee is not collected from any new Town Customer, MUD may
immediately disconnect service on behalf of Town until payment is
received. In the event interest is not received by MUD by May 31
of each year for so long as such interest is due, no meters shall be
set for new service connections within the Property until the interest
is paid to the MUD.
7.5 Customer Deposits. Town hereby authorizes the MUD to collect,
deposit, administer and refund customer deposits from Town Customers in the
same manner, in the same amount, and according to the same procedures as
applicable to MUD retail customers. Town acknowledges and agrees that
interest will not be paid either to Town or to Town Customers on such deposits.
7.6 Payments by Town Unconditional. Town recognizes that MUD will
issue bonds that will be payable and secured by a pledge of the sums of money
to be received by MUD from Town under this Contract. Accordingly, Town’s
obligation to make the payments required by this Contract is hereby made
unconditional. All sums payable hereunder by Town to MUD shall, so long as
any part of the MUD bonds are outstanding and unpaid, be paid by Town without
set-off, counterclaim, abatement, suspension or diminution except as otherwise
expressly provided herein; and so long as any part of MUD bonds are
outstanding and unpaid, Town shall not have any right to terminate this Contract
nor shall the Town be entitled to the abatement of any payment or any reduction
thereof nor shall the obligations of the Town be otherwise affected for any
reason, it being the intention of the Parties that so long as any portion of the
MUD bonds are outstanding and unpaid, all sums required to be paid by the
Town to MUD shall continue to be payable in all events and the obligations of the
Town hereunder shall continue unaffected, unless the requirement to pay the
same shall be reduced or terminated pursuant to an express provision of the
Agreement.
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7.7 Rate Appeals. If the Town at any time disputes the amount to be paid by
it to the MUD, the Town shall nevertheless promptly make the disputed payment
or payments, but the Town shall have the right to seek a judicial determination
whether the rates charged by the MUD are in accordance with the terms of this
Contract.
7.8 Other Charges. The Parties mutually acknowledge that each Party
currently collects certain charges and fees on behalf of the Party, as follows:
(i) MUD collects Town’s solid waste fee and taxes, and drainage fees,
on each monthly bill to Town Customers. Payments received from Town
Customers are deposited by MUD, and then tendered to Town upon
receipt of a monthly invoice for payment.
(ii) The Town permitting department collects the MUD service deposit,
meter charge, Utility Fee, Fort Worth Impact Fees, a Fire Line Fee, the
Fire Plan Review Fee, and Omnicom Fee from new MUD retail customers.
Such payments received from MUD customers are deposited by Town,
and then tendered to MUD upon receipt of a monthly invoice for payment.
Each Party agrees to cooperate in good faith with the other Party to continue
collection of fees and charges on behalf of the other Party to lower costs to, and
minimize burdens upon, their respective customers. Notwithstanding the
foregoing, in the event that it is determined that either Party does not have the
authority to collect and/or deposit charges on behalf of the other Party, each
Party shall be responsible for billing and collection of its own charges, or the
Parties shall otherwise cooperate as necessary to ensure that separate
payments are made by customers to the appropriate payee.
ARTICLE VIII.
TERM
8.1 Term. This Contract shall become effective upon approval by each of the
respective governing bodies of Town and MUD and upon execution by their
respective authorized representatives, and shall remain in effect for an initial term
of 99 years from the Effective Date or until any new bonds issued by the District
after the Effective Date (including refunding bonds for such new bonds) are no
longer outstanding, whichever is later. Thereafter, this Contract shall renew
automatically for additional terms of ten (10) years each unless either Party
provides not less than six (6) months prior written notice to the other Party of
termination before the expiration of any term.
8.2 Material Breach; Notice and Opportunity to Cure.
(a) In the event that one Party believes that another Party has
materially breached one of the provisions of this Agreement, the non-defaulting
Party will make written demand to cure and give the defaulting Party up to 30
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days to cure such material breach or, if the curative action cannot reasonably be
completed within 30 days, the defaulting Party will commence the curative action
within 30 days and thereafter diligently pursue the curative action to completion.
This period must pass before the non-defaulting Party may initiate any remedies
available to the non-defaulting party due to such breach; provided, however, that
neither Party may terminate this Contract as a remedy for default.
