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Home My WebLink About11/13/2015 - Regular Minutes - Brazos County Municipal Utility District No. 1MINUTTS BRAZOS COUNTY MUNICTPAT UTILiTY NISTI{ICT NO. 1 November 1"3,20L5 The Board of Directors (the "Board") of Srazos County Munieipal Utility District No. l" (the "District") met in regular session, open to the public, on the 13th day o{ November, 2015, at17777 $tate Highway 6 S, Tower ConJerence Room, Coliege Station, Texas, inside the boundaries of the District, and the roll was called of the members of the Board: R. Hunter Goodwin Charles Moreau L. B. Hodges Jr. Kyle Davis Brian G. Fisher President Vice President Secretary Assistant Secretary Assistant Vice President and all of the above were present, thus constituting a quorum. Also present at the meeting were Jay Rudinger o{ West, Webb, Allbritton & Gentry, P.C"; Bill Mather of Grid Raceplex Floldings, Ltd.; Tami Martin ei{ Texas World Speedway; Adam Brumbaugh of Jones & Carter, Inc.; Rose lr{ontalbano of F. Matuska, Inc.; and Stephen M. Robinson and Kristen Hogan of Allen Boone Humphries Robinson LLP (',ABHR"). MINUTES The Board considered approving the minutes af the August 21,2015, regular meeting. Following review and discussion, Di.rector Davis mcved to approve the minutes as submitted. Director Moreau seconded the motion, which passed unanimously. FINANCIAL AND tsOOKKEEPING MATTERS Ms. Montalbano distributecl and reviewed the bookkeeper'$ report including the list o{ checks presented for approval and the budget comparison, a copy o{ which is attached. She said she received an operating advance check from the deveioper prior to today's meeting to cover District expense$. Ms. Montalbano next reviewed the District's praposed budget for the {iscal year ending November 30,20L6, a copy of which is attached to the bookkeeper's report. Mr. Robinson discussed the threshold lor an audit report exemption for water diskicts with less than $250,000 in gross receipts, operations, loans, taxes or confributio:rs, and cash and temporary investments during a fiscal period. He said the 587187 District may file with the Texas Commission on Environmental Quality ("TCEQ") an annual {inancial report in lieu of an audit for the {i.scal year endlng November 30, 2015, since the District had less than $250,000 in such revenues. After review and discus$ion, Directcr Fisher moved to approve the bookkeeper's report and payment of the bills, adopt the budget for the fiscal year ending November 38, 2016, and authorize the bookkeeper to prepare and submit an annual {inancial report for the Disfrict to the TCEQ for the fiscal year ending )rlovenrber 30, 2015. Director Moreau seconded the motion, whi"ch passed by unanimous vote. TAX ASSTSSMENT AND COLLECTION MATTER$ Mr. Robinson presented a Depository Pledge Agreement between the District and Wells Fargo Bank for a District tax account to be opened at the appropriate time for the fuLure receipt of tax revenues. Following review and d"iscussion, Director Davis moved to approve the Depository Pledge Agreement with Wells Fargo Bank. Director Fisher seconded the motion, which passed unanimously. REPORT DEVELOPMENT IN THH DISTRICT Mr. Mather discussed develeipment plans for the District' REPOR T ON ENGINEER]NG MATTER$ Mr. Brumbaugh presented the engineer's report, a copy of which is attached. He updated the Board on the design contracts for (1) ma$s grading and demolition, (2) master drainage sfudy, and (3) offsite trunk water and sanitary sewer improvements, phase L Mr. Brurnbaugh neited that there were no action items for consideration" RDTR THE RESULTS ON ELECTION, DIRECTOR ELXCTION,BOND gLECTIO AND OPERATION AND MAINTENANCE T EI,UCTIONS Mr. Robinson presented and reviewed an Order Canvassing the Returns and Declaring Results of Confirmation Election, Director Election, Bond Elections, and" Operation and Maintenance Tax Elections ("Order") reflectiag that the Disfrict's Ntvember 3,2A15, election resulted {avorably {or the following: (1) confirmatian o{ the creation of the Disfricf (2) the election o{ Directors Goodwin, Hodges, and Davis for terms ending after the director election ta be held on May 7, 2A16, and the election of Directors Moreau and Fisher f*r terms ending after the directnr election to be heid on May 5, 2018; (3) the issuance of $159,370,000 in bonds for water, sewer, and drainage facilities and lor refunding such bonds and the levy of taxes in payment o{ the bonds; (a) the issuance oi $LL,745,000 in bonds for road facilities and for refunding such bonds and the levy of taxes in payment of the bonds; (5) an operation and maintenance tax not t1; exceed $1.00 per $100 assessed valuation