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Agenda Packet TC 09/19/2016 - Joint Session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own CouncilPage 1 of 19Meeting Date: September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own CouncilPage 2 of 19Meeting Date: September 19, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-533-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:9/12/2016 In control:Town Council On agenda:9/19/2016 Final action: Title:Consider and take appropriate action regarding an Interlocal Cooperation Agreement for Administration of Fire Protection Services between the Town of Trophy Club and Trophy Club Municipal Utility District No. 1; and authorizing the Mayor or his designee to execute all necessary documents. Attachments:2016 Fire Oprations ILA Last Rev from Town changes made by NS including Hase Notes and Rose DateVer.Action ByActionResult ConsiderandtakeappropriateactionregardinganInterlocalCooperationAgreementforAdministrationofFireProtection ServicesbetweentheTownofTrophyClubandTrophyClubMunicipalUtilityDistrictNo.1;andauthorizingtheMayoror his designee to execute all necessary documents. Agenda Item No. 1 Town CouncilPage 3 of 19Meeting Date: September 19, 2016 TOWN OF TROPHY CLUB AND MUD 1 2016 Fire Operations ILA Town Proposal with Modifications / Notes by Jim Hase, Kevin Carr and Bill Rose Nick Sanders 9/15/2016 Council & Directors, I started with the latest ILA proposed by the Town to the MUD document, which was a Change Tracking Version that shows the changes in Blue Text which is Underlined. These are Town proposed changes suggested prior to any MUD changes. From that point I turned Change Tracking Off and entered Text in Red Color that are the proposed changes/notes from Jim Hase and Kevin Carr. I sent this version to Kevin and asked him to check it for accuracy. He reported back to me as “it was good” and that he had some other suggestions which he would bring up at our Joint Meeting. From that point I began to make changes which are in Black Text in Italic and Underlined that are Bill Rose’s notes and proposed changes. In some cases they are just notes. My plan is to use this document as a “road map” (so to speak) to guide us through our meeting. I would suggest you print out a copy in color which may help while we move through the document on Monday. Town CouncilPage 4 of 19Meeting Date: September 19, 2016 INTERLOCAL COOPERATION AGREEMENT FOR ADMINISTRATION OF FIRE PROTECTION SERVICES THIS AGREEMENT is made and entered into this_____ day of_____, 2016, by and between Trophy Club Municipal Utility District No. 1, adistrict 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, ahome rule municipal corporation, hereinafter referred to as "Town". W I T NE S S E T H : WHEREAS, Districtis 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 locatedwithin the boundaries of District, which boundaries include, without limitation,portions ofthe 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 MUD Addition WHEREAS, the PID pays their part of the fire expenses 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,Districtis 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 lnterlocal 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 Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 1 of 14 Town CouncilPage 5 of 19Meeting Date: September 19, 2016 NOW, THEREFORE, Districtand Town, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows: I. Incorporation ITerm Incorporation of Recitals. The foregoing recitals are agreed upon and 1.1 incorporated herein as a part of this Agreement. Term. This Agreement shall become effective upon approval by each of the 1.2 respective governing bodies of Town and Districtand upon execution by their respective authorized representatives, and shall remain in effect for an Initial Term of five (5)one (1) years.The Initial Term of this Agreement shall commence on October 1, 2016 and shall terminate on September 30, 201721.Upon expiration oftheInitialTerm,this Agreementshallautomaticallybe extendedforthree (3) additionalfive (5) yearterms unlesswrittennoticeofnonrenewalisgiven in accordance with Section X. Bill Rose is suggesting an initial term of 3 years with termination on Sept 30, 2017. MUD Proposed Changes via Hase and edits via Carr 1.2Term. 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 one (1) year, commencing October 1, 2016 and terminating on September 30, 2017. If neither governmental agency elects to terminate after one (1) year trial, then an initial term of five (5) years shall commence on October 1, 2017 and shall terminate on September 30, 2022. Upon expiration of the initial 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. 10.1 and 10.2 of this Agreement.. II. Definitions As used herein, the words and phrases hereinafter set forth shall have the 2.1 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 Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 2 of 14 Town CouncilPage 6 of 19Meeting Date: September 19, 2016 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, Emergency Medical Services, photography, and administration. Bill Rose comment. Delete Emergency Medical Services. Creates conflicts with 3.1B2 and 3.1C III. Budget and Funding 3.1 Budget and Funding Budget Preparation:Town shall prepare a budget for Fire Protection Services and A. present that budget to the Town Council for approval.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.The Town will submita preliminary contractual amount when the Town submits the fiscal budget to Town Council. Town will providean updated contractual amount for Fire-fightingActivities prior to August 31 in accordance with the proposed Town’s fiscal year budget.Town shall present to District a total contractual obligation amount by August 31 each year. Town shall make available staff and budget information to District as needed for approval of the contractual obligation. MUD Proposed Changes via Hase and edits from Carr A. Budget Preparation: Town shall prepare a budget for Fire Protection Services and present that budget to the Town Council for approval. The Town representative shall then present the Fire Budget to the District Board of Directors for possible changes and final approval. 