(b) Any non-defaulting Party will mitigate direct or consequential
damage arising from any breach or default to the extent reasonably possible
under the circumstances.
(c) The Parties agree that they will negotiate in good faith to resolve
any disputes and may engage in non-binding mediation, arbitration or other
alternative dispute resolution methods as recommended by the laws of the State
of Texas.
8.3 Equitable Relief.
(a) The Parties acknowledge that MUD is limited in its ability to
terminate this Contract in the event of Town’s default, whether a monetary
default or otherwise, because MUD has outstanding bonds and because Town
may have an obligation to provide continuous and adequate water and
wastewater services to its retail customers at the time of the default and may lack
alternative sources for service. In recognition of this, and that failure in the
performance of Town’s obligations could not be adequately compensated in
money damages alone, Town agrees that in the event of any default on its part
that the MUD shall have available to it equitable remedies including, without
limitation, the right to obtain a writ of mandamus or specific performance or an
injunction against the Town requiring the Town to levy and collect rates and
charges sufficient to pay the amounts owed to MUD by Town under this
Agreement.
(b) The Parties acknowledge that Town is limited in its ability to
terminate this Contract in the event of MUD’s default because Town may have an
obligation to provide continuous and adequate water and wastewater services to
its retail customers at the time of the default and may lack alternative sources for
service. In recognition of this, and that failure in the performance of MUD’s
obligations could not be adequately compensated in money damages alone,
MUD agrees that in the event of any default on its part that Town shall have
available to it equitable remedies including, without limitation, the right to obtain a
writ of mandamus or specific performance or an injunction against MUD requiring
it to perform its duties under this Contract.
8.4 Remedies Not Exclusive. The provisions of this Agreement providing
remedies in the event of a Party’s breach of this are not intended to be exclusive
remedies. The Parties retain, except to the extent released or waived by the
express terms of this Agreement, all rights at law and in equity to enforce the
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terms of this Agreement in addition to, and cumulative to, remedies provided in
this Agreement. The foregoing shall not be construed to authorize termination.
ARTICLE IX.
MISCELLANEOUS
9.1 Joint Meetings. The Town Council and the MUD Board of Directors
agree to hold joint meetings in each quarter of each calendar year or as the
parties mutually agree. The purpose of these joint meeting will be to discuss
matters of common interest to Town and MUD, including, but not limited to,
amendments or revisions to the MUD Conservation and Drought Contingency
Plan, amendments or revisions to the MUD Rate Order, the construction of
capital improvements to serve the MUD and the Property, the calculation and
collection of the Annual Capital Improvements and Maintenance Charge, and the
calculation and collection of any other charges due from Town to MUD under this
Contract.
9.2 Immunity. The fact that Town and MUD accept certain responsibilities
relating to the provision of Operations Services under this Contract as part of
their responsibility for providing Water and Wastewater Services to their
respective residents makes it imperative that the performance of these vital
services be recognized as a governmental function and that the doctrine of
governmental immunity shall be, and it is hereby, invoked to the extent possible
under the law. Neither Town nor MUD waive any immunity or defense against
third party claims that would otherwise be available to it against claims arising
from the exercise of governmental powers and functions. The Parties hereto
agree that each respectively waives its sovereign immunity to suit for the limited
purpose of adjudication of a claim for breach of this Contract. Notwithstanding
the foregoing Contract, remedies in such action shall be limited to those provided
by state law.
9.3 Force Majeure. If any Party is rendered unable, wholly or in part, by force
majeure to carry out any of its obligations under this Contract, except the
obligation to pay amounts owed or required to be paid pursuant to the terms of
this Contract, then the obligations of such Party, to the extent affected by such
force majeure and to the extent that due diligence is being used to resume
performance at the earliest practicable time, shall be suspended during the
continuance of any inability so caused to the extent provided but for no longer
period. As soon as reasonably possible after the occurrence of the force
majeure relied upon, the Party whose contractual obligations are affected thereby
shall give notice and full particulars of such force majeure to the other Party.
Such cause, as far as possible, shall be remedied with all reasonable diligence.
