The URL can be used to link to this page

RES 2003-40TOWN OF TROPHY CLUB RESOLUTION NO. 2003 - 40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, APPROVING A CONTRACT FOR THE TRANSFER OF STORM DRAINAGE FACILITIES FROM TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 TO THE TOWN OF TROPHY CLUB; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Town of Trophy Club (the "Town") is a general law municipality of the State of Texas, located in Denton County, Texas; and WHEREAS, Trophy Club Municipal Utility District No. 1 ("MUD1") is created and operates pursuant to Article XVI, Section 59, of the Texas Constitution and the general laws of the State of Texas, including Chapters 49 and 54 of the Texas Water Code, as amended; and WHEREAS, MUD1 is the owner of legal title to various water, sanitary sewer, storm drainage, and related utility facilities located within its boundaries; and WHEREAS, with regard to storm drainage facilities, MUD1 has historically constructed, owned and maintained underground storm drainage facilities within its boundaries located within the Town, from the curb inlets down through underground storm drainage pipes and valves, and the Town has constructed, owned, and maintained the streets and the surface storm drainage facilities within the Town boundaries; and WHEREAS, because many of MUD 1's underground storm drainage facilities are located beneath the streets or within street rights-of-way, the Town's street repair and reconstruction projects have required work on MUD I's storm drainage facilities; and WHEREAS, MUD1 and the Town have attempted to cooperate on projects affecting both the streets and storm drainage facilities by coordinating their respective governing boards, staff, engineers and contractors to review and approve plans for repair and reconstruction and by sharing the costs of such projects in a reasonable manner; and WHEREAS, Town and MUD1 believe that a transfer of the underground storm drainage facilities to the Town will allow the Town to plan and complete the repair and reconstruction projects with greater speed and costs efficiency for the benefit of the property owners, taxpayers, users, and citizens of both the Town and MUD 1; and WHEREAS, the Town has determined that it is in the best interest of the Town and its residents for the Town to accept the transfer of the storm drainage facilities owned by MUD 1 and to take ownership and maintenance responsibilities for those facilities; and WHEREAS, a written Contract for Transfer of Storm Drainage Facilities (hereinafter "Contract") from MUD 1 to Town memorializes the terms of the transfer, a substantial copy of which Contract is attached hereto and incorporated herein as Exhibit "A" to this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That, based upon the foregoing premises, the Town of Trophy Club, Texas, hereby determines that the acceptance of ownership of the storm drainage facilities in accordance with the terms and conditions of the Contract for Transfer of Storm Drainage Facilities, Exhibit "A" hereto, serves the best interests of its residents; Section 2. That, the Town hereby approves the terms of the Contract and authorizes the Mayor or his designee to execute all necessary documents to effect the transfer; Section 3. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Coyxfcil � the T/o pf Trophy Club, Texas, this 3rd day of November, 2003. of Trophy Club, Texas ATTE Town Secretary Town of Trophy Club, Texas >� c [SEAL] ;`0 C: APPROVED AS TO FORM Town Attorney Town of Trophy Club, Texas `.'gayA,_ EXHIBIT A CONTRACT FOR TRANSFER OF STORM DRAINAGE FACILITIES 1. Parties. This Contract for Transfer of Storm Drainage Facilities (the "Contract") is between the following parties: and Trophy Club Municipal Utility District No. 1 ("MUDI") 100 Municipal Drive Trophy Club, TX 76262 Town of Trophy Club (the "Town") 100 Municipal Drive Trophy Club, TX 76262 MUD is a municipal utility