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. The Town will submit a preliminary contractual amount when the Town submits the fiscal budget to Town Council. Town will provide an updated contractual amount for Fire- fighting Activities prior to August 31 of current fiscal year in accordance with the proposed Town’s fiscal year budget. BillRose suggestion. Change the last 2 sentencesof original Town wordingto read: “The Town shall submit a preliminary contractual amount to the District when the Town submits the fiscal budget to the Town Council. Town shall make staff and budget information available to District as needed for approval of the contractual obligation. Town and District shall have a joint meeting for the purpose of agreeing on the final Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 3 of 14 Town CouncilPage 7 of 19Meeting Date: September 19, 2016 contractual amount no later than August 31 of each year.” In order to facilitate a levelemergency 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 providedto Town prior to June 30of each yearof this Agreement, (with the exception of 2016), and any renewal term. Change above from Carr was an additionin RED. 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 andin 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 providingFire Protection Services provided to Eligible Persons as defined herein, in accordance with the terms of the Town approved Budgetthrough the assessment and collection of an annual Fire Tax on the property owners of District. 2)District shall fund 100% of allcosts of services and supplies associated with Fire Protection Servicesand servicesassociated with operating the Fire Department in accordance with the terms of the Town approvedBudget through the assessment and collection of an annual Fire Tax on the property owners of District. 3)District shall fund 100% of allcapital replacement costs through an annual capital replacement contribution 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. MUD changes made by Carr – addthe word firein Red 2 timesand remove Town 3)District shall fund 100% of allfire capital replacement costs through an annual capital replacement contribution as defined herein, in accordance with the terms of the Townapproved 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 realproperty 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 assessment shall be adopted by Town Council through the approval of the Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 4 of 14 Town CouncilPage 8 of 19Meeting Date: September 19, 2016 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. MUD wishes to strike 5 – Carr Bill Rose is asking why the MUD wishes to Remove 3.1 b 5? 5)District shall continue to pay all outstanding debt obligations incurredand existing prior to the commencement of the contract term. Bill Rose is suggestion adding an item. “Funds that are not expended annually during the course of this agreement shall be applied to the next year’s budget in accordance with distribution ofcosts shown above. Conversely, shortfalls shall be allocated to District and Town in accordance with distribution of cost show above.” MUD addition by Carrin RED C. Payment: Payments from the Districtfor 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, beginning on October 31 and concluding on September 30 of each fiscal year of the term of the Agreement, andthereafter 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. Bill Rose suggestion. The addition of “minus total PID Assessment Fee” by MUD needs to be specific to Fire Protection Services. IV. Operational Obligations and Rights of the Parties 4.1District Obligations and Rights: District shall perform all of its duties andobligations 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. Addition proposed by Bill Rose. “The District may review Fire Protection Services and coordinate modifications with the Town. The district may inspect, maintain, or repair District assets under this agreement during reasonable hours. The Town shall be informed of findings and actions taken, or to be taken.” 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 Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 5 of 14 Town CouncilPage 9 of 19Meeting Date: September 19, 2016 Services, previously under the control and direction of District. The Town's responsibilities hereunder shall include, without limitation, the control,and management ofall personnel as more specifically set forth in Section VIandall 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 ordesignees, shall oversee the daily operations of Fire Protection Services. MUD addition per Carrin RED C.The officers and employees of Town shall perform all duties and responsibilities of the District necessary to render Fire Protection Services(per Attachment “B” Item 7) to all Eligible Persons. Bill Rose Suggestion to reword. “The officers and employees of the Town shall perform all duties and responsibilities of the District necessary to meet or exceed all requirements of the fire plan approved by the Texas Commission on Environmental Quality (TCEQ) and render Fire Protection Services to all Eligible Perosns.” 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 Districtand 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 providedon behalf of Districtin 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 exceedthe requirements set by theNFPAand TCFP. MUD replacement of G by Hase and Carrin RED G. District shall 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 shall occur during the month of April. (See Attachment “B”). All Auditors fees will be included in Fire Budget.for assets and operator practices. Additional suggestion by Bill Rose The Town shall provide the District timely notice of any accident, damage, dangerous or defective condition relating to District assets under this agreement. Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 6 of 14 Town CouncilPage 10 of 19Meeting Date: September 19, 2016 V. Assets 5.1 Ownership. Prior to the commencement of this agreement, all assets ownedor directly purchased by Districtutilized 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. MUD replacement of 5.1 by Carr which removed the last 2 sentences of above 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. Bill Rose suggestion of leave 5.1 the way it was proposed. 