for facilities authorlzed by Article XVI, 587187 t- l-' $ection 59, o{ the Texas Constitution; and (6) an opetation and mai"ntenance tax not to exceed $0.25 per $100 assessed valuation {ar road facilities authorized by Article III, $ection 52, at the Texas Constitution. After review and discussion, Directar Moreau moved to adopt the Order and direct lhat it be filed appropriately and retained in the Dis1yict's official records. Director Davis seconded the motion, which passed unanimously. SWORN ST ATEMENTS, BOND$, AND OATHS OT'OFFICE The Board considered approving the Sworn Statements, Oaths o{ Office, and Of{icial Bonds of the five District Directors in connection with their election lo the Board for staggered terms. Mr. Robinson said the Oaths of Olfice will be filed with the Secretary of State. After review and discussion, Director Fisher moved to approve the Sworn Statements, Oaths of Of{ice, and $fficia} Bonds executed by the Directors and direct that such documents be filed appropriateLy and retained in the District's of{icial records. Director Moreau seceinded the motion, which passed unanlmously. DISTRICT BECISTRATION.FORM Mr. Robinson said the Diskict is required to file an updated District Registration Form reflecting the new terms o{ office o{ the elected Directors with the TCEQ. After review and discussion, Directeir lvloreau moved to authorize execution and liling of an updated District Registration Form rellecting the new terms o{ o{fice. Director Davis seconded the motion, which passed unanimousiy. AMENDMHNT TO INTORMATIOT{pORM Mr. Robinson presented and reviewed an Amendment to In{ormation }'orm reflecting the confirmation of the District's creation and the bonds authorized by the District's voters that may hereafter be issued by the Distriet. He stated that the District is required to file the Amendment to In{ormation Form with Brazcls County and the TCEQ. After review and discussion, Direclor Goodwin moved to authr:rize execution and filing o{ the Amendment to Information Form. Directcr Moreau seconded the motion, which passed unanimousLy. CONFLICT INTEREST DISCLOSURE UNDER 176 OF THE D ADO ETHICS N AND LIST roR IvIr. Robinson reviewed a Memcrandum from ABHR regarding con{1ict of inter*st disclosure required under Chapter 176 *t the Texas Local Govern:nent Code and disciosure {orms adopted by the Texas Ethics Commission, a copy of which is attached. He stated that pursuant to Chapter 176 of the Texas Local Government Code, the District will maintain a List of Local Government Officers. Mr. Robinson reviewed 5871&7 -5- the List of Local Government OIficers" After review and discussion, Directar Mr:reau moved to approve and authorize execution of the List of Local Government Officers and direct that the List be filed apprerpriately and retained in the Dislrict's o{ficial records. Director Hodges seconded the motion, which passed unanimously. CONVENE IN SESS]ON PURSUANT TO ON 551.072, TEXAS GOVERNMENT COD E, TO DELIBERATE THE PURCHASE,GE, LEASE, OR VALUE OF REAL PROPHRTY At 12:41" g.ffi., Director Goodwin annour:ced that the Board would convene in executive session. Ms. Martin and Ms. Montalba*o left the meeting' At 1:02 p.ffi., Director Fisher left the meeting. SESSION ATTR RHGARDING THE FURPOSE, EXCHAN GE, LEASF, OR VALUE OF REAL PROPERTY At 1:19 p.m., Director Goodwin announced that the Bcard would reconvene in open session. USE OF TO AND.IF ATE, ADOPT RESOLUTION AI]THORIZING CONDTMN ATION This item was tabled. ENCAGE ATION ATTORNEY &{r. Rudinger presented and:eviewed a proposed engagernent letter from West, I,Vebb, Allbritton & Gentry, P.C. Ior legal services associated with acquisition of real p:operly interests. Following review and discussion, Direetor Davis moved to authorize execution of the engagement letter frr:m West, Webb, Allbritton & Gentry, F.C. Director Moreau seconded the motiory which passed unanimously. TNCACE Mr. Rudinger presented a proposal from 5.T. Lovett & Associates to provide property appraisal services for the District. A{ter review and discussion, Dir*cto: Coodwin moved to approve the proposal from S.T. Lovett & Associates for appraisal services. Director Hodges seconded the motion, which passed unanimously. \dtrETING .tr AND ITtrl\{S FOR INCLUSION ON NTXT AGENDA The Board concurred for ABHR to contact the Board members tr: schedule the next meeting. 587187 -4- There being nei Jurther business to come before the Board, the meeting was adjourned. Secretary, Board IJ (*):*3{}Y * ffi * v b & tti ilt!\{ 587187 -5- LIST OF'AT?ACHMENTS TO MINUTES Bclokkeeper's report......." "."..... Engineer's report.".... Memorandum regarding conflict of interest disclosur*... Minutes Pugq'" 1 2 J 587187 -6-