district created and operating pursuant to Article XVI, Section 59, of the Texas Constitution, and the general laws of the State of Texas including, particularly, Chapters 49 and 54 of the Texas Water Code, as amended. MUD is acting by and through Dean Henry, the duly authorized President of MUD Is Board of Directors. This Contract is executed by MUD in its capacity as the owner of legal title of the MUD Storm Drainage Facilities as described below in this Contract. The Town is a Type "A" General Law Municipality located in Denton and Tarrant Counties, Texas, acting by and through Scott Smith, its duly authorized Mayor. 2. Background and Purposes. a. MUD was created and organized in 1975 as Denton County Municipal Utility District No. 1 with territory totally within Denton County (as Denton County existed at that time). In late 1982 the territory of MUD was expanded by the annexation of land located in Tarrant County, and the name of MUD1 was changed to Trophy Club Municipal Utility District No. 1 effective as of April 1, 1983. b. MUD is the owner of legal title to various water, sanitary sewer, storm drainage, and related utility facilities located within its boundaries. The utility facilities owned by MUD 1, as well as the similar utility facilities owned by Trophy Club Municipal Utility District No. 2 ("MUD2"), are currently (since October 4, 2000) operated by an administrative agency known as the Trophy Club Master District (the "Master District"). The Master District has been established by an interlocal contract between MUDI and MUD2 pursuant to Chapter -1- 791 (the Interlocal Cooperation Act) of the Texas Government Code to jointly provide governmental functions and services for both MUD 1 and MUD 2. MUD 1 and MUD2 (and their predecessors) were created, organized, and began their operations before the Town existed. C. The Town was incorporated and organized following an election of voters held on January 19, 1985, but MUD 1 and MUD2 have continued to exist and operate along with the Town. d. With regard to storm drainage facilities, MUD 1 and MUD2 historically have each constructed (or caused to be constructed), owned, and maintained (or caused to be maintained) the underground storm drainage facilities within that part of their respective boundaries located within the Town, from the curb inlets down through underground storm drainage pipes and vaults, and the Town has constructed (or caused to be constructed), owned, and maintained (or caused to be maintained) the streets and the surface storm drainage facilities within the Town boundaries. (Note: MUD 1 does not own or maintain any of the underground storm drainage facilities within the area of MUD known as Solana - Westlake, and which is located within the boundaries of the Town of Westlake). e. Within recent years the Town has performed a number of street repair and reconstruction projects to correct and maintain the streets in the Town. Because many of MUD Fs inlets and underground storm drainage facilities are located beneath the streets or within street rights-of-way, the Town's street repair and reconstruction projects have required work on MUDI's storm drainage facilities. In at least some locations it appears that the need for street repairs or reconstruction has been caused or aggravated by the need for repairs to the underground storm drainage facilities. On other locations the underground storm drainage facilities appear to be in good condition, but the construction plans of the Town have required or proposed work that impacts the underground storm drainage facilities. The District and the Town have attempted to cooperate on these projects through their respective governing boards, staffs, engineers, and contractors to review and approve the plans for repair and reconstruction work and to allocate between the Town and MUD 1, MUD2, or the Master District the construction, engineering, and other costs of such projects in a