The term “force majeure,” as used herein, shall include without limitation of the
generality thereof, acts of God, strikes, lockouts, or other industrial disturbances,
acts of the public enemy, orders of any kind of the government of the United
States or the State of Texas or any civil or military authority other than a Party to
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this Contract, insurrections, riots, epidemics, landslides, lightning, earthquakes,
fires, hurricanes, restraint of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or canals, partial or
entire failure of water supply resulting in an inability to provide water necessary
for operation of the water and sewer systems hereunder or in an inability of MUD
to provide Water or receive Wastewater, and any other inabilities of any Party,
whether similar to those enumerated or otherwise, which are not within the
control of the Party claiming such inability, which such Party could not have
avoided by the exercise of due diligence and care. It is understood and agreed
that the settlement of strikes and lockouts shall be entirely within the discretion of
the Party having the difficulty, and that the above requirement that any force
majeure shall be remedied with all reasonable dispatch shall not require the
settlement of strikes and lockouts by acceding to the demands of the opposing
Party when such settlement is unfavorable to it in the judgment of the Party
experiencing such difficulty.
9.4 Applicable Law. This Contract shall be governed by the laws of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Tarrant or Denton County.
9.5 No Additional Waiver Implied. No waiver or waivers of any breach or
default (or any beaches or defaults) by any Party hereto of any term, covenant,
condition, or liability hereunder, or the performance by any Party of any duty or
obligation hereunder, shall be deemed or construed to be a waiver of subsequent
breaches or defaults of any kind, under any circumstances.
9.6 Addresses and Notice. Unless otherwise provided in this Contract, any
notice, communication, request, reply, or advice (herein severally and
collectively, for convenience, called “Notice”) herein provided or permitted to be
given, made, or accepted by any Party to the other (except bills), must be in
writing and may be given or be serviced by depositing the same in the United
States mail postpaid and registered or certified and addressed to the Party to be
notified, with return receipt requested, or by delivering the same to such Party,
addressed to the Party to be notified. Notice deposited in the mail in the manner
hereinabove described shall be conclusively deemed to be effective, unless
otherwise stated in this Contract, from and after the expiration of three (3) days
after it is so deposited. Notice given in any such other manner shall be effective
when received by the Party to be notified. For the purpose of notice, addresses
of the Parties shall, until changed as hereinafter provided, be as follows:
If to MUD, to: If to Town, to:
MUD Manager Town Manager,
100 Municipal Drive 100 Municipal Drive
Trophy Club, Texas 76262 Trophy Club, Texas 76262
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The Parties shall have the right from time to time and at any time to
change their respective addresses and each shall have the right to specify any
other address by at least fifteen (15) days' written notice to the other.
9.7 Merger and Modification. This Contract, including the exhibits that are
attached hereto and incorporated herein for all purposes, embodies the entire
Contract between the Parties relative to the subject matter hereof. This Contract
shall be subject to change or modification only with the written mutual consent of
all Parties affected by such change or modification.
9.8 Severability. The provisions of this Contract are severable, and if any part
of this Contract or the application thereof to any person or circumstances shall
ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Contract and the
application of part of this Contract to other persons or circumstances shall not be
affected thereby.
9.9 Successors and Assigns. This Contract shall be binding upon and inure
to the benefit of the Parties hereto and their successors. This Contract shall not
be assigned without the written consent of the governing bodies of the respective
entities.
9.10 Benefits of Contract. This Contract is for the benefit of the Parties and
their successors and assigns and shall not be construed to confer any benefit on
any other person or entity except as expressly provided for herein.
9.11 Consent and Approvals. Whenever this Contract provides for the
approval or consent of one of the Parties, such consent or approval shall not be
unreasonably withheld or delayed.
9.12 Authority. This Agreement is made and entered into pursuant to the
provisions of the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter
791; V.T.C.A. Local Government Code, Chapter 552; V.T.C.A. Water Code
Chapters 30 and 49, and other applicable law.
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TOWN OF TROPHY CLUB, TEXAS
By:
Name: C. Nick Sanders
Title: Mayor
Date:
ATTEST:
By:
Name: Holly Fimbres
Title: Town Secretary
TROPHY CLUB MUNICIPAL UTILITY
DISTRICT NO. 1
By:
Name: Kevin Carr___
Title: President
Date:
ATTEST:
By:
Name: Laurie Slaght
Title: District Secretary
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EXHIBIT “A”
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EXHIBIT “B”
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