5.2 Ownership Upon Termination. Upon termination of this Agreement, each party shall retain ownership of assets purchased with its respective fundsunless both Town and District elect to negotiate terms to transfer ownership to the other party. VI. EmployeeSupervisionandOrganization 6.1Control and Oversight.Townshall 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 Firefighting Services andStandard Operating Procedures for Emergency Medical Services. (hereinaftercollectively,"Town SOPs"). Bill Rose question. If this is true what are we approving them?Move SOP’s to definitions. 6.2 BenefitsandHumanResourcesServices.In accordance with Town personnel policies, Town shall provide benefits and human resources servicesto 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 beTown employees and shall be solely subject toTown personnel policiesand Town SOPs. VII. Consideration Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 7 of 14 Town CouncilPage 11 of 19Meeting Date: September 19, 2016 The parties agree that sufficient consideration for this Agreement exists and is found in the Payments Made pursuant to Section IIIof 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 IIIabove 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 8.1Town 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 tocover 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. 8.2District 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. 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 availableto it against claims arising from the exercise of governmental powers and functions. X. Default ITermination 10.1This Agreement may be terminated during the last yearof the Initial Term without cause by either party giving written notice to the other party on or before April 1, Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 8 of 14 Town CouncilPage 12 of 19Meeting Date: September 19, 2016 201721for termination effective September 30, 201721orby written notice on or before April 1 during the last year ofany renewaltermofthisAgreementfor termination effective on September 30 of the last year of the then current five (5) year renewal term. MUD replacement for 10.1 – some changes by Hase and some by Carr 10.1This Agreement may be terminated after year one (1) and subsequently during the last year of the Initial five (5) year Term without cause by either party giving written notice to the other party on or before June 1st, 2022 for termination effective September st 30, 2022 orby written notice on or before June 12017 and subsequently during the last year of any renewaltermofthisAgreement for termination effective on September 30 of the last year of the then current five (5) year renewal term. Bill Rose comment. “Three years and during the final year of any automatic renewal period. 10.2In 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 ninety (90) 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 ninety (90) day period, this Agreement shall immediately terminate without further notice, unless an extension is mutually agreed and approved by both Town and District. XI. 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. Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 9 of 14 Town CouncilPage 13 of 19Meeting Date: September 19, 2016 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 suchdefaulting party. MUD addition from Hase and edits by Carr XV. ANNUAL FINANCIAL AUDIT The Fire Department annual financial audit will continue to be a part of the annual Trophy Club Municipal Utility District No. 1 financial audit. Town will provide full access th to Fire records for this purpose no later than September 30of current fiscal year. Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 10 of 14 Town CouncilPage 14 of 19Meeting Date: September 19, 2016 XV. 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____________, 2016. TOWN OF TROPHY CLUB, TEXAS By: Name:C. Nick Sanders Title:Mayor Date: ATTEST: By: Name:Holly Fimbres Title:Town Secretary / RMO TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 By: Name:Kevin R. CarrJim Moss Title:President Date: ATTEST: By: Name:James HaseKevin R. Carr Title:Secretary/Treasurer Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 11 of 14 Town CouncilPage 15 of 19Meeting Date: September 19, 2016 ACKNOWLEDGEMENTS STATE OF TEXAS § § COUNTY OF DENTON § COUNTY OFTARRANT § This instrument was acknowledged before me on the _____ day of _______________, 2016 by C. Nick Sanders, Mayorof the TOWN OF TROPHY CLUB, TEXAS, a home rule municipal corporation, on behalf of such corporation Notary Public in and for the State of Texas STATE OF TEXAS § § COUNTY OF DENTON § COUNTY OF TARRANT § This instrument was acknowledged before me on the _____ day of _______________, 2016 by Jim Moss, Presidentof the TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1,district, on behalf of such corporation Notary Public in and for the State of Texas Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 12 of 14 Town CouncilPage 16 of 19Meeting Date: September 19, 2016 Attachment “A” Trophy Club MUD - Fire Department Debt Reimbursement Ladder Truck Reserve Lease Total Fire Station Bond Fiscal Year 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 Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 13 of 14 Town CouncilPage 17 of 19Meeting Date: September 19, 2016 MUD addition of Attachment B – Some came from Hase and some from Carr Attachment “B” Trophy Club Municipal Utility District No. 1 Fire Department Assets andOperator PracticesAnnual Audit Checklist (Audit to be performed by independent consultant retained by the District) 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). 8.Check for replenishment of major assets through GASB accounts. Formatted:Superscript th 2016 MUD Fire Operations – Town Revised August 24, 2016 – Notes added by Sanders in Red including MUD changes as submitted by Hase / Carr Page 14 of 14 Town CouncilPage 18 of 19Meeting Date: September 19, 2016 Town of Trophy Club 100 Municipal Drive Trophy Club, Texas 76262 Legislation Details (With Text) File #:2016-534-T Version:1 Name: Type:Agenda Item Status:Regular Session File created:9/12/2016 In control:Town Council On agenda:9/19/2016 Final action: Title:Discussion of future joint meetings and agenda items. (N. Sanders) Attachments: DateVer.Action ByActionResult Discussion of future joint meetings and agenda items. (N. Sanders) Agenda Item No. 2 Town CouncilPage 19 of 19Meeting Date: September 19, 2016