reasonable manner. However, disagreements have arisen between the parties regarding these projects. After discussing these matters over many months, MUD 1 and the Town have determined that these disputes can best be resolved and avoided and their respective interests and the interests of their respective property owners, taxpayers, users, and citizens will best be served in the future by having MUD 1 transfer to the Town the ownership and related operation and maintenance responsibility for all of the underground storm drainage facilities owned by MUD 1. f. The parties believe that the transfer of the underground storm drainage facilities to the Town will allow the Town to plan and complete the repair and reconstruction projects with greater speed and cost efficiency, for the benefit of the property owners, taxpayers, users, and citizens of both the Town and MUD 1. g. The storm drainage facilities being transferred by MUD to the Town under this Contract constitute an insubstantial part of MUD Is utility system and the disposition of this portion of the utility system will not substantially impair the revenues or operations of MUD I's utility system. Because MUD 1 no longer intends to provide storm drainage facilities and services, the storm drainage facilities being transferred to the Town are surplus property of MUD 1 and are no longer needed by MUD 1. h. This Contract is executed by the Town and MUD 1 as a transfer of property from a district to a municipality pursuant to Section 49.226(b) of the Texas Water Code. i. This Contract has been authorized by the governing board of each party to this Contract. The governing board of each party to this Contract has determined that the terms and conditions of this Contract are in the best interest of that party and are necessary or advantageous to that party. 3. Agreement to Transfer. MUD agrees to transfer and convey to the Town, and the Town agrees to receive from MUDI, all of the ownership rights, titles, and interests in and related to the storm drainage facilities owned by MUD 1 and located within the boundaries or extraterritorial jurisdiction of the Town. The general location of the storm drainage facilities being transferred by MUD to the Town pursuant to this Contract is shown on the attached Exhibit 1. The storm drainage facilities to be transferred and conveyed by MUD 1 to the Town are referred to in this Contract as the "MUDI Storm Drainage Facilities." The transfer and conveyance shall include a transfer of full legal ownership from the MUD 1 to the Town of the pipes, inlets, vaults, access holes and covers, valves, equipment, inventory of spare components, and other tangible items of property constituting a part of the MUD 1 Storm Drainage Facilities, as well as an assignment from MUD 1 to the Town, to the fullest extent allowed by law, of all easements, rights-of-way, permits, and other intangible rights relating to the MUD Storm Drainage Facilities. An itemization of the tangible property comprising the MUD Storm Drainage Facilities is attached to this Contract as Exhibit 2. An itemization of the intangible rights relating to the MUD Storm Drainage Facilities is attached to this Contract as Exhibit 3. 4. Consideration. In exchange for MUD 1's transfer of the MUD 1 Storm Drainage Facilities to the Town, the Town agrees that, as of the effective date of this transaction, all maintenance and operations of the MUD 1 Storm Drainage Facilities are transferred to and assumed and thereafter shall be performed and paid for by the Town, and MUD 1 and the Master District are relieved of and released from any further responsibility to operate and maintain same. The parties agree that no other consideration will be paid by either party to the other for the transfer of the MUD Storm Drainage Facilities. The parties agree that this is sufficient consideration for this transaction. -3- 5. Closing Documents. In exchange for the Town's execution of this Contract, MUDI shall execute and deliver to the Town a Bill of Sale to the tangible assets comprising a part of the MUDI Storm Drainage Facilities; an Assignment of the easements, rights-of-way, permits, and other intangible rights comprising a part of the MUD 1 Storm Drainage Facilities; and/or other instruments legally sufficient to convey to the Town full title to the MUDI Storm Drainage Facilities, free and clear of all financial liens, claims, and encumbrances, but subject to any and all existing and valid conditions, easements, restrictions, zoning ordinances, and other governmental rules and regulations applicable to the MUDI Storm Drainage Facilities. 6. Condition of Items. It is expressly recognized that the MUDI Storm Drainage Facilities were originally constructed in many different projects over a period of years dating back to about 1976 and have been in continuous use and operation since their construction, with normal maintenance. The Town has had the opportunity to inspect the items comprising the MUDI Storm Drainage Facilities prior to execution of this Contract to satisfy itself regarding the condition of the facilities. THE TANGIBLE ITEMS COMPRISING THE MUDI STORM DRAINAGE FACILITIES ARE TRANSFERRED, CONVEYED, AND ACCEPTED "AS IS" AND "WHERE IS." THE DISTRICT MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDITION OF THE MUDI STORM DRAINAGE FACILITIES AND ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. As part of the conveyance, MUD 1 assigns to the Town all rights and remedies (if any) of MUD 1 under any construction contracts, payment and performance bonds, and manufacturer warranties relating to the MUDI Storm Drainage Facilities. After the effective date of this Transfer, the Town shall be solely responsible for compliance with any and all applicable governmental regulations and requirements relating to the MUD 1 Storm Drainage Facilities. 7. Other Contracts. MUDI and the Town are parties to other contracts relating to other subjects. This Contract does not amend such other existing contracts between the parties. 8. Cooperation. The parties to this Contract agree to cooperate to execute and deliver any other documents that may be necessary or appropriate to implement the provisions of this Contract, including appropriate communications with the Texas Commission on Environmental Quality and other governmental agencies, contractors, engineers, and other parties related to or affected by the MUDI Storm Drainage Facilities. If the Town requests services from the staff of the Master District or use of the equipment operated by the Master District to maintain the MUDI Storm Drainage Facilities after the effective date of this Contract, then the Town will pay the Master District for such services and equipment usage on terms negotiated by the Town and the Master District; which said terms are annexed hereto and made part hereof as Exhibit 4. 9. Entire Agreement. This Contract represents the entire and integrated agreement between the Town and MUD 1 regarding the MUD I Storm Drainage Facilities and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Contract may me be amended only by written instrument signed by both parties. Each of the Exhibits attached to this Contract is made a part of the Contract for all purposes. 1.0. Venue. The laws of the State of Texas shall govern this Contract 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. 11. Severability. In the event that any portion of this Contract 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. 12. Non -Waiver. All rights, remedies and privileges permitted or available to either party under this Contract 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 remedy or privilege. Additionally, one instance or forbearance by 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 Contract shall not result in a forfeiture of any rights, remedies, or privileges under this Contract by such defaulting party. 13. 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 Contract 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. [continued on next page] M2 10.14 of I I HIM LOCATION OF MUDI STORM DRAINAGE FACILITIES [Location sketch or map to be provided by Trophy Club Public Works Dept or engineer showing general location of the MUD Storm Drainage Facilities. Storm drainage facilities in Solana - Westlake should not be included.] 2i 4 D 00 EXHIBIT 2 TANGIBLE PROPERTY BEING CONVEYED [Itemization of quantities of pipe, vaults, valves, etc., that constitutes part of the MUDI Storm Drainage Facilities being conveyed, as shown in GASB 34 records or in the Maximus Appraisal Report dated 9/30/021 C) C) C) c C) 0 CD C) 0 0 C) ED C) (D C) C. C) C) LO to 4 (D C? C) to co to CD 0 (0 C) C) (D C) CD 4�, w C) 0 (D C) C) to ;UM C2 On q m C2- ;u m -- - 0 0 z 0 0 0 0 z 0O z 0 0 0 Zn 5; a m 5 CU — a m 5; "n C C 0 0 0 0 -0 0 -u 0 ► o 0 X C) X 0 X 0 ;0 0 X n 0 -n 0 -n 0 -n -n n m m C/) m 0) m 0) m 0) m Cl) 0 0 --1 0 --q C-) -.q 0 .!� 0 --4 --q 0 0 0 0 0 0 '0 0 z z z 0 z zZ0 � C-) p 0 v0 ;u 0 0 X X X z m z In z m z In z m z M 8> > -4 CR C, -4 Xj m C) m m m C) m C=) 00 m Ln C/) Cf) 17 CD Cl) cn Ez cn n m -n m -n m C m A- mA I -n X ;0 X C/) rj) cn cl) co cn C? C, C) CD0 0 -4 -4 4 a) CY) CA Ch C.) QCA .9 -4 03 w Cl C) C) CDC) C) -0 C) 0 0 rC) co n rn 00 W 00 Op C:) 03 U) CA C) CD 0 6 6 C) C:) C) CD 0 0 C) C=) 0 0 CD 0 0 0 11 X 0 0 3 0 CA 2� 00 0 CD 10 CL CD go 0 fA Cal Q. 0'R. 15. CL M Q— z > 010 CD N N m 0 z W cn rL r -r 'R co .Z�. 0cri CD 0 C:) 0 0 n X 0 0 cn C: X C) C= C') X Tj M 0 jjT X cn < 0 ► C= m 0 0 0 0 0 0 0 0 o II j 0 0 0 0 0 0 0 0 0 "o 0 3 0 (n D �CD n Go C,) a t� v, cn 0 0 0 0 00 O-n §O = i G) 0 O C C � M O T M v < In W --4 C X m .a W W r W V -J 07 Gn O Cn N -P U- C O C) co 0 0 CD A Cin O 0 cn 0 c n11 0 p toJ7 0 O p 0 p C 0 O O O O O O O O O O C 0 0 0 0 0 0 0 0 0 m m m m jto N N N N N N N N N O O O O O O O O O v a N r O (D co cn A 0 0 0 0 0 00 0 0 0 m M ; 'N'- m m o2 ;U m �? m rn O0 m o2 02_ ;U v O z O z O z p O z o O z v O z v O z v O z o 0 o _v v Co -0 O D v D v 0 D -00 0 v O D 'Co 0 D u 0 D O D p D O X O X O X O;Q O;u O X 'O ;u O X O -n 0 -n .0 -n 0 -n 0 T 0 'n 0 -n n -n 0 -n C -q Co C/, CA N v � v 4 v -q 0 0 0 O v 4 O 0 O 0 O 00 0 O 0 O 0 O 0 O 0 O X O M 0 X O ;o O O 0 0 X O X z z z z z z z M z r. o v 0 v v v Cl X v v X v Z m m n z m Z m n m D m D Dz Dz 8 b WO b O N p rii N G8 CJ7 m N m N m W m o m o m o m cn m C m T CDCT CO)Cl T m T m 'C m -Cn m T C 'cn -n m XMX X a) WO 0) O O Cl O Cl - O O O Cl 0 0 0 0 0 0 0co 0 0 co co co co a o m m C)((°0 --4 rn cn w con cc" con w w con coil 0 0 0 0 0 0 0 0 o II j 0 0 0 0 0 0 0 0 0 "o 0 3 0 (n D �CD n Go C,) a t� v, cn 0 0 0 0 00 O-n §O = i G) 0 O C C � M O T M v < In W --4 C X m .a W W r W V -J 07 Gn O Cn N -P U- C O N co N CD A Cin O Q cn c n11 O p toJ7 O O p O p C O O O O O O O O O O C 0 0 0 0 0 0 0 0 o II j 0 0 0 0 0 0 0 0 0 "o 0 3 0 (n D �CD n Go C,) a t� v, cn 0 0 0 0 00 O-n §O = i G) 0 O C C � M O T M v < In W --4 C X m W V V O (WJl O C.77 N O N N A Cin O O (n con O O Ut O O O O Cn O O O O O O O O O C 0 0 0 0 0 0 0 0 o II j 0 0 0 0 0 0 0 0 0 "o 0 3 0 (n D �CD n Go C,) a t� v, cn 0 0 0 0 00 O-n §O = i G) 0 O C C � M O T M v < In W --4 C X m j co W w o (''4 Cb -00W C7D O W vO NO O W CD �O p Ut CT ClCD Q O O O O O O O O O A co P Cb CT p W W O Ocn co Cr1 p] (D W W O O O W ClO OO O O 0 O O O O O O Cl O 0 0 0 0 o I) 0 0 0 0 0 0 0 0 0 0 0 0 N o 0 0 a cn 0 0 0 o m 0 0 0 0 0 cl. 0 O 0 o (D D Z -,n j ;u 0 v 0 j --1 0 0 0 J 0 � 0 C� 0 0 m 4 N .P O W Q .P O NO p CX) O v --1 Z N O co N O CWT 'OU T N O Wci n n -0 C) 0 O O O 0 .p O 0 to O O O O O O r:L7 Co 0 0 n jC O -n Cl) 0 z 8 m m mr1r m p 0 o 0 z m m O Co Cn CA 0 G7 m 5m m m O n my n z m in OW] o o a, D v o co O zmzmznz +n m co m m n v 0 z W v+ -C *+ i' -n C/) O D o m m CO)rCf)pt m m o 0 z 0 °' oo a v O -n a) p rn m Cl)N m m v 0 z O P4 '' a' M O -n 0) m m m p m v n z m rn O o -n --t m p mo O z m m m 0 m n z m M Cil A o J o c O „ O z m m z O m 0 mv Z m N co n v D o 0 cn oM z m C/) m 0 m 0 Cl _� 0 _ 0 o 0 0 0 0 0 0 0 zt CT to m —4 to CIO da coo w o 00 � o -4 m co w 03 -4 ca co o � � 'o CCA CA CD � v � � m0) CA � Er rn cn j co W w o (''4 Cb -00W C7D O W vO NO O W CD �O p Ut CT ClCD Q O O O O O O O O O A co P Cb CT p W W O Ocn co Cr1 p] (D W W O O O W ClO OO O O 0 O O O O O O Cl O 0 0 0 0 o I) 0 0 0 0 0 0 0 0 0 0 0 0 N o n a cn d m 0 0 0 O o (D D Z -,n p ;u 0 --1 G) n O W C --1 Z rn 'OU T n n -0 rn cn r:L7 C= C*) m C X m 0 r v � O3 m � 'o CD v Er CDS s m �v o. cu O n O N v r o m = n m o v �. Am z N C� S j m x c N O _ r CD Cl) U) MO x X �z c _ N Z5, M C l a � W M c 0 C:-n5;am5cm 00 -n cn 8 z m CD ;o C/) 0 C C 0 C C C N G) m 0 0 -n z M Cf) X Cl) ;o 0 z 0' 0 m 0 0 z 0. ;o In t14 N 5;c=,—C:, c) x o 0 -" CA z m cn X (j) ;o m o 0 X m z 0 ;o m Pi Cl C: K) > G) o 0 -n 0 z m cn C/) C) C) C) C) CD 77� C) co 4 C) 0 a) 0 to 0 (0 C) co -4 C? C? C) IR CA C? C? cAo oo C) C) P 0 FA cn to C) C) N. Cl to C) C) 0 0 to 0 co 0 ro C> 0 C:-n5;am5cm 00 -n cn 8 z m CD ;o C/) ;U M z o m cl 0 0 z 0 m C) C: W G) 0 -0 -n . z m cn CO ;o z 6 0 ;o m 0 0 Z. Z 0 N 0 0 -0 0 -n _4 0 0 z m CO) X cn ;o 0 z o 0 ;o m 0 z 0 m N G) m 0 0 -n z M Cf) X Cl) ;o 0 z 0' 0 m 0 0 z 0. ;o In t14 N 5;c=,—C:, c) x o 0 -" CA z m cn X (j) ;o m o 0 X m z 0 ;o m Pi Cl C: K) > G) o 0 -n 0 z m cn C/) ;o max z o 0 0 0 z 0 ;o m M -4 C: 5 G) o a -n C) g 0 z m 0 co ;0 m 2 -n 0 0 X 0 0 z 0 ;o m -C.) C) C 0 > G) 0 -00 0 -n - 0 04 Z C8 m 0 C/) ;0 m E M 0- 0 0 z 0 m m co C o x 0 C: "U -n z m 0) ;o co C? C) IR CA co C) CYI tn C) C) P 0 FA cn 0 0 p 2 p C:) C? C) !R C) C) C) C�l Co C) 0 0 t -4 4 to co co co co co -4 -4 co (0 co co co co co m C" C-" Ln0) coil C 0) (A 0) CA con rn CA N) CC."Tf p rl) b 00 , Ilw iW !0 A. co cn C) C$ CA CA 00 C) cn O p p 5p p 0 p C) O O CD CD CD C) C) C) CD p p p p p p p p p II CCCC0 CCCC A) 0 0 CDC4 0 c 0 CL 0 CA b. CTI O ONO Ch co ca " I -P C) C) con CA co C) CYI tn CD C) P p FA cn CD 0 p p p C:) C�l C) C) C) C) C�l Co C) 0 N) CC."Tf p rl) b 00 , Ilw iW !0 A. co cn C) C$ CA CA 00 C) cn O p p 5p p 0 p C) O O CD CD CD C) C) C) CD p p p p p p p p p II CCCC0 CCCC A) 0 0 CDC4 0 c 0 CL 0 0 0 0 C) 0 0 0 0 0 y � j N. j 0 O m 0 O 0 0 O j 0 O co 0 v 0 CD 0 (D j 0 to � Cl rfl � NO NO O p V p Ut D7 J O Clt C? cn A C? W cn� N _. O WO 0 .p 0 A 0 0 O 0 to 0 W W W W G) m o rn Wo rn o m o m o rn o m m o m o, m Z v_ O Z v O Z v O Z v 0 Z v O Z v_ O v O O Z v O Z Z v 0 v O D u p D -Co O a Co O D -Go O D O D v 0 D v O D O X O� O� O X O 7 O n n n n -O n -n 0 -n n -n 0 -n m m TI Cn 0 Cn 0 CA 0 p O O �� v Cl) O 0 O 0 O 0 O n O 0 O n O n O n O :U O :o O ;o O :C7 O :L7 O T) O .-a O O z 3i z z z z z 00 v I z m z m z m z m z In z In z m z !T� D D D O i m co m o rn o m rn m N m co m N m o m 5rrcn Cn fTl ;o .X X Cl) CA cn cn cn cn CD En CA O O O O O O O O' O co co m co co to m CD mm CIA CA Celt Colt CO71 - CCA CA Clt U1 _.CA)P 0 PO W 'A CD t0 tD Ct) :J M IV p Ut V CS7 Ut Cil CJt CTt O OO O 0 O 00 OC. O 'to co to ND CD CYI -4 CA O O OCD 0 O O O O O O O O O O O O O O O I 0 0 0 0 0 0 0 0 0 o n C1 N (D N •2' 0 CL i m x c O r CD cn cn mn x X L� z cnc o' 0 C7 W m m t� 0 Cn 0 0 0 0 00 Z = 7I O 0 U) YI n O CO C � Z M 0O T -o 0 X W C rn C:) 0 0 0 0 0 0 0 0 o co 0 03 O O i -J O O W _CAn O i W .0A con O O W OWD O O O _ N N O C) 0000 CX) 00 U) O O OO CD C) O CD O i 00 O O 00 ( ( O p j O N O N O N O s NO 000 m i W N O A to O A O A C.0 O co O A O O A co O A O O ro O to O rn m owi m m m m w m w m `'' m - x D Cv O D-5 O D v O D u O D -Co O D v p -u p D -Co O D v O v GOn p O O O O m O O � OO m-TTmm m m m m mw m C/) O 0 O n O 0 0 o 0 0 64 0IOn p O ;u O :U O :U O :D O ;u :U O ;7 O X �p mp mm m mmm.rn mm -i � -+ z m z In z n Z z -m� z m z M Dz m bz ao G) G8 D i w GDS CJ N G8 CA m C) G7 a -4 +n rn m m c.n m N m C" m 00 m m O) m A cz N C(n m N m m N cn Cf) 03 O O O O O O 0 0 0 0 0 0 0 0 0 co � co -4 m � v Co —I O) A O A c0 00 C0'1 CCA c0!) cncon c0T cOn cOn G0n cp co C O O co -5 O v p O .fa O O O 4m O O O N O O O N co O 0 cfl co O 03 O O i -J O O W _CAn O _ J cn O O W .0A con O O W OWD O O O _ N N O C) 0000 CX) 00 U) O O O O O O O O O O O O O 0 O O O O O O O � CCL N D N z C') Co CJ) CL m m p Cn cn O o 0 O O n x O G 0 CO C C � z T M p �I W C X m C C C 0 C C C C) co C) Cilco CD C) C) C, C) C) C) C) C) C, CD C) 0 C) C) C) C) C) C) C) 0 (0 C) m CD 0CD C) Cl C) C) 0 C) a) Cl -4 C) C? Cl C) -t�--A. C) co C) C) CD C) O C) 0 C) C) co CD C) CD C=) M N m m Dv Co m m02 x m Cli- 0 z 0 o 2 6 0 0 2 0- 0 z 0 —Z 0 0 -n — C C -n C m 5 m — mc > -0 0 0 -D 0 0 > C) 0 0 0 o ;o C) X 0 X 0 X 0 X 0 X 0 0 X 0 n -n 0 -" 0 -n -n 0 -n 0 -n 0 -n 0 -n m 0 m m CC CP m Cl) m CA m C/) m rn m cn Cl) 0 4 0 a 0 --1 0 --1 0 --1 0 --1 --1 8 0 0 0 8 C') 8 0 0 0 0 0 0 0 0 X 0 X 0 ;u 0' ;o 0 ;o ;o 0 ;u 0 0 X z z :e z z z z z z 3: 0 X 0 0 0 0 0 0 0 0 0 mm Eq . xi m m zIn z m z M z m z Z m z M z In z 8 -M 8 cp 00 CD m rn m cn m 00 M m -9� m m m C/) co cn C: cn Ez co 0) !; cn c) (z cn m -n m M -n m -n m -n m m„ m X ;o X ;u ;o ;o X ;o co cn CY) co ch cn cn Cl) C?0.9 C? C? co coo co co co co C"m rn rn CY) 0) con rn cn CA cn cn en al cn cn cn -co 4 03 CD n o Cil C) 00 co CD CD CD cC) Cl C) C) C) C> 0 (" I CD 00 co C) CA C) 6 C) C. 6 C) C) o Cil C=) 6 -co co C) Cilco CD C) C) C, C) C) C) C) C) C, CD C) 0 rm, 4 Q— z 0 z 0 0 0 0 0 0 0 0 0 A v O v O Co0 0 ;u K z m � m Z O n vm 0 o Z In co � -: v O v CO 0 z m � m O n o n O m n m Cl "n Ci v O C 0 o � m � m z n vm n O 0 -mi m o � O 0.0 v (0 O eo O O -n u, o ; z O m O ' O O j O NN O O O 00 cn O co A O 00 W l N O N 0 O i O O O O Cb O O A O p O A O O A O O A O O A co 00 A co 00 j > X O -Co O CO X z D m m z O n O m A rn n v O O CD o z D m � m z p -O n n a m p � v O O 0 ;u z M S m Z n ci O In � o "f7 A v O v O Co0 0 ;u K z m � m Z O n vm 0 o Z In co � -: v O v CO 0 z m � m O n o n O m n m Cl "n Ci v O C 0 o � m � m z n vm n O 0 -mi m o � 0? v TO o ;a � z O m m O n vm n O 0 -mi m m O 1' O O -n u, o ; z O m z O X n o n O 0 m D O O -n CO o X z O m m m m !!llm�lll) m m cn m N m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 "4 A _ co -4 co O co (o -4O (� to Gt CA CA CA Cit Cil CA CA Ch .f N O W O GWJI CWJt v CA .a a IV p0 p p CAN Cl O CTA O I O O O p O Cl O O O O O O O 00 N NJ cn O -AJ O O cn O O UNi O O p p O O O O O O O O O O O O p p .p p p p p p II O CD O O 0 O O O O C1 D) CD Co v a v CA c 0 Cl) Q— z oD m 0 0 Co Cl) m C co ' 0 0 0 O 00 m ;7 O C n a c C -I CD C z M 0 � A r C C x m O O o O O Cl 0 O 0 O 0 O 0 O 0 O °� o O O to O co O co O (O 4 O (O j O w -4 O w j O O N O N O N O N O N O N O N O N O Con A W N � O (OD CO -4 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O A v W (A00 A - N OD O W p 0 0 0 0 c0r) 0 0 0 Co 0 0 0 0 0 0 0 0 CC A co -OJ a) O (+) (O O v O m W N N O OCk O O 00 O O CTt O O O' O O O O O O O 0 O O 0 0 0 0 0 0 0 0 o i 0 0 0 0 0 0 0 0 0 o 0 CL °) (D y 0 CD tQ 9 6 f O O m � Z \ 08 mp, C: m 0 CCD o v a N z 3 � m 0 0 CO N (a N O O O O 0 z = ;D X O O a C O 0 c --1 co X Z M 0 -n D :L7 r- c 03 C X m °� o M x m m ^' m ^? m Cb m m N 0 m 0 m m o z g O zn °' Z x C -Zn x C 'Zn 0 D C -n ` D c -o -n C -n y � -" D c O D v ° a 0 w cn ~ 0 n cn 0 n 0 n O 0O C7 0 0O C7 0 C) 0 O C7 O 0 0 Cl) 0 cn 0 Cl) 0 CA 0 N 0 CO 0 to 0 O 0 O n O 0 O 0 O n O 0 O 0 0 0 O O Z :a O Z a O Z :a O Z :1 O Z O Z ;o g O Z ;u O Z ;a 0 0 0 0 X O CJ. X 0 X 0; 0 r zm m z� z_m Z zm �� D D D- z D 8 D A N D 8 cn t0 D 8 m oD (p D iii m - A m 8 m O r � 8 m O )8 m OW +n m W N O m m O m A -n C 't'1 -n T mC A m m -n m j m m -n m 9 m A m A. m co Cn CA fn In Cn Cf) fn Cl) O o o O o 0 0 0 0 0 co (too w co 000 --4 m (t°o to t 8 OD OCO C)) CaJ)i cn G) C" COi1 CO)t m cn cn A v W (A00 A - N OD O W p 0 0 0 0 c0r) 0 0 0 Co 0 0 0 0 0 0 0 0 CC A co -OJ a) O (+) (O O v O m W N N O OCk O O 00 O O CTt O O O' O O O O O O O 0 O O 0 0 0 0 0 0 0 0 o i 0 0 0 0 0 0 0 0 0 o 0 CL °) (D y 0 CD tQ 9 6 f O O m � Z \ 08 mp, C: m 0 CCD o v a N z 3 � m 0 0 CO N (a N O O O O 0 z = ;D X O O a C O 0 c --1 co X Z M 0 -n D :L7 r- c 03 C X m .b. C) N. C) -Ul rn CA C) cn al p p p C) |� � 00 un r-4 P - Sh m ;ou 'm x m z p Z --�4 0 C) C n a 0 0 X 0 X 0 0 0 -n .M 0 m 0 0 ;a 0 M z z R ƒ In z G3 W 8 G m C=) a). m C** U) X X CD V) co .4 C" L" -CD -Ul rn CA C) cn al p p p C) |� � 00 un r-4 P - Sh CM CA p C) C) -Ul rn CA C) cn al p p p C) |� � 00 un r-4 • INTANGIBLE RIGHTS RELATING TO MUD1 STORM DRAINAGE FACILITIES Any and all approvals, permits, or easements relating to the storm drainage lines in or serving Trophy Club MUD 1, but excluding the storm drainage facilities located within Solana - Westlake (which are not owned by MUD I) 2. Any and all contract rights with contractors relating to the construction, maintenance or operation of the MUD1 Storm Drainage Facilities EXHIBIT 4 MASTER DISTRICT SCHEDULE OF CHARGES The Town and MUDs will share equally the operation, maintenance and reserve for replacement costs of the jet trailer, jet truck, and camera van. The operational and maintenance costs are budgeted at $20,740 for FY 03-04 Given that this equipment has been used approximately 10% of the time in conjunction with the storm sewers the Town would then be entitled to $8,296* of employee time charged at the actual rate of the employees operating the equipment. At an average pay and benefits rate of $16.15 per hour ($33,600 annual) times 3 employees (required crew) the Town would be entitled to 171 hours of equipment use annually. ($8,296/($16.15 X 3)). Amount of time available to the Town would vary based on actual operation and maintenance expense using computation below. There will be no bills or statements sent until such time as annual use of the equipment by the Town exceeds the agreed to amount. At which time the MUDs will bill the Town for employee time only. The sharing of the cost will be accomplished in the same manner as it is currently being done on all other areas where costs are shared. It will be accomplished in the finance department and the finance department will track the amount of hours the equipment is being used by the Town and generate a bill for employee services at the point it becomes necessary. *If the equipment is only used for 10% of the time on storm sewers, then the Town should only be obligated to 10% of the costs. The difference should be applied to offset MUD employee costs up to the 50% level. ESTIMATED OPERATING COSTS X 50% = TOWNS PORTION $20,740 X 50% = $10,370 $20,740 X 10% = $2,074 DIFFERENCE = $8,296 14. Execution and Date. This Contract is executed by the parties in multiple counterparts. This Contract shall be effective for all purposes after Town enacts all necessary ordinances, including but not limited to the appropriate fee ordinances, and such ordinances have the force and effect of law. TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: Dean Henr , Pres dent of the Board of Dir tors ATTEST: 1"'� A4o�4—=r� — Jim Hase, Secretary of the Board of Directors APPROVED AS TO FORM: Robert G. West Attorney for TCMUD 1 H:\STOR\RGW\MUD\STORMSEW\CONTRACT.doc W0111120031 Diane PHY CLUB, TEXAS Town Secretary Patricia Adams, Town Attorney T R®pyL J g -6- STATE OF TEXAS ) COUNTY OF DENTON) This instrument was acknowledged before me on/l � , 2003, by DEAN HENRY as President of the Board of Directors of Trophy Club Municipal Utility District No. 1, on behalf of said district. [seal] OOF fi,R:"�R ANN MMGPNota y Pubi c -j PLATE OP TEXASMy Cor r^ c �u } l 33 STATE OF TEXAS ) COUNTY OF DENTON) ��drj�-Public tate of Texas Name Printe Commission Expires: This instrument was acknowledged before me on G' > �' , 2003, by SCOTT SMITH, as MAYOR of THE TOWN OF TROPHY CLUB, a Texas general law municipality, on behalf of said municipality. [seal] ^ i rJ ti> r f Or TE"',�� i •,'� ;�„�`'' 174 („) f t*� rRpa r) �a��,r�i �� Please return recorded instrument to: Robert G. West Whitaker Chalk Swindle & Sawyer, LLP 301 Commerce Street, Suite 3500 Fort Worth, TX 76102 99 1 Notary Public, StateTexas Name Printed: -/ /L"C- Commission Expires:a